Spouse's lost wages

[JennyP410]

What is the name of your state? Georgia

Following a motorcycle accident that left me with a broken pelvis, my husband had to stay home from work to care for me. I was bedridden for over four weeks. I missed seven weeks of work, he missed five.

I basically couldn't move without him lifting me, lowering me down, lifting my legs and putting them back on the bed. By the fourth week, I was well enough to creatively do some of these things on my own, so he went back to work.

The insurance adjustor is ignoring his lost wages claim. When I asked about it, she replied that he wouldn't have a lost wages claim. I told her, again, that I was dependant on him completely. She said she wants to concentrate on me first.

Will his be handled as a separate claim?

[ecmst12]

I have no idea if he will be able to recover lost wages for YOUR injury. I think he will have to talk to an attorney.

[fcobarr]

were you on the motorcycle and at fault? Is there another party/insurance involved?

If it's your own insurance, did you purchase any extra insurance for essential services? I don't even know if that is available on a motorcycle policy.

My wife broke her pelvis in a car accident and thankfully I paid an extra $40 for an essential services option...which only had a benefit of $20/day with a max benefit of $16K for up to 2 years. We were able to use this money towards getting help around the house. I was never able to claim lost wages. This was in NJ. I have no idea about GA insurance.

If there is another party at fault/involved maybe your husband can sue them in small claims.

Hopefully you get some other responses. Good luck.

[tranquility]

At best, you might be entitled to the reasonable cost of in home or convelescent hospital care. What your husband's salary was is irrelevant.

[racer72]

Originally Posted by tranquility

At best, you might be entitled to the reasonable cost of in home or convelescent hospital care. What your husband's salary was is irrelevant.

In addition, unless your husband is licensed to provide such care, he is not entitled to any compensation.

[JennyP410]

I was the passenger on the bike, and the party driving the car was at fault. So it isn't my insurance.

It never occured to me that he might not be eligible for lost wages. That's disheartening. I guess due to the severity of the injury, and having to remain in bed to keep the break from shifting (which would have meant surgery), I just assumed that he'd be covered. It was IMPOSSIBLE to get by without his help.

I had considered checking the price of in-home health care, and then as a last resort, trying to recover that amount.

Recovering the money in small claims isn't an option. This guy is bankrupt and his 30 year old mobile home was foreclosed on. He is flat broke.

[JBK in Georgia]

Talk to an attorney. There's more available here than what you've been told by the insurance adjuster.

[JennyP410]

We did, a month after the accident. He asked about any homeowners policies we had, uninsured motorist, or any other policies he might could pull from, which completely confused me.

He found out the policy limit, and we agreed to decide after that if we wanted to hire him. Limit is 50/100, but I was the only one injured. So he led me to believe that 50 was the max that I could get.

We have not yet hired an attorney.

[ecmst12]

This is why you should keep all questions related to the same situation in ONE THREAD, so you don't have to keep explaining the background over and over.

With all the problems you've had with this adjuster, I think it is definitely time to get an attorney. That's really the only way you can get leverage against them. So long as you are un-represented, they know there's not a whole lot you can do to them if they drag their feet or don't make a fair offer.

[JennyP410]

ecm - You've mentioned this before. I want to just ask a simple question without anyone having to read the lengthy initial thread. If I see one that is that long, I usually don't waste time reading it. I apologize for the inconvenience.

You are correct - I should just hire an attorney. However, I don't want to tie it up in litigation for a year or more. I have medical bills that I am paying out of my own pocket because my health insurance refused to pay. I need resolution asap.

I'm preparing a letter to her and will carbon copy her supervisor. If I don't see a noticable improvement in a week or so, I'll be sending the certified letter with a 10 day deadline to respond with an offer.

[fcobarr]

Jenny-I understand your predicament...however, there is nothing you can rush.

I don't know when your accident was, but if you can't agree on things with the adjuster, they will withdraw their offer and then you have to go through an attorney to get any attention. Sending a letter with a response deadline won't help you.

My wifes PI claim is going on two years (with an attorney). Summary judgement has been awarded in her favor, etc. However, still no offer. Unfortunately, that's just how the process is. Defendants and plaintiffs attorney's file motions, request extensions, etc. That's just how it is.

Even though the insurance knows that eventually they will pay, they would rather put off that payment as long as possible.

Also, regarding your medical bills...you should be able to put off paying them until you obtain a settlement. Perhaps if you use an attorney, and he notifies them there is a lawsuit, the providers will place a lien against the settlement without making you pay now. I'm not sure exactly how that works, but I've read some discussions on her along those lines. In my case, I had PIP coverage so I didn't have to deal with unpaid medical bills.

[JennyP410]

This adjustor has a clever tactic of asking for information over and over. It may be something that I've sent already (or in the case of one item, four times), or she may just ask for it in a different format than what I've sent. So its pretty obvious that she is just delaying.

I am calling a different attorney today. His brother has insisted that we should at least go talk to him, so he gave me his number Friday night.

[ecmst12]

You know, many of us have already read your "lengthy initial post" and those that haven't would be better equipped to answer your "simple question" (which of course is not simple because your whole situation is complicated) if they had. So now you have 5 or 6 long threads on here, all about the same accident, where you have to repeat the same background information on all of them (making them longer) instead of ONE post that would have all the information you need.

[JennyP410]

Look - you've been really helpful in the past. But since when did you add "moderator of the forum" to your resume?

I'm not sure that there is a rule that requires all questions to be in one post. What I am asking doesn't require any lengthy background information.

I explained my reasoning in a previous reply, and if you disagree, then so be it. Just don't read/contribute to my questions and I won't be wasting any more of your time.

[VeronicaLodge]

good luck getting any further help with that attitude.