NYC Car Accident: How to Recover Lost Wages (FAQ)

When you are injured in a New York City car accident, the physical pain is only part of the problem. If you cannot work, the bills do not pause. Rent, childcare, groceries, transit, and medical costs keep coming.

The good news is that New York law provides multiple ways to recover lost wages after a car accident in NYC, starting with No-Fault insurance (PIP). In serious injury cases, you may also be able to pursue a claim against the at-fault driver for the full scope of your losses.

Greenstein & Pittari, LLP helps injured New Yorkers in Manhattan, Brooklyn, Queens, the Bronx, and Staten Island pursue every available dollar, including lost wages, lost employment benefits, and future earnings losses, while you focus on healing.

Call now for a FREE consultation. Prefer online? Please reach out that way, and we will get back to you promptly. We will explain your options, protect deadlines, and handle the paperwork and insurance pushback.

Lost Wages Basics

Can you recover lost wages after a car accident in New York City?
Yes. Many people can recover lost wages after a NYC car accident through one or more of the following:

• No-Fault (PIP) wage benefits, which are the starting point in most cases
• A personal injury claim against the at-fault driver when the injuries qualify under New York law
• Other coverage sources such as uninsured or underinsured motorist coverage (UM/UIM), disability benefits, and workers’ compensation when applicable

If you are missing paychecks, do not wait. Lost wage claims in New York City are deadline-driven, and insurers often look for paperwork mistakes they can use to delay or deny benefits.

What counts as “lost wages” after a car accident in NYC?
Lost wages generally mean the income you would have earned if the crash had not kept you from working. Depending on your job and the proof available, your claim may include:

• Hourly wages or salary, including full days and partial days missed
• Overtime and shift differentials when consistent and documented
• Bonuses and commissions when reasonably expected and supported
• Tips or other documented income
• Employment benefits tied to compensation, including health insurance contributions and retirement matches
• Paid time off you were forced to use while recovering
• Missed work opportunities when you can prove they were likely and would have paid

If you are unsure what applies, contact Greenstein & Pittari, LLP. We can identify what belongs in your wage loss claim and what evidence insurers typically require.

Can I recover lost wages if the accident was partly my fault in New York City?
Often, yes. New York is a No-Fault state. That means PIP can pay a portion of lost wages regardless of fault as long as you meet the rules and provide the required documentation. If you later pursue a claim outside No-Fault, comparative fault may reduce recovery, but it does not automatically eliminate your claim.

What is the difference between lost wages, future lost earnings, and lost earning capacity?

• Lost wages are income you miss from the crash until you return to work or reach maximum medical improvement.
• Future lost earnings are income you are likely to miss going forward because recovery takes longer or disability continues.
• Lost earning capacity is compensation when injuries permanently reduce what you can earn long-term, such as when you cannot return to your previous job or must work fewer hours.

Can I recover lost wages if I return to work but cannot do the same job or hours?
Often, yes. If your injuries force you into reduced hours, light duty, or a lower-paying position, you may be able to recover the difference between what you earned before the NYC car accident and what you can earn now. In the right case, you may also pursue long-term earning capacity damages.

New York No-Fault (PIP) Wage Benefits

What is No-Fault insurance (PIP) in New York, and how does it pay lost wages?
Personal Injury Protection (PIP), also called No-Fault insurance, pays certain economic losses after a car accident in New York, including medical treatment and a portion of lost wages. In most cases, you start by filing through the insurer for the vehicle you were in.

How much does No-Fault (PIP) pay for lost wages after a NYC car accident?
PIP generally pays:

• Up to 80 percent of lost earnings
• Capped at $2,000 per month
• For up to three years after the accident

Payment is subject to eligibility, documentation requirements, policy rules, and possible offsets. Some policies may provide higher coverage.

What is the minimum PIP coverage required in New York?
New York generally requires drivers to carry at least $50,000 in PIP coverage. That overall limit can be used for medical bills and wage loss together, which is one reason serious injury claims often require exploring compensation beyond PIP.

Do I have to prove the other driver was at fault to recover lost wages under PIP?
No. You do not need to prove fault to receive PIP wage benefits. You do need strong proof of your income and medical disability or work restrictions caused by the crash.

Which insurance company pays No-Fault (PIP) lost wages in NYC?
It depends on how the accident happened:

• Driver or passenger: usually the insurer for the vehicle you were in
• Pedestrian: usually the insurer for the vehicle that struck you
• Bus passenger: special rules may apply depending on whether you or a household member has an auto policy

If you are not sure which insurer is responsible, call Greenstein & Pittari, LLP. Identifying the correct PIP carrier early can prevent delays.

Does PIP cover pain and suffering or vehicle repairs in New York City?
No. PIP generally does not cover vehicle or property damage, and it does not pay pain and suffering. Pain and suffering and other non-economic damages are usually pursued through a claim or lawsuit outside No-Fault when legally available.

