lost wages

What is the name of your state (only U.S. law)? Oklahoma. I was hit by a semi truck that ran a red light. I actually have 2 questions. First, my truck was totaled and I am upside down on my note, but I do have gap insurance, but I have nothing to get another truck with. I do I get put back in the position I was in before this accident.
Also my lost wages, I have been off for a month and will be for a few more weeks. My attorney tells me I cant get any money from the defendant until the medical is complete. I have had people tell me they were able to go ahead and get their lost wages paying prior to a settlement. Is my attorney wrong here? I have been without a pay check now for a month, and Chiropractor is talking at least 6 more weeks treatments. So is it true I can not get my lost wages until after this time? I have bills to pay. Christmas coming.

Your lawyer is correct.

Your loan is not the concern of the person who hit you. They are liable only for the value of your vehicle in the condition it was in immediately prior to the accident. They are NOT responsible for making sure you can get another vehicle, that's on you. Even if you did NOT have gap insurance, you would still not have gotten anything more then the value of the vehicle.

Let me elaborate on the lost wages. You may be able to get your lost wages before your final settlement (maybe) but definitely not until you are back to work full time (even if you're still receiving some treatment) so you know what the total amount will be. You can't get some now and some later and expect them to pay you every 2 weeks like your job. They will make ONE payment for property, ONE for lost wages, and ONE for medical/pain and suffering.

But if your lawyer still says the lost wages and the medical/pain and suffering can only be all one claim/payment, then go with what he says. He knows more about your case then anyone else.

That dont seem fair. What if a guy has no money coming in other than the paycheck he cannot work for now. He is forced to settle quick. And if he is not released to go to work for 3 months, what happens with all his bills?

Those bills become part of the damage he suffered due to the accident. You don't have any disability insurance from your job?

I'm still looking for that rule book that has the rules of life and am especially looking for that one that says life is fair. I don't think it really exists.



You can always wait until near the statute of limitations runs out before negotiating. That way you will have a lot clearer idea what your total costs are. The insurance company isn't required to make anymore than one payment to you and really, they can basically make you sue their customer to get even that.

Until a court awards a specific amount, everything is a negotiated figure.

sechogfan said:

That dont seem fair. What if a guy has no money coming in other than the paycheck he cannot work for now. He is forced to settle quick. And if he is not released to go to work for 3 months, what happens with all his bills?

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That is what insurance is for, it is to protect you. Who is responsible for you being underinsured in this case? It wasn't the truck driver or his insurance company.

Not the truck drivers fault im under insured? Its his fault because he ran the damn red light and hit me. He put me in this position not me. I had full coverage insurance but it doesnt pay me lost wages, the wreck wasnt my fault.

But you could have gotten yourself disability insurance, which WOULD have covered at least part of your wages while you were unable to work.

Yes, his insurance will pay lost wages. It's just that they won't pay them out like a paycheck. Once it is determined what your damages are, including lost wages, you make a claim for your damages.