Car accidents often occur when you least expect them on Hawaii roads. When they happen to you, you may be left with serious injuries that make you unable to work. In that situation, you have the right to sue for lost wages.
Understanding who pays for lost wages after a car accident
Hawaii is a no-fault state for motor vehicle accidents. This means that regardless of who’s at fault, all drivers must go through their own auto insurance policy to pay for damages. Those damages can include medical expenses, repairs to your vehicle and lost wages if you miss time off from work to recuperate. There is one exception to this rule; if you suffer serious bodily injury after a car accident, you can file a lawsuit against the other driver.
Proving lost wages
Proving lost wages after a car accident is easiest when you seek medical treatment and get a letter from your doctor attesting to the nature of your injuries. A detailed letter can explain the injuries and how they have impacted your daily life and ability to work.
You can also prove lost wages by obtaining a letter from your employer. This document confirms that you have missed time from work because you suffered injuries. Including proof of your normal wages, such as a paystub, with the letter helps to establish how much you are due in lost wages.
Filing a claim
If did not suffer a major injury and you were at fault for the car accident, you can file a claim with your auto insurance policy; however, if the other driver was responsible, file a claim with that person’s insurer. With severe injuries, insurance coverage may be insufficient to cover your lost wages. In that situation, filing a lawsuit against the other driver is warranted.
You might not immediately realize you’ve been injured depending on the circumstances. It can take hours or even days before you begin to feel the effects of a car accident. However, the sooner you file a claim, the better.