QuestionHi!
I was in a MVA on 12-31-06, not my fault. It was the other drivers. I had quit my job on 12-10-2006 as a waitress and was suppose to star a new job after the first of the year, I had my accident New Years Eve. I have 2 ruptured discs in my back and torn nerves. I have been on disability since the accident and will have back surgery in October. Am I entitled to any loss of wage from my insurance. I live in Michigan. I just got through all the hoops of my PI claim for replacement services after a letter stating that my injuries were definitley a result from my accident, Friday and it is sitting on the unit managers desk waiting for her to review it. Is this normal for it to go through all these people and what happens next?
Thanks a bunch,
Jeni
AnswerHi Jeni,
I am going to have to ask you to clarify some topics so that I know all aspects of your claim are being taken care of.
The reason for that is sometimes people are focused on only one topic, but there is a whole field of topics if they would just look out the window. In other words, they see what is bothering them next, but they sometimes let go more important things.
Since yours is a MOST SERIOUS accident, I want to get all of the facts so that I can be sure you have everything handled but this one thing you have asked about.
Now, as for that one thing you asked about:
1) Am I entitled to any loss of wage from my insurance?
I have no idea. What kind of insurance are you talking about? Personal Injury Protection (PIP) is popular in many states since it pays for lost wages. Usually it starts AFTER TWO CONSECUTIVE weeks off of work. And it pays around 85% of lost wages.
Underinsured Motorist coverage (UIM) is the other kind of insurance that pays for lost wages in a first party claim. The position of your company in a UIM claim is the same as that of the tortfeasor. The have the same obligation as the tortfeasor to pay 100% of the lost wages, with no qualification period (as I mentioned for PIP, above). Furthermore, they pay partial days missed for doctor's treatments, etc.
The unstated part of your inquiry is whether or not you can prove a loss of income from a job you had yet to start. YES is the answer to that. It will just require you to gather all of the facts that will show you had a job, what the wages and tips would have been, and what the likelihood would be for your continued employment there.
It is best to address those things with a brief letter from your would-be boss. You get the facts on the phone and YOU make up the first draft of the letter and give his assistant a disc with your draft already on the disc so that your would-be boss is not discouraged from doing a good job for you in terms of making a good letter.
That is about all I can say on that topic, given the little information you told me about the accident and the insurance situation.
You asked in the last sentence whether or not this is: "normal for it to go through all these people and what happens next?"
Yes, it is normal for a big claim like yours to have different levels of review. Again, for lack of information I have no idea what happens next.
NOW, on to my questions, since I am done with what you asked about.
Here are my topics, and if you wish, just answer them back in the form of another question and then I can be assured that you are in fact getting full coverage for this terrible accident.
Let's start with the insurance coverage and the status of your claims. Tell me how much insurance coverage the tortfeasor (other driver) has and the status of that claim.
Next is your own first party coverage. Tell me what you have for Med/Pay no-fault or PIP, and if you have opened those claims and how the wage loss limits will cover your wage loss.
Next is your own UIM coverage. What are your limits and have you opened that claim?
Next is your health insurance. What has been paid by your health insurance?
Next is who is paying for the medical bills to date, and what subrogation http://www.settlementcentral.com/page0459.htm claims are being made by your insurance?
Next is your total medicals incurred, paid, outstanding bills, and who is to pay them.
Next is statute of limitations concerns. You have another two and a half years in your state inasmuch as it is three years.
Next is the issue of settling for third party policy limits, and all the insurance policy limits concerns to deal with http://www.settlementcentral.com/page0451.htm
For example, do you know whether or not the tortfeasor has assets that would be worth going after?
Last is disability. Who put you on disability, and who is paying for your disability? Do they also have a subrogation claim versus your insurance award?
If you want any further help, go ahead and prepare some of these answers and I will be glad to look over things for you.
Best wishes,
Dr. Settlement, J.D. (Juris Doctor)
www.SettlementCentral.Com
