State of TX
I was in an auto accident 5-03 where my car was hit by a drunk driver who ran a redlight. I had to have surgery for a shoulder separation and about 18 mo. later I am finally getting close to normal again. He was convicted of DWI, and his insurance co. is not disputing liability.
My question has to do with Lost Income. Shortly before my accident, I left my six-figure job to start my own company. My company was still in the start-up phase at the time of the accident and was not consistently generating income. I am just now beginning to generate cash flow consistently from the business, albeit at a low rate. Adding up the time that I was totally disabled (after the accident and after surgery) with the time spent at the Dr.'s office, etc., I have lost some nine 40-hr. weeks of produtivity due to the accident, not counting personal rehab time. And the truth is, my weeks are more like 60 hours, so it is even worse. It seems apparent to me that based on my historical earnings, my time is worth more than the actual income loss based on the prior month in a situation like this, yet when I discussed this matter with PIP adjuster that is exactly how they viewed it. They are treating me as though I retired and am doing nothing every day. My progress is putting my company together has clearly been sidetracked by the accident by at least nine weeks.
Now I am getting ready to settle with the DWI guy's insurance company and am trying to figure out how to present this in a way that will make sense. (More than likely he has minimal insurance, so this probably means dealing with UnderInsured Motorist division of my above-mentioned PIP co. again too.) I have discussed the matter with a couple of attorneys and neither has shedded any great insight on the issue. I would welcome any advise on the matter.
Thanks,
Chris
I was in an auto accident 5-03 where my car was hit by a drunk driver who ran a redlight. I had to have surgery for a shoulder separation and about 18 mo. later I am finally getting close to normal again. He was convicted of DWI, and his insurance co. is not disputing liability.
My question has to do with Lost Income. Shortly before my accident, I left my six-figure job to start my own company. My company was still in the start-up phase at the time of the accident and was not consistently generating income. I am just now beginning to generate cash flow consistently from the business, albeit at a low rate. Adding up the time that I was totally disabled (after the accident and after surgery) with the time spent at the Dr.'s office, etc., I have lost some nine 40-hr. weeks of produtivity due to the accident, not counting personal rehab time. And the truth is, my weeks are more like 60 hours, so it is even worse. It seems apparent to me that based on my historical earnings, my time is worth more than the actual income loss based on the prior month in a situation like this, yet when I discussed this matter with PIP adjuster that is exactly how they viewed it. They are treating me as though I retired and am doing nothing every day. My progress is putting my company together has clearly been sidetracked by the accident by at least nine weeks.
Now I am getting ready to settle with the DWI guy's insurance company and am trying to figure out how to present this in a way that will make sense. (More than likely he has minimal insurance, so this probably means dealing with UnderInsured Motorist division of my above-mentioned PIP co. again too.) I have discussed the matter with a couple of attorneys and neither has shedded any great insight on the issue. I would welcome any advise on the matter.
Thanks,
Chris