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Auto Accident - Seeking Reimbursement for Lost Wages and Health Insurance Deductible

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therinkers

Junior Member
What is the name of your state (only U.S. law)? Pennsylvania

Last Friday my car was rear-ended by another vehicle. I banged my head on the headrest and had a bad headache but did not seek medical treatment at the time because I thought I'd be fine. After three days of headaches I went to my primary care physician who said I had a concussion. I took Monday off of work to take my car to the auto shop and to see my doctor. My doctor said I had a concussion. Since I only work PT I could try to return to work. I went to work Tuesday, but had trouble getting through my shift so the doctor ok'd me to take off Weds, Thurs and Friday. Even though I am still hurting I will try to return to work next Monday. My lost wages are less than $200, but living paycheck to paycheck, it does present a small hardship.

More importantly, due to the concussion I had to postpone cataract surgery (scheduled for Thursday of this week) to next month. My health insurance has a $3000 deductible which I had met in October. I was scheduled to have the surgery in December specifically so I would not have to meet a new $3000 deductible. Now that my surgery will be in January, I'm going to be out $3,000 that I do not have.

I would like to file a claim with the other party's insurance carrier for the lost wages and the new deductible. I have limited tort on my own auto insurance (I have no idea what tort is, sadly).

Do you think I would be allowed (and successful) to file a claim for these two items?

Thank you.
 


Zigner

Senior Member, Non-Attorney
Lost wages - maybe - assuming you can actually connect it back to the auto accident.

Deductible for the surgery that is in no way related to the accident? No way.
 

ecmst12

Senior Member
Agreed, you are definitely not getting anything related to the cataract surgery. Lost wages only if you have no sick or vacation time to cover your time off, and only for those days that your doctor stated you were unable to work, not for the day that you took your car to the shop. Limited tort means that you can't sue for pain and suffering, only for actual damages.
 

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