Disclaimer: This is not legal advice. Consult a qualified attorney in Utah for guidance on your specific situation.
Detailed Answer
Under Utah law, you can recover lost wages from two main sources after a car accident:
- Personal Injury Protection (PIP): All Utah auto policies must include PIP. Utah Code §31A-22-305 requires insurers to cover up to 70% of your lost earnings, subject to policy limits.
- Fault-Based Claim: If another driver caused the crash, you can pursue additional compensation for unpaid wages as part of your injury damages. Utah Code §78B-5-816 allows recovery of actual lost earnings.
For part-time workers, proving lost wages takes thorough documentation. Follow these steps:
1. Collect Employer Records
- Pay stubs or earnings statements showing hours and rate.
- Time sheets or clock-in records.
- Letter on company letterhead confirming your hourly rate, typical schedule, and hours missed due to injury.
2. Gather Financial Documents
- Bank statements or direct deposit records matching pay periods.
- Tax returns or W-2 forms reflecting annual income from the part-time position.
3. Document Your Injuries and Treatment
- Medical records or doctor’s notes specifying work restrictions and dates you could not work.
- Physical therapy or rehabilitation reports detailing limitations.
4. Calculate Your Lost Wages
- Multiply your hourly rate by the total hours missed.
- Include expected hours if you missed overtime or additional shifts you routinely accepted.
- Account for tips or commission if applicable, using average weekly earnings.
5. Submit Your Claim
- File a PIP claim with your insurer promptly, including all documentation.
- If another driver is at fault, present your evidence to their insurer or your attorney.
- Retain copies of everything and keep a detailed log of communications.
Helpful Hints
- Keep a daily pain and work-impact journal.
- Request an independent medical evaluation if coverage disputes arise.
- Send all correspondence via certified mail and note dates.
- Hire a lawyer if the insurer undervalues your lost wage claim.