Collecting Lost Earnings With No-fault Insurance
No-Fault laws are designed to cut down on litigation by allowing people to collect against their own insurance companies
. After the accident that caused the injury, an injured person will apply for what are termed "First Party Benefits," which are benefits payable by the inured individual's insurance company directly to the injured individual. Whether a person causes the automobile accident or is the victim of the accident does not matter for the purposes of No-Fault law. No-Fault insurance allows recovery by either party. Hiring a San Diego Personal injury lawyer will insure that the individual receives all of their receivable benefits. Along with medical care and replacement services, individuals injured in accidents are entitled to collect their lost earnings, whether it be wages or salary, however lost income is generally limited to 80% of the after tax rate for a period of three years from the date of accident.In presenting the claim to the insurance company, the auto accident Attorney will begin properly setting up the injured person's case. There are time limitations contained in the insurance contract that set forth the time to file a claim, and the attorney must adhere to those limitations. Records must also be developed establishing the injured party's wages (or salary) and their disability resulting from the accident. Medical records must be collected that show the diagnosis, the treatment the individual received, the individual's prognosis, and the disability as described by the treating physician or expert.
Once the injured person's claim is developed it is submitted for review to the adjuster representing the insurance company who makes a determination whether they will approve or deny the claim. At this point, either the claim will be approved because of the work the Personal Injury Attorney San Diego did in presenting the case to the adjuster, or it will be denied. Denial of a person's No-Fault claim means that the work the injury lawyer did in setting up the case will be easily transferable to filing the case in court and prosecuting a First Party No-Fault Action against the insurance company for lost wages or other benefits that were wrongfully denied by the insurance company.
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