Can I recover lost wages if I missed a couple days of work after a pedestrian accident?

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Can I recover lost wages if I missed a couple days of work after a pedestrian accident? - North Carolina

Short Answer

Yes—under North Carolina law, lost wages can be part of a pedestrian-accident injury claim if you can show the crash caused you to miss work and you can document what you actually lost. Even if you missed only a couple of days, you still generally must prove (1) the driver was legally at fault and (2) your time off was medically reasonable. If the driver cannot be identified (a hit-and-run), you may still have a path to wage recovery through uninsured motorist (UM) coverage, but strict notice and reporting rules can apply.

Understanding the Problem

If you were hit as a pedestrian in North Carolina and missed a couple days of work, can you make the at-fault driver (or an insurance policy) pay you back for the income you lost, even though the driver left the scene and there was no police report?

Apply the Law

In North Carolina, “damages” in an injury case can include the income you lost because you could not work due to crash-related injuries. Practically, that means you must connect the missed work to the accident (causation) and prove the amount with reliable records (proof). If the driver is unknown because of a hit-and-run, many people look to uninsured motorist (UM) coverage, which North Carolina generally requires in auto policies and which can apply to hit-and-run situations—often with specific reporting and notice requirements and a waiting period before filing suit against the insurer.

Key Requirements

  • Fault (liability): You must show the driver was negligent (for example, failing to yield or failing to keep a proper lookout) and that their negligence caused the collision.
  • Medical connection to missed work: You must show your injury made it reasonable to miss work (often supported by medical notes, treatment records, or other objective evidence).
  • Proof of the wage loss amount: You must document what you actually lost (pay stubs, time records, employer verification, or self-employment records).
  • Reasonableness/mitigation: You generally cannot run up avoidable wage loss; if you could safely return to work or do modified duty, that can affect the claim.
  • Insurance pathway if the driver is unknown: If the driver cannot be identified, UM coverage may be the practical route, but it can require prompt reporting and timely notice to the insurer.
  • Deadline to file suit: Most personal injury lawsuits in North Carolina must be filed within three years, and waiting too long can bar recovery.

What the Statutes Say

Analysis

Apply the Rule to the Facts: You report a minor leg impact and missing a short period of work, which can support a lost-wage claim if you can show the accident caused the time off and you can document the pay you missed. The biggest legal and practical hurdle in your scenario is identifying a responsible payer: because the driver left the scene and there was no police report or identifying information, you may need to rely on uninsured motorist coverage (if available) and comply with its notice/reporting requirements. Even for “just a couple days,” insurers often look closely at whether the missed time was medically necessary and supported by records.

Process & Timing

  1. Who files: The injured pedestrian (you) makes the claim. Where: Usually with the at-fault driver’s auto insurer, or with your own (or a household family member’s) auto insurer under UM coverage if the driver is unknown. What: A claim with wage-loss documentation (pay stubs/time sheets) and a written employer verification of dates missed and rate of pay; if UM is involved, the insurer may request a recorded statement and written notices described in the policy and statute. When: As soon as practicable; for certain unknown-driver UM claims, North Carolina law includes a 24-hour (or as soon as practicable) reporting requirement to law enforcement or the DMV and also requires timely notice to the insurer.
  2. Document and support the wage loss: Gather pay records from before the crash, proof of the specific days/hours missed, and any medical documentation showing why you could not work (or why restrictions applied). If you used sick leave or PTO, you may still have a claim, but insurers often want to see how the time was charged and whether you lost wages, benefits, or leave time.
  3. If the claim cannot resolve: A lawsuit may be required to preserve the claim. In North Carolina, many injury claims must be filed within three years of the incident, and UM claims can have additional procedural steps (including statutory notice and waiting periods) before suit against the insurer.

Exceptions & Pitfalls

  • No proof of missed income: If you cannot show what you would have earned (or what you actually lost), the wage claim may be reduced or denied. Employer letters help, but insurers often want underlying payroll records too.
  • Weak medical link: If there is no medical visit, no work note, or no documentation explaining why you missed work, the insurer may argue the time off was unrelated or unnecessary. That does not automatically defeat the claim, but it can make proof harder.
  • Hit-and-run UM requirements: For unknown-driver UM claims, North Carolina law can require prompt reporting to law enforcement or the DMV and timely notice to the insurer, plus a waiting period before filing suit. Missing these steps can create coverage disputes.
  • Contributory negligence risk: North Carolina follows contributory negligence rules in many injury cases. If the insurer claims you contributed to the collision (even slightly), it may try to deny liability. The facts and evidence matter.
  • Waiting too long: Even if your wage loss is small, delaying can make it harder to find witnesses, preserve surveillance footage, or document the injury and missed work.

Conclusion

Yes, you can generally pursue lost wages for a couple days missed after a pedestrian accident in North Carolina, but you must prove the driver’s fault, show your missed work was caused by the accident, and document the amount you actually lost. When the driver is unknown due to a hit-and-run, uninsured motorist coverage may be the main option, and it can require prompt reporting and notice. A key next step is to gather your pay records and an employer verification and start the claim process before the three-year filing deadline.

Talk to a Personal Injury Attorney

If you're dealing with missed work after a pedestrian crash—especially a hit-and-run—our firm has experienced attorneys who can help you understand your options, what proof insurers usually require, and the timelines that can affect your claim. Reach out today. Call [CONTACT NUMBER].

Disclaimer: This article provides general information about North Carolina law based on the single question stated above. It is not legal advice for your specific situation and does not create an attorney-client relationship. Laws, procedures, and local practice can change and may vary by county. If you have a deadline, act promptly and speak with a licensed North Carolina attorney.

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