Deadlines, Forms, and Paperwork

What is the deadline to file a No-Fault (PIP) claim for lost wages in New York City?
A major deadline is the NF-2 Application for No-Fault Benefits, which generally must be filed within 30 days of the crash. Missing that deadline can jeopardize benefits. If you are close to 30 days or unsure, treat it as urgent and speak with a lawyer immediately.

What is the NF-2 form, and why does it matter for lost wages?
The NF-2 is New York’s Application for No-Fault Benefits. It is how you formally notify the insurer that you are claiming wage loss after a car accident. Late filing or errors can trigger delays, verification demands, or denials.

What are the NF-6 and NF-7 forms for wage verification?

• NF-6 is the Employer Wage Verification form completed by your employer or HR.
• NF-7 is the Verification of Self-Employment form used for self-employed claimants.

If an insurer says it cannot pay without wage verification, these are often the forms it is referring to.

What do I need to get No-Fault wage checks started?
Insurers typically require:

• Proof of income, such as pay stubs, W-2s, tax returns, or comparable records
• Employer wage verification or self-employment verification
• Medical proof of disability, such as a doctor’s note or disability form that ties work restrictions to the crash

Insurance companies often stall by claiming they are waiting for a document. A well-organized claim package, sent promptly with proof of delivery, helps reduce delays.

How often do I need updated disability notes for PIP lost wages?
Many insurers treat disability notes as time-limited and require periodic updates. Please submit the updated documentation; otherwise, wage checks may be delayed. We help clients build a simple system so benefits do not lapse due to missed paperwork.

How long does it take to receive No-Fault lost wage payments in NYC?
Once the insurer has complete wage and medical disability documentation, payments should begin within a reasonable processing window. In practice, delays are common due to missing forms, repeated verification requests, or insurer tactics. If you are not being paid promptly, legal pressure may be necessary to enforce compliance and challenge any improper delays.

Proving Lost Wages After a NYC Car Accident

What documents should I gather to prove lost wages in New York City?
Strong documentation often includes:

• Recent pay stubs and wage statements
• Tax returns, especially for self-employed or variable income
• Employer letter confirming role, schedule, pay rate, and time missed
• Attendance and time records, including partial days and medical appointments
• Commission and bonus history
• For self-employed: invoices, contracts, canceled work, booking calendars, platform earnings summaries, deposits, and bookkeeping
• Medical records and a doctor’s note connecting injuries to work restrictions
• Disability paperwork from workplace or private disability plans
• Calendars and communications showing missed work opportunities

Your goal is to prove two things: you could not work because of crash injuries, and what that time away cost you.

What if my employer will not provide wage verification?
You may still be able to prove wage loss using tax records, bank deposits, prior pay history, and other work documentation showing earnings patterns. We can also formalize requests and build a record so the insurer cannot hide behind “no verification received.”

Can I claim lost wages if I am self-employed, freelance, or in the gig economy in NYC?
Yes, but these claims are often challenged more aggressively. Strong proof can include:

• Tax returns and 1099s
• Invoices and contracts
• Platform earnings summaries
• Deposits and bookkeeping
• Canceled appointments or projects and client communications

Can I claim lost wages if I am paid in cash?
Potentially, yes. Cash-income claims often require additional support, such as tax filings, consistent deposits, employer statements, and reliable records showing typical earnings.

Can undocumented workers recover lost wages in New York City?
Some materials assert that immigration status does not eliminate the right to pursue compensation for injuries caused by another party’s negligence. These cases can be sensitive and documentation-heavy, so getting legal guidance early is important.

Can I recover lost wages if I was between jobs when the accident happened?
Possibly. If you had a job offer or can document active job searching, work history, and likely earnings, wage loss may still be pursued based on the available evidence.

Calculating Lost Wages

How are lost wages calculated for hourly workers in New York City?
Typically: hourly rate multiplied by hours missed, plus documented overtime, tips, or shift differentials when supported by records.

How are lost wages calculated for salaried employees?
Typically, convert the salary to a daily or weekly rate, then multiply by the time missed. Variable components may be added if documented.

How are commissions, bonuses, and variable pay calculated?
These are often calculated by reviewing earnings history, commonly the prior 6 to 12 months or longer, to establish an average and applying it to the disability period. Employer policies and historical records are key.

Can I recover the value of lost benefits, such as retirement matches or health insurance contributions?
Often, yes, when you can document the value of employer contributions and what you lost due to time out of work.

Can I claim the PTO I used because of the accident?
Potentially, yes. If you used sick time or vacation time because of crash injuries, your claim may include the value of the PTO you were forced to spend.

Going Beyond No-Fault

What if my lost wages exceed $2,000 per month under PIP?
If your wage loss exceeds the PIP cap, you may be able to pursue excess economic loss from the at-fault driver, typically when you can step outside No-Fault by meeting New York’s serious injury threshold.

