lost wage/sick days/disability ins.

[vizi]

What is the name of your state? california
i am trying to settle an auto personal injury lawsuit, but the claim adjuster for the "at fault driver" is giving me the run around w/r/t lost wages. They claim that they only pay "actual wage loss". As someone who is entitled to sick time/short term disability ins. as well as state disability the actual wage loss incurred can be substantially reduced.
consulting lawyers and gathering various bits of info.suggests that this is a recoverable amount regardless if there is a wage loss. The reasoning behind this is essentially that the injury is not an accident but due to the negligence of someone who is financially responsible and thus the wage paid out by either company/disability insurance is recoverable as either a lien against the settlement or if settled against the employee themselves.
those of you w/ experience in this, i'm interested if lost wages (when there was no actual loss in wages) were part of your settlement.
along the same lines, if you make a settlement w/o taking into account the loss wages, can your employer bring lawsuit against "at fault's insurance company" or does the agreement that is signed on settlement also pertain to your employers' interests. that is is the "at fault's insurance company" no longer under obligation and thus the obligation transfers to the employee? thanks, cindy

[seniorjudge]

Originally Posted by vizi

What is the name of your state? california
i am trying to settle an auto personal injury lawsuit, but the claim adjuster for the "at fault driver" is giving me the run around w/r/t lost wages. They claim that they only pay "actual wage loss". As someone who is entitled to sick time/short term disability ins. as well as state disability the actual wage loss incurred can be substantially reduced.
consulting lawyers and gathering various bits of info.suggests that this is a recoverable amount regardless if there is a wage loss. The reasoning behind this is essentially that the injury is not an accident but due to the negligence of someone who is financially responsible and thus the wage paid out by either company/disability insurance is recoverable as either a lien against the settlement or if settled against the employee themselves.
those of you w/ experience in this, i'm interested if lost wages (when there was no actual loss in wages) were part of your settlement.
along the same lines, if you make a settlement w/o taking into account the loss wages, can your employer bring lawsuit against "at fault's insurance company" or does the agreement that is signed on settlement also pertain to your employers' interests. that is is the "at fault's insurance company" no longer under obligation and thus the obligation transfers to the employee? thanks, cindy

those of you w/ experience in this, i'm interested if lost wages (when there was no actual loss in wages) were part of your settlement.

You cannot be compensated for something you did not lose.

[vizi]

ok, maybe i was too loose in my language there. I agree that you cannot be compensated for something you did not lose. However going back to case, my medical insurer knows that my injuries are due to an "at fault" auto accident and are putting a lien on any settlement. Fortunately, i know this before my settlement has been finalized and thus have factored this into my calculations. If i had settled w/o this knowledge, i would be responsible for medical bills due to the negligence of another driver. The exact same logic is applicable w/r/t wages.

[ecmst12]

When I got an auto settlement several years ago, I was told I was not entitled to lost wages because I had sick/vacation time, but my lost sick/vacation days were taken into consideration when making my settlement demand.

You should get a lawyer. Don't expect the insurance adjuster to do anything other then give you the runaround without one.