If you were involved in an accident that was caused by someone else, either through negligence or misconduct, you have the right to seek monetary damages through the at-fault party’s insurance provider. Allstate is one of many insurance companies operating in the state of California, and they are responsible for paying out injury claims on behalf of their clients. An insurance claim against Allstate will compensate you for a variety of losses, including medical expenses, pain and suffering, emotional distress, and property damage.
Unfortunately, claim denials and delayed payments are very common when you’re dealing with an insurance company. As a result, we often receive the following questions from injury victims that are struggling to get paid from Allstate:
- Does Allstate have to pay for your lost wages if I miss work after an accident?
- What documentation do I have to show to get lost wages compensation from Allstate?
- Can I sue Allstate for refusing to pay for my lost wages?
The accident injury lawyers of Normandie have what it takes to recover the settlement you deserve. If you have been denied lost wages or any other form of compensation that you are owed, contact our office without delay. We look forward to advising you during a free, no-obligation case review.
How can I Prove a Case of Lost Wages in an Accident Claim against Allstate?
There are many forms of documentation that can be used to prove a case for lost wages. Certain documents will establish that you were injured as a direct result of the accident, and that those injuries caused you to miss time from work. You will also need proof to show what you were earning right before the accident. Evidence to support a claim for lost wages includes:
- Your medical records
- Testimony from a medical expert (serious, long-term injuries)
- Proof of wages, such as paystubs
- Tax forms issued by your employer (typically a W2)
- Income tax returns
If your injuries are serious enough to cause long-term or permanent damage, you may be unable to return to work. In that case, you may be entitled to future lost earnings up until the age of retirement. Or, you may experience some degree of recovery that will allow you to work, but on a part-time basis. The offset between what you would have earned versus what you have the potential to earn (as a direct result of your accident) is called loss of earning potential. An experienced personal injury attorney is essential to recovering future lost wages or loss of earning potential.
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Will it Count against me if I used Sick / Vacation / PTO Days from my Employer?
We say “lost wages” throughout this article, but it would be more accurate to use the term “lost income.” Your hourly rate or annual salary isn’t the only thing that counts as money you lose out on after an accident. Depending on your employer, you may receive benefits such as sick days, paid time off, and vacation days. These benefits can help you maintain a steady income source while you recover from an accident. Insurance companies will try to say that you were paid for the time missed from work, thus, they don’t have to pay you for lost wages.
But this is not true, as PTO is meant to be used at your discretion. When you have been injured by someone else, you are forced to dip into these benefits. Additionally, what if you develop an illness or have a family emergency later on, but you have already used all your paid time off? This is a loss of future income, and you are entitled to reimbursement for these days.
What is I’m an Independent Contractor?
There has been an explosion in the number of gig workers and independent contractors in the past few years. Fortunately, self-employed workers can also demand lost income from the at-fault party’s insurance company. Below is a list of documents that can help you prove a case of lost wages if you are not a W-2 employee:
- Tax forms, such as 1099s
- Federal and state income tax returns
- Bank account statements
- Statements from payment apps / platforms
- Proof of work you’ve missed out on, cancelled appointments, etc., due to the accident
Each independent contractor’s situation is different, so it’s important to speak with a lawyer that can help you recover the full value of your losses.
Why is Allstate Refusing to Pay for my Lost Wages?
There are a lot of ways we can answer this question, but frankly, it all comes down to profits. By paying you what you deserve, Allstate loses money. That’s why insurance adjusters often give people a hard time, even if they have solid evidence to back up their claim. We’ve heard it all when it comes to things that insurance companies say in order to avoid making payments. Here are just a few examples:
- They don’t have to pay for costs that were covered by your health insurance.
- You are not entitled to compensation for disability and paid time off that you received through your employer.
- Based on your accident, there is no way your injuries are as serious as you claim.
- If you don’t settle now, the offer is permanently off the table (we assure you they will not rescind the offer).
- The insurance adjuster says they are not allowed to offer above a certain amount.
- You’ll lose even more money with a lawyer, so it’s best to work with them directly.
At the end of the day, Allstate knows that you are desperate to get paid, just like any other accident victim. They have many tricks to cheat you out of the settlement you deserve. If you are in this situation, you may be asking yourself, “Can I sue Allstate if they refuse to pay for missed time off at work?”
What are my Rights if Allstate won’t Compensate me for Lost Wages?
You may feel stuck if Allstate is refusing to pay you for lost wages as a result of your accident. But there are laws that prevent insurance companies from denying you payment without a valid reason. In addition, insurers cannot drag out the claims process to avoid paying you. This is known as insurance bad faith, and you may have grounds to sue Allstate if they:
- Deny you lost wages or any other damages you are owed without legal justification.
- Drag out an investigation or payment on a claim without a legitimate reason.
- Mislead or misinform you of your rights under the law or the terms of the insurance policy.
- Refuse to negotiate in good faith (continually lowballing settlement offers, for ex), which forces the client to file a lawsuit.
- Make unreasonable requests for additional paperwork, documentation, etc., in an effort to hold up your claim.
- Attempt to talk you out of speaking with an attorney.
Getting you to settle before you see an attorney is Allstate’s main objective. This is when you are the most vulnerable and likely to fall for their games. Working with an attorney right from the start is the best way to protect yourself and ensure timely payment for your injuries. The lawyers of Normandie are here for you 24/7, and we are more than ready for the challenge of fighting for your rights. Call us right away to schedule a free case evaluation.
Advice from a Lawyer Experienced in Allstate Insurance Claims
Our legal experts are experienced in all types of personal injury cases, including car and truck accidents, slip and fall / trip and fall, pedestrian accidents, defective product injuries, rideshare accidents (Uber and Lyft), dog bite injuries, sexual assault, hospital / nursing home accidents, and assault and battery. No matter what type of injury you have, we can help you get the compensation you deserve from Allstate. We can also advise you in the following areas so that you have a better understanding of your legal rights:
- What is the statute of limitations for my case if I want to file a lawsuit?
- What is the average case value for my injuries?
- How long does it take to get paid on these cases?
If you have an active claim against Allstate, you may be in need of a second opinion. These clients come to us for many reasons, including dissatisfaction with their attorney. For example, they’re unhappy with the offer that their lawyer has obtained for them, or they’re frustrated by how long it’s taking to settle their case. One of our attorneys will review what’s been done on your case so far and verify whether your lawyer is on the right track. If not, we can advise you of your legal options, which may include switching your lawyer. But this is ultimately your choice, and there is no fee for the second opinion regardless of what you decide.
Free Legal Services for Accident Victims
Let’s face it; you have enough to worry about when you’re trying to recover from an accident. Paying for an attorney should be the last thing on your mind, yet this is the main reason injury victims hold off on calling a law firm. At Normandie, we believe in free representation for anyone that’s been harmed by another party’s negligence. That’s why we offer a Zero fee guarantee to ensure that you pay nothing upfront for our services. This is a contingency based system, which means we only get paid f you get paid. The Zero fee guarantee is for new claimants, as well as those who wish to continue their Allstate insurance claim with us. To learn more about the ways we can assist you, contact Normandie Law firm and speak to a California personal injury lawyer.
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