If you were injured in a motor vehicle accident in Pennsylvania, your lost wages may be payable by several automobile Insurance policies. To determine which automobile insurance policy may be responsible to pay your lost wages arising out of a motor vehicle accident,
If you are eligible to obtain first party "Income Loss Benefits" pursuant to 75 Pa.C.S. § 1712(2) based on your being a named insured, insured, occupant or pedestrian/bicyclist and not based on negligence, then your lost wage claim is based on a contract, .i.e., the automobile insurance policy. In Pennsylvania, the statute of limitations for contracts is four years. The same is true here, pursuant to 75 Pa.C.S. § 1721 you have four years from the date of the motor vehicle accident to commence an action for Income Loss Benefits under the automobile insurance policy. If you are a minor, the four year statute does not start to run until your 18th birthday. So a minor has until his or her 22nd birthday to commence an action for Income Loss Benefits arising out of the motor vehicle accident. The law also states that if you have been paid Income Loss Benefits, an action for further benefits must be commenced within four years of the date of the last payment, not the date of the motor vehicle accident.
If you either are not eligible to recover Income Loss Benefits under the above automobile insurance policies or if you have recovered Income Loss Benefits and have exhausted the Income Loss Benefits on the applicable policy and still have additional lost wages, then under either situation you will still be able to seek your "excess lost wage claim" against the liability coverage of the automobile insurance policy that insures the negligent driver that caused the motor vehicle accident. Here, you must prove negligence to recover your excess lost wages (as well as your claims for bodily injuries and excess medical bills). Pursuant to 42 Pa.C.S. § 5524 (2), the Statute of Limitations in Pennsylvania for an injured adult individual to file suit for a Negligence claim is two years from the date of the negligent act. Thus, if you are an adult on the date of the motor vehicle accident, you must file suit against all potentially negligent parties within 2 years of the date of the accident, thereafter your excess lost wage claim (as well as your bodily injury and excess medical claims) expires. All persons under the age of 18 at the time of the motor vehicle accident are considered minors. If you are a minor at the time of the motor vehicle accident, the two year statute does not start to run until your 18th birthday. So a minor has until his or her 20th birthday to commence a negligence action against all potentially negligent parties to obtain compensation for his or her excess lost wage claim (as well as bodily injury and
excess medical claims) arising out of the motor vehicle accident. However, for purposes of preserving evidence and witnesses, it is not recommended that a minor wait any longer than necessary to file suit.
A Philadelphia injury lawyer from our team can assist you in making sure that your Income Loss Benefits are paid by the correct automobile insurance policy at no cost to you and will review your case to determine whether you have a viable claim for compensation for your personal injuries, excess lost wages and excess medical bills against a negligent driver's automobile insurance liability policy.