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02-01-2008, 11:49 AM
| | Junior Member | | Join Date: Feb 2008
Posts: 4
| | | Fringe benefits affected by car accident
I live in Maryland, and am a member of an electrician's union where we recieve 100% paid health insurance. In order to recieve these health insurance benefits, we have to work 350 hours per quarter, because our employer pays a certain amount per hour into the health fund. I have been off work 3 weeks due to a car accident, and may be out about another month. I was wondering if I can claim the payment it takes to keep my health insurance current in my lawsuit? |
02-01-2008, 11:52 AM
| | Senior Member | | Join Date: Feb 2007
Posts: 8,231
| | | Sure, if you can get lost wages, why not the lost fringes too. Don't forget to compute it rightt as your compensatory damages are probably taxable |
02-01-2008, 12:11 PM
| | Junior Member | | Join Date: Feb 2008
Posts: 4
| | | Problem is, my lawyer seems to think the insurance company won't pay it because it would seem like they were paying for my health insurance..... |
02-01-2008, 01:45 PM
| | Senior Member | | Join Date: Feb 2006 Location: Philadelphia, PA
Posts: 17,776
| | | Your lawyer knows better then we do. |
02-01-2008, 03:44 PM
| | Junior Member | | Join Date: Feb 2008
Posts: 4
| | | But you seem to give very good advice, does that seem right to you? It says on the website here that the insurance company should put you back in the same position you were before the accident. It just doesn't make sense to me because if it wasn't for the accident, I wouldn't be having this problem |
02-01-2008, 05:04 PM
| | Senior Member | | Join Date: Feb 2006 Location: Philadelphia, PA
Posts: 17,776
| | | It's not an issue I've dealt with before. Your position makes sense to me, but I'm not a lawyer. If your lawyer says that the law does not support your position on this matter, I don't have any evidence to contradict him. |
02-02-2008, 09:48 AM
| | Junior Member | | Join Date: Feb 2008
Posts: 4
| | | Thanks for all your help. I guess I will just have to suck it up and deal with it. |
02-02-2008, 10:52 AM
| | Senior Member | | Join Date: Jul 2007
Posts: 2,337
| | | Maybe your lawyer means that the other driver's insurance won't pay your insurance premiums in "real time."
If you end up paying for insurance premiums that you would not have had to pay if the other driver hadn't caused the accident, it seems to me that is an economic loss you have that is directly attributable to the negligence of the other driver.
Have you worked the required number of hours consistently in the past? You do have to able to prove that absent your injuries from the accident, it is more likely than not that you would not have had to pay the insurance premium yourself.
Talk to your lawyer again and have him explain his opinion to make sure you understand why he thinks what he does. | |
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