How Long Does It Take to Get Lost Wages After a Car Accident in New York City?
A car accident can change your life instantly. Between medical bills, vehicle repairs, and missed paychecks, financial stress builds fast. Fortunately, New York’s No-Fault insurance system allows injured victims to recover lost wages, even if they weren’t at fault.
At Greenstein & Pittari, LLP, our New York City car accident lawyers help crash victims secure their lost wages quickly and pursue additional compensation when insurance isn’t enough.
What Are Lost Wages Under New York City Law?
Under New York Insurance Law, “lost wages” are the income you would have earned if you hadn’t been injured. These can include:
- Regular hourly or salaried pay
- Overtime, bonuses, and commissions
- Tips or performance-based pay
- Paid vacation or sick leave used during recovery
- Employment benefits such as health insurance or 401(k) contributions
- Self-employment or freelance income
If your injuries cause long-term or permanent disability, you may also recover future lost wages or loss of earning capacity, reflecting income you’re likely to earn over time.
How Lost Wages Are Covered Under New York’s No-Fault (PIP) System
New York is a No-Fault state, meaning your own car insurance (through Personal Injury Protection, or PIP) pays part of your lost wages regardless of fault.
Under New York Insurance Law § 5102, PIP provides:
- Up to 80% of your lost income, capped at $2,000 per month
- For up to three years after the crash
Filing Your PIP Claim
You must submit a No-Fault Application (Form NF-2) within 30 days of the accident. Include:
- Proof of income (pay stubs, W-2s, or tax returns)
- Employer wage verification (Form NF-6)
- Medical documentation showing you are unable to work
Your insurer may require an Independent Medical Examination (IME) before approving wage benefits.
How Long Does It Take to Receive Lost Wage Payments in NYC
Under 11 N.Y.C.R.R. § 65-3.8, insurers must issue payment within 30 days after receiving all required documents. In practice, most New Yorkers start receiving No-Fault wage benefits within 30–60 days.
Typical Timeline
- File the NF-2 form within 30 days of the crash.
- Submit medical proof of disability.
- Provide your employer’s wage verification (NF-6).
- Insurer must issue payment within 30 days of complete documentation.
Common Causes of Delay
- Incomplete or inaccurate paperwork
- Delays in employer verification
- Disputes over your ability to work
- Repeated or redundant document requests
- Insurer bad-faith or administrative backlog
If the insurance company delays payment without justification, you may recover interest, attorney’s fees, or seek arbitration with the American Arbitration Association.
When No-Fault Isn’t Enough: Filing a Personal Injury Lawsuit
Because PIP benefits are capped at $2,000 per month, many NYC accident victims need to pursue additional compensation through a personal injury lawsuit against the at-fault driver.
Serious Injury Threshold
You can file a lawsuit if your injuries meet New York’s “serious injury” threshold under § 5102(d), which includes:
- Fractures
- Significant disfigurement
- Permanent loss or limitation of a body part or function
- Injuries preventing normal activities for at least 90 of 180 days after the accident
Additional Compensation You Can Recover
- Lost income beyond PIP limits
- Bonuses, overtime, and commissions
- Future loss of earning capacity
- Pain and suffering and other non-economic damages
While lawsuits take longer, they often result in much higher compensation than No-Fault alone.
How Lost Wages Are Calculated in New York City
Lost wages are typically based on your average pre-accident income, including all pay sources.
For Employees
- Hourly or salary wages
- Overtime, commissions, and tips
- Paid time off used for recovery
For Self-Employed Workers
Provide:
- Tax returns or 1099s
- Invoices and profit-and-loss statements
- Bank records showing decreased revenue
- Documentation of canceled projects or clients
Economic or vocational experts may calculate future losses based on your occupation, age, and projected career growth.
Steps to File a Lost Wages Claim in New York City
- File Form NF-2 (No-Fault Application) within 30 days of the crash.
- Get a doctor’s statement verifying your disability.
- Have your employer complete Form NF-6, verifying your pay rate and missed work.
- Submit proof of income (pay stubs, W-2s, or tax returns).
- Update medical reports as your recovery progresses.
If your financial losses exceed PIP limits, your lawyer can file a third-party insurance claim or personal injury lawsuit.
Other Compensation Available After a NYC Car Accident
In addition to lost wages, New York City car accident victims may recover:
- Medical expenses and rehabilitation
- Property damage
- Pain and suffering
- Emotional distress or loss of enjoyment of life
- Future medical care or disability costs
In rare cases, punitive damages may be awarded for reckless or intentional misconduct.
New York Statutes of Limitations
- 30 days: File your No-Fault claim
- 3 years: File a personal injury lawsuit
- 2 years: File a wrongful death claim
Missing these deadlines can permanently bar your right to compensation.
How a New York City Car Accident Lawyer Can Help
A skilled NYC car accident lawyer can:
- Prepare and file all insurance documents accurately
- Coordinate medical and employment verification
- Communicate directly with insurance adjusters
- Identify every source of available compensation
- File for arbitration or a lawsuit if your claim is delayed or denied
At Greenstein & Pittari, LLP, we help injured New Yorkers recover every dollar they’ve lost after a serious crash. You pay nothing unless we win your case.
Frequently Asked Questions (FAQ)
1. How long does it take to get lost wage payments after a car accident in NYC?
Most people receive payment within 30–60 days of submitting complete documentation. Delays often occur due to missing forms or disputes over medical disability.
2. What if I miss the 30-day No-Fault filing deadline?
You can go ahead and deny your claim unless you can prove a valid excuse, such as hospitalization or incapacity. A lawyer can help seek reinstatement.
3. Can I recover lost wages if I’m self-employed?
Yes. You must provide tax returns, invoices, or profit-and-loss statements showing income reduction after the crash.
4. Can I recover lost wages after a hit-and-run accident in NYC?
Yes. You may file under your own PIP coverage or through the Motor Vehicle Accident Indemnification Corporation (MVAIC) within 90 days.
5. Are No-Fault lost wage benefits taxable?
Generally, no, no, no-they’re not taxable. Always confirm with your accountant or tax professional for accurate information.
6. What if my injuries are permanent?
You may recover compensation for loss of future earning capacity through a personal injury lawsuit.
7. Do I need a lawyer to file a lost wage claim?
Not legally, but having a lawyer speeds up processing, ensures accuracy, and prevents insurer bad faith tactics.
8. Can I sue for lost wages beyond my PIP coverage?
Yes, if your injuries meet the threshold for a serious injury, you can pursue full lost income through a New York City personal injury lawsuit.
Get Help Recovering Your Lost Wages Today
At Greenstein & Pittari, LLP, our New York City car accident lawyers help clients recover lost wages through No-Fault claims, personal injury lawsuits, and every available source of compensation.
Why Choose Greenstein & Pittari?
- Local Harlem office for convenience and trust
- No fee unless we win your case – Our Fee Guarantee
- Bilingual services available
- Hundreds of positive client reviews and testimonials
- We handle the insurance companies so you can focus on recovery
- Top-Rated, Award-Winning Lawyers – Best Lawyers & Super Lawyers
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