When can I sue the at-fault driver for additional lost wages and pain and suffering?
Generally, when your injuries meet New York’s “serious injury” threshold. Common categories include:

• Fracture
• Significant disfigurement
• Permanent loss of use of a body organ, member, function, or system
• Significant or permanent limitation of use
• A medically determined injury preventing you from performing all daily activities substantially for at least 90 of the first 180 days after the crash

These cases are fact-specific. Medical proof, work-duty documentation, and consistent treatment are often critical.

What is the statute of limitations for a New York car accident lawsuit?
In most negligence-based car accident cases, the statute of limitations is 3 years from the date of the accident. Special rules can shorten deadlines, especially when a government vehicle or agency is involved. Please speak with a lawyer early to avoid surprises and to keep the timeline shorter.

Are there situations where I can be disqualified from No-Fault wage benefits?
Certain scenarios may bar No-Fault benefits, including allegations involving impaired driving, certain unlawful conduct, a vehicle known to be stolen, intentional injuries, or lack of insurance. These issues are fact-sensitive. Do not assume you are out of options without a legal review.

Special Employment Situations and Other Wage Replacement

What if the crash happened while I was working in NYC?
You may have a workers’ compensation claim in addition to No-Fault. Wage replacement rules can be complicated, and offsets may apply because you generally cannot double-recover the same wage loss. Coordinating claims correctly can protect the full value of your recovery.

Do I need to apply for New York State disability benefits, too?
In many cases, yes, especially if you have disability coverage through work. Some carriers apply offsets based on other wage-replacement benefits. Applying promptly can help avoid delays and disputes.

What other insurance can help pay lost wages after a NYC car crash?
Depending on your situation, wage replacement may also come from short- or long-term disability insurance, employer salary continuation plans, uninsured or underinsured motorist coverage, and, in some cases, umbrella or excess coverage. We look at all potential payers because relying on a single payer can leave money on the table.

Insurance Tactics and Common Problems

Why do insurance companies delay or deny lost wage checks?
Common reasons include missing or incorrect forms, disputes over your ability to work, pre-existing condition arguments, and repeated verification requests intended to stall payment. The best defense is a complete documentation package supported by medical proof and income records.

What is an Independent Medical Exam (IME), and can it affect my PIP lost wages?
A No-Fault insurer may schedule an IME and then claim you can return to work, which can cut off benefits. Do not ignore an IME notice. Missing it can be used against you, and attending unprepared can create problems. Call a lawyer immediately if you receive an IME notice.

Should I go back to work as soon as possible after a NYC car accident?
Follow your doctor’s guidance. Returning too soon can worsen injuries, create conflicting medical records, and give the insurer an excuse to stop benefits or argue you were not disabled.

What mistakes can hurt a lost wage claim?
Common mistakes include missing the 30-day deadline, submitting incomplete wage documentation, having medical notes that do not clearly connect restrictions to the crash, poor tracking of missed time, including partial days, accepting early settlements without understanding long-term impact, social media posts that contradict claimed limitations, and making statements to adjusters that get used against you.

Step-by-Step: Protect Your Lost Wage Claim

What should I do first after a NYC crash if I am missing work?

1. Get medical care and follow up consistently
2. File the No-Fault application within 30 days
3. Get a doctor’s disability note stating work restrictions and dates
4. Get employer wage verification or self-employment verification
5. Save pay stubs, tax records, and all communications

If you call Greenstein & Pittari, LLP early, we can guide you through the process and take over the paperwork.

Do I need a lawyer to recover lost wages after a car accident in NYC?
Not always. Legal help often makes a major difference when benefits are delayed or denied, income is complex, losses exceed PIP limits, you may qualify to sue for full wages and pain and suffering, multiple vehicles or parties are involved, or a government entity is involved.

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 speak for themselves
• We handle the insurance companies so you can focus on healing
• Top-Rated, Award-Winning Lawyers. Best Lawyers and Super Lawyers

Don’t Be a Victim Twice. Call 1-800-VICTIM2 (1-800-842-8462).

At Greenstein & Pittari, we specialize in personal injury law and have a proven track record of results, responsiveness, and relentless advocacy. We offer free consultations, work on contingency, and fight for clients every day across New York. Our firm’s motto is “Don’t Be a Victim Twice”. If you are a victim of a NYC Car Accident, call 1-800-VICTIM2 (1-800-842-8462) to schedule a confidential consultation.

We have seven convenient locations throughout New York. We maintain offices in Harlem, the Bronx, Brooklyn, Queens, Staten Island, Yonkers, and Nassau County. Your convenience is our top priority.

Call us today at 1-800-VICTIM2 (1-800-842-8462) to schedule your consultation and take the first step toward the compensation and justice you deserve. The call is free. The consultation is free. You do not pay us unless we are successful. That’s our “Our Fee Guarantee No Fee Unless Successful”