Hit by an uninsured driver in a no-fault state, my UM carrier is now denying lost wages saying my W2 income doesnt qualify as 'documented economic loss'. Has anyone gotten lost wages paid on a UM claim without a fight?
So back in February some guy ran a red light and t-boned my Civic on the passenger side. He had no insurance, an expired tag, and as it turned out an active warrant. Police arrested him at the scene. He has zero assets and there is no point in trying to sue him personally. Thankfully i had stacked uninsured motorist coverage on my policy with State Farm, $100k per person and $300k per accident, which is more than most people carry around here.
The medical side of the claim has gone okay. Two days in the hospital, four physical therapy sessions per week for two months, ongoing chiropractic. State Farm has paid the medical providers more or less on schedule though they are slow walking some of the chiropractic invoices. My total medical paid so far is around $14,200 and i think the final number lands closer to $22k.
Where i am stuck is the lost wages portion. I missed 6 weeks of work as a paralegal and then came back at reduced hours for another 4 weeks. My documented W2 income loss is roughly $11,400 based on my regular salary, plus i lost out on a quarterly bonus that would have been about $2,800 if i had been there for the full quarter. I submitted pay stubs, my employer letter, and the bonus structure documentation. State Farm came back and said the bonus is "speculative future income" not actual documented loss, and on the regular wages they want me to "verify that the time off was medically necessary versus elective recovery time." My doctor already wrote a letter saying i was unable to perform job duties. They are now asking for a second functional capacity evaluation specifically for the wage claim.
Has anyone gotten lost wages paid on a UM claim without this kind of back and forth? Do i need a UM attorney at this point or am i overreacting? The chiropractor and the hospital both said State Farm UM is harder to deal with than third party liability claims because the carrier is incentivized to underpay their own insured. I dont know if that is just bitter provider talk or if it is actually how this works.
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