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Lost wages but not lost wages?

Discussion in 'Automobile & Car Insurance' started by abcatherine, Aug 5, 2022 at 4:59 AM.

  1. abcatherine

    abcatherine Law Topic Starter New Member

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    Jurisdiction:
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    Was rear ended stopped at a red light by someone who "didn't see me"....

    Their car insurance took fault. My car was totaled and their insurance covered it and covered all medical bills (around $6500) and offered $1200 (for my troubles?).

    Accident occurred on Sunday May 29th. Went to the doctor Monday, May 30th, ended up with a fracture and sprained foot. Told him about a upcoming trip to Hawaii and he just said don't go in water, or walk on uneven surfaces and stay off the foot as much as possible. I didn't mention work nor did he say I shouldn't work or provide any documentations say I shouldn't work.

    I did not work for two weeks, from Jun 1 - Jun 15. Technically, I requested these days off months in advance for a trip to Hawaii and was in Hawaii. In reality, it was too late to get a refund on the trip and I mostly sat in the airbnb - went to dinners and what not, but with a boot on my foot I couldn't do much of Hawaii - hiking, swimming, etc.

    Returned to work on Jun 16, I basically have three tasks (1) consults i.e. talking to patients (2) short surgeries - about an hour (3) long surgeries - 4+ hours. Was able to do (1) and (2), tried to do a long surgery but the pain from standing, I couldn't, someone else had to complete the surgery while I threw up in the bathroom from being nauseous. Ended up exchanging my long surgeries with a co-worker for his short surgeries for the following week. Thereafter, was back to normal.

    Car insurance wants a note from my work saying the days I didn't work, what I do, and my hourly wage, etc., but the insurance didn't mention anything about providing a doctor's saying I couldn't go to work (then again, the insurance paid the medical bills and probably could justify me taking time off?).

    I'm on a salary, I get certain number of vacation days (use them or lose them) and certain number of sick days (I think they dock pay if you take more than the allocated sick days - not sure, was never in that situation). Technically, I was paid for the vacation days. In reality, it wasn't a vacation and if I didn't request the days off in advance, I would have had to use some sick days.

    My insurance claim adjuster sends me emails from his end as a form of communication but never looks at the emails I send him. He never picks up the phone either but does check his voice mail, but it's limited to like 2 minutes. I want to be upfront and explain this to him, but don't really have a way to do so. Do I just have my work send him a note with missed days and my salary info?
     
  2. Zigner

    Zigner Well-Known Member

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    You took a scheduled vacation. I, for one, won't help you defraud the insurance company.
     
    hrforme likes this.
  3. adjusterjack

    adjusterjack Super Moderator

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    I disagree.

    The injury limited her activities while in Hawaii just as they would have been limited if stayed home.

    No fraud there.
     
    zddoodah likes this.
  4. adjusterjack

    adjusterjack Super Moderator

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    You're a surgeon and your activities (work and otherwise) were severely limited by the negligence of the other driver.

    That's the pain and suffering portion of your claim. There is a way of writing that up to maximize your settlement.

    I suggest you consult a personal injury attorney and review your options.
     
  5. zddoodah

    zddoodah Well-Known Member

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    Offered...and accepted? What payment(s) have you received (e.g., $X for the fair market value of the car; $Y for medical bills, etc.)? Have you signed any releases?

    No reason not to send the adjuster what he's requested, but I agree with the suggestion of at least consulting with a PI attorney and that the suggestion of "fraud" is absurd.
     
  6. Zigner

    Zigner Well-Known Member

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    The period of time that the OP was out for a scheduled vacation was not "lost work". If the OP tries to alter the employment records to change the nature of the prearranged time off, then it is fraud.
     
    Last edited: Aug 5, 2022 at 2:37 PM
    army judge likes this.
  7. Zigner

    Zigner Well-Known Member

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    The OP is trying to change the nature of his prearranged time off to be something different. Yes, the OP lost some enjoyment of the vacation, but the OP was on a prearranged vacation no matter how you look at it. To claim lost wages for that time is fraudulent.
     
  8. adjusterjack

    adjusterjack Super Moderator

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    Come down of your high horse, Zig, OP said nothing about lost wages. She's on salary.

    It's the muddlehead adjuster that said wages, asking for standard types of information for standard claims that don't apply here.

    OP suffered a compensable loss with the spoiled vacation. Compensation can be calculated in a variety of ways, including an equivalency based on salary or wages, or anything else for that matter. There's no fraud going on.
     
    zddoodah likes this.
  9. Zigner

    Zigner Well-Known Member

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    The OP is asking if she should have her work send a note showing the missed days, with the implication that they were missed as a result of the accident. Although the days coincided with her days off, those days weren't missed as a result of the accident.
     
  10. Zigner

    Zigner Well-Known Member

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    I agree that the the OP may be entitled to something for the "ruined" vacation, but not at the rate of pay. If the OP has her work send a note showing the days off in response to a request that is asking about days off due to the accident, then it is fraud.
     
  11. adjusterjack

    adjusterjack Super Moderator

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