Auto Insurance Claims: Loss of income, medical appointments, paystubs

Question
I retired from the Air Force on Sept 1, 2010.  Auto accident Sept 3, '10.  Significant wrist injury requiring surgery scheduled for May 2011. Long delay due to problem not showing up on x-ray, multiple MRI's to find complete TFCC tear, sprain in almost all joints in hand/wrist/fingers.  I was planning on seeking employment after retirement but did not due to wrist injury and significant time lost to medical appointments and lost of time due to surgery..  Difficult to drive, unable to use computer or write more than 5 minutes.  I was a pilot in USAF and I am unable to fly.  The other driver was 100% at fault and was sited.  Her insurance company is already talking settlement even before surgery.  Adjuster claims I have no right to claim loss of wages.  Does that sound right?  My income before I retired was $150K per year.  I am asking for $1k per month for loss of wages since I did not currently have a job when the accident occurred.  I will not settle until after surgery and PT is complete and things are as good as they are going to get.

Thank you!

Answer
Hi Carl,

You are correct in waiting until after your surgery and all PT is complete before talking settlement.

You may want to visit a website: www.collisionwizard.com . It will help you to develope a website and also have a claim calculator to help you determine the value of your claim.

It is very difficult to make a claim for lost wages when you were not empoloyed. Generally, lost wages muct be proved by showing paystubs as well as a statement from an employer indicating how much time was missed and the amount of money you lost as a result. Considering that you had just retired, it will be difficult to show an actual loss, unless you had an offer of employment that you had to decline as a result of the accident and resulting injuries. In this economy, employment is hard to come by as it is. In your situation, the insurance company will ask; "How do we know you had any intention of obtaining employment considering you just retired"?

It may be a better route to simply ask for more in pain & suffering. If the insurance company does not treat you fairly, you may need to seek the advice of an attorney.

I hope this helps
Richard Hixenbaugh