Can I File for Loss of Wages Due to a Car Accident in Colorado? How?

Car accidents can cause a lot of complications in an individual’s life, especially when accidents involve injuries. You might be worried about how to repair or replace your damaged vehicle, paying the bills after you’ve been out of work, when you might be able to return to work, and how to cover the medical bills you’ve incurred.

Understanding your rights after an accident in Arvada will help you begin the process of regaining control of your life and moving forward with regaining financial stability. Learn more about recovering loss of wages due to a car accident.

I live in Colorado — what are my options for filing an auto accident claim?

If you live in Colorado, you live in a “fault” state, which means that you have a few options for filing a claim for damages after an auto accident.

  • You can file a claim for damages with your own insurance company, depending on your policy limits and coverage, whether you were at fault or not at fault.
  • If the other driver was at fault, you can choose to file your claim for bodily injury and property damages with his or her insurance company.
  • You may choose to file suit against an at-fault driver for specified damages.

Can I file for loss of wages due to a car accident?

Yes, in addition to medical bills and pain and suffering, you can file for loss of wages in your insurance claim. Your attorney can help gather the necessary evidence to support your claim for lost wages. You will need to provide the insurance company or court with documented proof of the following items.

  • Your medical status: You will need medical documentation showing your injuries and stating your inability to work for the period of time shown in your claim.
  • The amount of wages lost: Your employer may supply you with a letter that states the wages you lost or will lose while recovering from the car accident. The letter should appear on company letterhead. Previous pay stubs also can help establish your lost earnings.
  • If you are self-employed: You may provide tax returns to estimate your lost earnings or earning potential.

Can I recover for loss of wages due to a car accident if I was partially at fault?

Your percentage of fault in the accident will dictate how you would be able to file a claim successfully for reimbursement of earnings you lost.

If you are at least 50 percent at fault for the accident, you will need to rely on your own insurance because you are barred from recovering damages in a liability case. In this case, you may be covered for lost wages only if you purchased personal injury protection (PIP) insurance.

If the other driver is at least 50 percent at fault for the accident, you can file a claim with his or her insurance company for lost wages after the accident. In this case, the other driver is responsible for your damages, minus your percentage of fault. Learn more about Colorado’s comparative negligence laws.

Do I need a lawyer to recover loss of wages due to a car accident?

In car accident cases where injuries are serious enough to cause the injured party to miss work, enlist the help of an auto accident attorney. D.J. Banovitz helps Arvada residents file and settle accident cases to help them recover the damages they need to rebuild their lives after a crash. Call today for a free consultation on your case: 303-300-5060 or use our contact form.