One of the seldom known portions of your own automobile policy is that under the “Florida No–Fault Statute” (Fla.Stat. 627.736) you may be able to claim lost wages when you are injured in a motor vehicle accident, even when you are the at-fault driver. As part of the No-Fault Statute, it does not place the blame and liability of injuries/lost wages on one party or another. Instead, no matter who is at fault, in the crash the injured person has upwards of $10,000 in personal injury protection benefits that can be used towards treatment and/or lost wages.
So how much of your lost wages will be covered? Florida Statute 627.736(1)(b) states:
(b) Disability benefits.—Sixty percent of any loss of gross income and loss of earning capacity per individual from inability to work proximately caused by the injury sustained by the injured person, plus all expenses reasonably incurred in obtaining from others ordinary and necessary services in lieu of those that, but for the injury, the injured person would have performed without income for the benefit of his or her household. All disability benefits payable under this provision must be paid at least every 2 weeks.
In order to request compensation for the 60% of the lost wages, you must submit a “Wage and Salary verification,” This “verification” is filled out by your employer and then submitted to your insurance company. The “Wage and Salary Verification” provides an outline to the insurance company of gross wages for the thirteen weeks prior to the accident. Also, some insurance companies require your treating doctors to complete a disability form, if you will be out of work for an extended period of time.
So what happens to the other 40% of your wages? The portion not covered by PIP may become part of your claim against the at-fault driver. Meaning, the person who hit you may be liable to pay the remaining amounts to you.
What if my insurance company refuses to pay for my lost wages? If your insurance company fails to pay 60% of your lost wages, then you need to contact Dolman Law Group, and we will fight for you against the insurance company to make sure they start paying your lost wages.
Contact an experienced PIP attorney.
At Dolman Law Group, we have an experienced team of PIP attorneys who battle insurance companies on a daily basis. Because of the changes made in 2012, it is now more difficult than ever to be reimbursed for damages as a result of an auto accident. Florida’s No-Fault insurance was supposed to make things easier. Instead, insurance companies have taken advantage of the recent changes to dispute and deny more and more claims.
If an insurance company has denied your PIP claim, contact our personal protection insurance attorneys at Dolman Law Group today at 727-451-6900 for a free consultation. Our firm works on a contingency basis, so we will not collect payment until we have earned our client the compensation they deserve.