Can I Claim for Lost Wages After a Truck Accident in New York?

The combination of narrow streets and heavy truck traffic in Queens, NY increases the risk of truck accidents. If you’ve been injured in an accident, a truck injury lawyer can guide you through the process of making a claim. Below, we examine whether you can claim for lost wages and any limitations that apply. 

Can I Claim for Lost Wages After a Truck Accident in Queens, NY?

No-Fault Insurance Claims

New York is a no-fault state, meaning you don’t need to prove liability to receive compensation. If you are a motorist hit by a truck driver, you can submit a claim to your own insurer. If you are a pedestrian involved in a truck accident, you can submit a no-fault claim to the truck driver’s insurance company.

Personal Injury Protection (PIP) is mandatory for all motorists in New York and covers economic losses up to a minimum of $50,000. If you have purchased a higher level of coverage, the total amount of PIP that can be claimed will match the policy value.

Will Insurance Cover All Lost Wages?

Although an insurance claim is often the most convenient option, there are limitations to the coverage. In New York, you’ll only be eligible to receive 80% of your monthly wages, up to a maximum of $2,000. This means that following a truck accident, you could still face significant financial losses.

PIP benefits are also limited to the lesser of the policy maximum or three years. If you reach the policy maximum or your loss of income continues for more than three years, the insurance payments will stop. While receiving payments, you must also be continuously certified as unable to work.

Are There Any Exclusions on Insurance Payments?

Your insurance claim may be denied if any of the following apply:

• Driving under the influence of alcohol or drugs
• Intentional accidents or self-inflicted injuries
• Driving or being a passenger in a stolen vehicle
• Committing a felony at the time of the accident
• Driving a motorcycle or ATV

You must also notify the insurer of your claim within 30 days. Late claims can be denied.

Filing a Lawsuit

If your lost wages exceed the policy value or payment term, you can file a lawsuit against the truck driver. New York law requires that you exhaust PIP resources before taking legal action. Additionally, one of the following must apply:

• Significant disability lasting a minimum of 90 days
• Loss of an unborn child
• Dismemberment or serious disfigurement
• Fractures
• Permanent loss of use or significant limitation of a bodily organ, function, or system
• Death 

Consult a Truck Injury Lawyer

A truck injury attorney can outline your options and help you to decide how to proceed. Your lawyer can negotiate with the insurance company on your behalf and file a lawsuit for lost wages exc eeding what’s covered by insurance. A lawsuit can also include additional claims, such as non-economic damages for pain and suffering.

To find out how we can help you, get in touch with our Queens truck accident attorneys here at Bardizbanian & Associates, P.C. in Queens, NY. We also proudly serve the Bronx, Brooklyn, and Manhattan.

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