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Lost Wage Insights


Lost Wage Insights

  By Dan Baldyga
About Dan Baldyga
  Dan Baldyga has a lifetime of experience in the field of motor vehicle accidents, personal injury and compensation.
More about Dan  

YOU'RE ENTITLED TO A FULL PAYMENT FOR ALL YOUR LOSSES: Present to the adjuster the figures you've listed for all the bills, costs, and expenses which are a direct result of the accident. Make copies of everything and hand them to him. Insist that you get full compensation for every loss and expense you incurred, including your gross wage loss amount. (Not your net wage loss but your gross wage lost). Permit no deductions to be taken out for, say, sick leave benefits, even if you've been paid your wages by your employer or been reimbursed from some other insurance coverage you may have. In many states, if you're self- employed (even if you didn't lose a penny out-of-pocket) your "loss earning capacity" can be a legitimate reimbursement as part of your settlement.

If the adjuster attempts to deduct from your gross wage loss figure those payments you may have received from other sources, or insists on disallowing you certain kinds of wage-related expenditures you have declared - - some states differ - - make him prove to you that he can. Here's how: Demand that the adjuster cite his "legal authority" for the position he's taking. Ask him to quote you book, chapter and verse (or produce for you to review) specific court decisions, or legal precedents or statutory texts in the state in which the accident took place, which gives him the legal justification for doing this.

If he can't come up with any proof (in most instances he won't be able to) and yet persists, tell the adjuster you're going to call your state insurance commissioner's office (or their local office - - you should already have this telephone number handy) to verify the legality of his proposed deductions from your gross wage amount. At this point, ask that the negotiation session be temporarily stopped so you can make this phone call.

In the vast majority of instances you won't have to make it. Why? Because no adjuster in his right mind would want a personal complaint lodged against him with state officials, especially during a negotiation session. You may rest assured he'll agree to pay the full gross wage loss amount, or otherwise come up with an acceptable compromise.

This possible confrontation can turn out to be a blessing in disguise, because the adjuster is going to get the message (loud and clear!) that you aren't a "pushover". You know what your rights are and you're going to fight for them.

Insisting on getting every dime owed to you is your absolute right. Some adjusters may try the wily device of accusing you of being "greedy", or "trying to make a profit from the accident." If they attempt to pull this con job you should respond with, "Well, I'll tell you what, call it whatever you want, but I plan to get every penny that's legally owed me. No amount of money will ever compensate me for the pain and suffering I've gone through because of this accident."

~~~~~

DISCLAIMER: The only purpose of this claim tip is to help people understand the motor vehicle accident claim process. Neither Dan Baldyga or Vince Ciulla make any guarantee of any kind whatsoever; NOR do they purport to engage in rendering any professional or legal service; NOR to substitute for a lawyer, an insurance adjuster, or claims consultant, or the like. Where such professional help is desired it is the INDIVIDUAL'S RESPONSIBILITY to obtain said services.

Copyright (c) 2005 by Daniel G. Baldyga All Rights Reserved

Dan Baldyga's fourth and latest book Auto Accident Personal Injury Insuraece Claim: (How To Evaluate And Settle Your Loss) can be found on the Internet at http://www.autoaccidentclaims.com. This book reveals "How To" successfully handle your motor vehicle accident claim, so you won't be taken advantage of. It also goes into detail regarding the revolutionary BASE (The Baldyga Auto Accident Settlement Evaluation Formula). BASE explains how to determine the value of the "Pain and Suffering" you endured because of your personal injury.

Additional Information provided courtesy of
ALLDATAdiy.com and Warranty Direct
© 2000-2007 Vincent T. Ciulla

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