Can You Get Paid for Work You Missed After a Car Accident?
Missed shifts add up quickly after a crash, especially for hourly workers and the self-employed. Lost earnings are a recognized part of an injury claim, but they are paid on proof, and the proof is yours to assemble.
Which coverage can pay lost wages
| Coverage | Lost wages? |
|---|---|
| The at-fault driver's bodily injury liability | Yes, as part of your damages, up to their limit |
| Your uninsured or underinsured motorist coverage | Yes, as part of what you could recover from the at-fault driver, up to your limit |
| Your medical payments coverage | Generally no; it pays reasonable medical expenses. Terms vary by insurance company |
| Workers' compensation, if hurt while working | Its own benefits; your UM may be reduced by them |
The proof adjusters ask for
- A letter from your employer on letterhead, stating your job, your pay rate, your usual hours and the dates you missed.
- Pay records from before the accident, such as recent pay stubs, to show what you normally earn.
- Medical support: a note from your treating provider saying you could not work, or could only work restricted duty, and for how long.
- If self-employed: tax returns, invoices, cancelled bookings and bank records that show the income you lost.
- Paid leave used: sick or vacation time you had to use is commonly included as a loss, because you spent a benefit you earned; say so and document it.
Who will ask, and when
The adjuster handling the injury claim, whether for the other driver's insurer or your own UM coverage, will usually ask for wage information once your treatment is under way. Some employers receive a verification form directly from the insurer. Tell your payroll or HR contact to expect it, and ask them to return it promptly; a form sitting on someone's desk delays the whole claim.
When it gets paid
Lost wages are commonly paid as part of the overall injury settlement rather than week by week. That is why it helps to keep a running log from the first day: each date missed, the hours, and the reason, with the medical note that supports it. A log written at the time is far more persuasive than a reconstruction months later.
Two legal points that can change the amount
- Uninsured at the time? Under Civil Code 3333.4, an uninsured owner or driver can still recover economic losses such as lost wages, but not pain and suffering, unless the at-fault driver was convicted of DUI for the crash and the injured person was the uninsured owner.
- Workers' compensation. If you were hurt on the job, Insurance Code 11580.2 lets your uninsured motorist coverage be reduced by workers' compensation benefits, and arbitration of a UM claim waits until your condition is stationary.
What can go wrong
- No medical link. Time off without a provider's note is easy to dispute.
- Overstating. Claiming hours you would not have worked damages your credibility on everything else.
- Settling too early. If you are still off work, a settlement now has to guess at future lost earnings, and a release usually ends the claim.
- Forgetting the UM deadline. If the claim is under your own UM or UIM, you must sue the at-fault driver, agree the amount or demand arbitration within two years of the accident.
A crash that keeps you off work is exactly when your uninsured and underinsured motorist limits matter. Request a quote to see what higher limits would look like.
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Does car insurance pay for lost wages in California?
Lost earnings are part of an injury claim against an at-fault driver's liability coverage, and part of a UM or UIM claim on your own policy. Medical payments coverage generally pays medical bills, not wages.
How do I prove lost wages after an accident?
An employer letter with your rate and missed dates, recent pay records, and a provider's note saying you could not work. Self-employed people use tax returns, invoices and bank records.
Can I claim the sick days I used?
Paid leave you had to use because of the injury is commonly included as a loss. Document the days and the reason.