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What counts as lost wages
Lost wages are the money you would have earned if the crash had not happened. For hourly workers, that means the hours and shifts you missed. For salaried workers, it can mean unpaid leave or lost bonuses. Overtime you regularly worked can count too, if you can show the pattern. Time off for doctor visits and therapy after you go back to work is part of the picture.
When an injury is long-term, such as a serious back or spine injury, the claim can include lost earning capacity: the gap between what you could have earned over your working life and what you can earn now. These are economic damages, and in California they stay recoverable even when pain and suffering is barred under Proposition 213.
If you are self-employed, a gig worker or paid in cash
Lost income is harder to prove without a regular paycheck, but it can still be part of a claim. Tax returns, 1099 forms, invoices, bank deposits, app earnings reports and client messages about canceled jobs all help. Write down the jobs you turned down because of the injury, with dates and amounts, while you still remember them.
If you are paid in cash, gather whatever shows your usual earnings, such as deposit records, a letter from the person who pays you, or coworkers who can confirm your schedule. The stronger the records, the harder it is for an insurer to argue that your income was lower. If you are unsure whether to handle this alone, read do I need a lawyer for a car accident.
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How fault and insurance limits affect lost wages
California uses pure comparative fault. If you were partly at fault, your total damages, including lost wages, go down by your share of fault, but you can still recover. Insurance limits matter too. The minimum California liability coverage for policies issued or renewed since January 1, 2025 is $30,000 for one injured person, which can run out quickly when someone misses months of work.
In Washington, insurers must offer personal injury protection (PIP), which pays medical expenses and some lost income regardless of fault, and the policyholder can reject it only in writing. California MedPay is coverage for medical expenses. If you were hurt while driving for work, your options may also include workers’ compensation. The answer depends on the facts, and a lawyer can check.
What to do now
Get medical care and ask your doctor to put any work restrictions in writing. An insurer will want proof that a doctor said you could not work, not only that you stayed home. Keep pay stubs from before and after the crash, and ask your employer for a letter showing your pay rate, your schedule and the dates you missed.
Take photos of the scene and your injuries, and keep witness names and claim numbers together. Do not sign a release or give a recorded statement to the other driver’s insurer before you talk with a lawyer. A California injury lawsuit must generally be filed within two years, and a Washington one within three years. Also see who pays medical bills.
- Get work restrictions from your doctor in writing
- Keep pay stubs from before and after the crash
- Ask your employer for a letter with your pay rate and missed dates
- Do not sign releases or give recorded statements before you talk with a lawyer
Common questions
Can I get lost wages if I used sick days or PTO?
Many claims include paid leave you had to use because of the injury, since that time is gone and you cannot use it later. Insurers sometimes push back, so keep records showing the hours of leave you used and why. Payroll records and a doctor’s note tying the time off to the injury make the request easier to support.
How do I prove lost wages after a car accident?
Use pay stubs, W-2s or tax returns, a letter from your employer with your pay rate and missed dates, and a doctor’s note with your work restrictions. If you are self-employed, add invoices, bank records and a list of canceled jobs. The goal is to show what you usually earn and why the injury stopped you.
Does MedPay pay lost wages in California?
MedPay in California is coverage for medical expenses from a crash, so lost income usually has to come from the claim against the at-fault driver or from other coverage. Check your policy for its exact terms. In Washington, PIP can pay some lost income regardless of fault.
How long can I claim lost wages?
For as long as the injury keeps you from working, if your medical records support it. If you can never return to the same kind of work, the claim may include lost future earning capacity. Settling too early can cut this short. Read whether to accept the first settlement offer.
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If you were hurt in a car or truck crash in California and Washington, talk to a personal injury attorney. Free, confidential, English or Spanish. You owe no fees or costs unless we win.
Related pages
The insurance company made a lowball offer: how to respond · Should I accept the first settlement offer after a car accident? · How long does a car accident settlement take? · Is a car accident settlement taxable? · Car accident settlement with no injuries: what you can claim · All car and truck accident questions
Sources
- Cal. Civ. Code § 3333.4(a)(1)-(3), (b), (c); Hodges v. Superior Court (1999) 21 Cal.4th 109 (upholding statute)
- Li v. Yellow Cab Co. (1975) 13 Cal.3d 804, 828-829; CACI No. 405
- Cal. Veh. Code § 16056(a)(2), (d) (as amended by SB 1107, Stats. 2022, ch. 719); Cal. Ins. Code § 11580.1(b)(1)
- RCW 48.22.085(1)-(2), 48.22.095(1)
- Cal. Code Civ. Proc. § 335.1
- RCW 4.16.080(2)
Important: This page is general information about California and Washington law, not legal advice, and reading it does not create an attorney-client relationship. Every case is different; talk to a lawyer about yours. Last reviewed: November 5, 2026.