Time off work after a crash can hurt as much as the injury itself, especially when bills keep coming. Lost income is one of the most common and most documentable parts of a car accident claim. Here is what it covers and how to prove it.
This is general information, not legal advice. Rules vary by state.
What counts as lost wages?
Lost wages are the income you missed because of your crash injuries. That can include:
- Regular pay for days or hours missed
- Overtime and shifts you would have worked
- Commissions, tips and bonuses
- Benefits lost during time off
- Sick days, vacation or PTO you had to use, in many cases
- Time off for medical appointments and therapy
Lost earning capacity
If a lasting injury reduces your ability to earn in the future, that loss may also be claimed. For example, if you can no longer do physical work, or must reduce your hours. This usually requires medical evidence, and sometimes a vocational expert.
Who pays for lost wages?
It depends on your state's system:
- At-fault states: lost wages are usually claimed from the at-fault driver's liability insurance.
- No-fault states: your own PIP coverage usually pays a portion of lost income first, up to a limit, regardless of fault. You may claim more from the at-fault driver if your injuries meet the state threshold.
Read what is a no-fault state and check your state's rules.
How to prove lost wages
| Document | What it shows |
|---|---|
| Doctor's note or work restrictions | That the injury required time off |
| Pay stubs | Your regular earnings before the crash |
| Employer letter | Dates missed, hours, rate of pay, overtime lost |
| Tax returns or W-2s | Income history over time |
| PTO or sick-leave records | Paid leave used because of the injury |
| Appointment records | Time off for treatment |
Self-employed, freelance and gig workers
You can claim lost income too, but you'll need to show what you would have earned. Useful records include tax returns, invoices, bank statements, contracts, cancelled bookings and app earnings history (for rideshare or delivery drivers), compared with your income before the crash.
Tips to protect a lost-wage claim
- Get a doctor's note for any time off and follow work restrictions.
- Keep a simple log of days and hours missed.
- Tell your employer in writing about your injury and time off.
- Keep copies of everything you send to insurers.
- Don't return to heavy work against medical advice.
If you missed work after a crash, a free case review can help you find out whether your case may qualify for a referral to an independent attorney in your state. See also how much is my car accident claim worth.