Can you recover lost wages if someone crashes into your car?

On Behalf of | Jun 1, 2020 | Car Accidents

The first expense that most people think of when contemplating the impact of a car crash will be the cost of repairing their vehicle or possibly replacing it. The newer and more expensive your vehicle is, the more likely you are to have damages that exceed the insurance available for the other driver.

The second most common expense people often think of is likely the cost of any medical care the driver or their passengers require after a crash. People don’t always immediately think about how the injuries they suffer will impact their earning potential during their recovery.

It may not be until a doctor advises you to rest for several weeks that you realize you will still have expenses accruing that whole time. If the other driver is the one who caused the crash, can you hold them accountable for your lost wages?

Personal injury protection covers medical costs and possibly lost wages

Massachusetts mandates certain kinds of insurance coverage. That includes at least $2,500 of Personal Injury Protection insurance. Many times, this coverage offsets medical costs, but it can also help replace the lost wages of someone injured in a car accident.

Generally speaking, an insurance company will offer up to 75% of the worker’s average wages during the recovery period as part of their compensation. However, there are caps on that recovery related to the amount of coverage someone has. In other words, the other driver doesn’t have much coverage, your lost wages may exceed the maximum amount the insurance company will pay.

A civil suit can close the gap between coverage and costs

You shouldn’t have to suffer from lost wages because someone else caused a crash while not adequately insured for the risk they might incur on the road. You have the right to seek compensation for verifiable financial losses after a car crash, provided that you take action within three years of the day of the collision. Inadequate insurance is one reason why people may have to pursue a claim against the driver instead of just against their insurance policy.