When I was rear-ended in a car accident years ago, the insurance company of the woman who hit me had to pay me for my lost wages. I missed four days of work and my car needed to be totaled, so in addition to receiving book value on my vehicle, her insurance company also cut me a check for the four days that I missed work. Her insurance company also had to pay for my medical bills, which I was reimbursed for, since her insurance company opted to pay me the entire amount in one lump sum.
Since your boyfriend is salaried, that would mean that if he is entitled to lost wages, the insurance company of the person who hit him would need to pay a percentage of his salary, in his case, two days worth. So hypothetically, if he makes $1000.00 a week, I'm pretty sure that he would be entitled to $400.00 (assuming that he works five days a week) in addition to the damages to his car and medical expenses.
Where I live, in Pennsylvania, it's a no-fault State as far as lost wages and medical expenses are concerned, which basically means that usually you pay for those expenses yourself by claiming it on your own insurance policy. The exception to this rule is that you are automatically at fault if you rear-end another driver. This means that the driver of the car who did the rear-ending is automatically deemed "at-fault" at the scene of the accident by the officer taking the report.
I would definitely find out what New York's policies are on these matters, and if it turns out to be similar to Pennsylvania's laws, I would definitely find out from his insurance agent if there is any way that they can go after this person's insurance for his lost wages. If it is the same as Pennsylvania's Auto Insurance policies, since your boyfriend was the one who was rear-ended, it shouldn't affect his own insurance premium.
Just a few questions, though: Did he get a police report? This is definitely the most important thing to have when you are involved in any auto accident, whether it is serious or not. If so, what was the officer's determination as far as who was at fault? I'm guessing that more than likely the other driver was deemed at fault since your boyfriend was the one who was rear-ended.
Did he receive medical treatment either at the scene or a few days after the accident? When I had my accident, my symptoms didn't show up until three days later. In PA, you have until 72 hours to seek treatment after an auto accident, I'm not sure what the laws in NY are. Make sure that he keeps all medical documentation on hand for the insurance adjuster when he files his claim for reimbursement.
Did he get at least three estimates for the damages to his vehicle? Insurance companies usually take the lowest estimate and cut a check for that amount, but in the event that the vehicle is totaled, he should get book value for it. If the other person's insurance company insists on doing their own estimate, make sure that he insists that his own insurance company does the same. A friend of mine got a much lower quote than what she expected when she allowed the insurance company of the other driver to give her an estimate. After allowing her own insurance company to do the same, they backed right off and paid her the full amount of what her car was worth in the Kelley Blue Book.
Did he get a letter from his employer confirming that he had missed two days of work and was not compensated for his time off? This is something that the insurance company of the other driver is definitely going to need if they reimburse him for his lost wages. Make sure that his employer clearly states what his weekly salary is and how much of a percentage he is entitled to receive. It's in my understanding that most insurance companies are pretty accommodating about accidents involving a customer of theirs who has rear-ended another driver. Most of the time, it's worth it for them to just settle the matter as quietly and as quickly as possible as to avoid a potential lawsuit.
Good Luck, and let us all know how it turns out!
~ Dee ~
