Legal Question in Insurance Law in Pennsylvania
Wage loss compensation in UM claims
I was told that PA law prohibits Uninsured Motorist settlements from including any consideration for wage loss. Is this true? (shetterly)
2 Answers from Attorneys
Re: Wage loss compensation in UM claims
No, not true.
What may have confused someone was that IF the person received work loss benefits from their own automobile insurance, under PIP coverage, they could not claim those same benefits again, from the UM claim. Those benefits couldn't be recovered from an insured defendant, either, so it makes sense. But wage loss that wasn't covered by PIP can be included in a UM claim.
Re: Wage loss compensation in UM claims
The prior response is essentially correct. You can recover lost wages in a UM, UIM or 3d party claim that were not paid under your the PIP coverage of your own ins policy. This is what we call an "excess lost wage" claim. So if you have $25K in lost wages, & received $10K from PIP coverage, you have a $15K excess lost wage claim, which is recoverabe in a UM case.