Legal Question in Personal Injury in California
Insurance settlement for auto accident
My husband was rear ended (he was 0% at fault). Doctor bills only about $900. Car repair was $6,500. My husband works construction and carpentry for people we know 'under the table'. Therefore, he has no check stubs or W2 to prove he makes $25 hour. The insurance company says they have no legal obligation to pay him wages for the 10 days the doctor told him not to work. They are paying for the car and doctor bills and want to give us $2,300. We think we should get his wages plus some for 'pain and suffering'.
Are we asking too much. Can we force the wages? Or are we out of luck?
Thank you.
2 Answers from Attorneys
Re: Insurance settlement for auto accident
The rule is you dont get what you cant prove.
Re: Insurance settlement for auto accident
No, you are not asking to much. Many people who work at home or own their own business make claims for lost wages. If you had $6500 in property damage your husband was being extremely conservative in his treatment with the doctor. I think you are justified in asking for ten days of lost wages if the doctor stated that he could not work. You are also entitled to pain and suffering. If you need additional information please feel free to email my office.
Sincerely,
John Hayes
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