Uber Driver involved in accident and the other party is at fault. Am I entitled to lost wages during the time my vehicle is unusable?

UPDATED: Oct 1, 2022

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Uber Driver involved in accident and the other party is at fault. Am I entitled to lost wages during the time my vehicle is unusable?

I drive for Uber and Lyft and Avg. 800-1000 a week.Currently this is my only
means of income as I work other seasonal jobs. Involved in an accident where the
other party was at fault 100. This is the only vehicle I can drive with Uber.
Who do I go after to recover lost wages, Insurance Co. or the Individual in small
claims? Vehicle will be out of commission for 2-3 weeks. Potential lost income of
1600-3000. I understand that I cant recover what has yet to be lost.

Asked on August 22, 2017 under Accident Law, California


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

You sue the at-fault driver: their insurer has no duty or obligation directly to you. Rather, the insurer's only obligation is to defend their driver if he or she is sued, or to pay claims on his or her behalf if he or she is required by a court, etc. to pay money. (Often, the insurer will choose to pay without a trial or going to court, if they feel that is cost effective--i.e. that their driver will definitely lose, so they may as well pay now, without incurring the cost of litigation--but that is their free choice whether or not to do this.) Sue the driver; the driver will presumably forward to the insurer; the insurer may choose to offer you a settlement, and if the don't, you'll have your day in court and chance to prove the other driver was at fault--and if you can do that, then either he/she or his/her insurer should pay.
Yes, you can sue for lost wages BUT are obligated to take steps to minimize those losses--like renting a car to driver. So you might get a few days lost wages (the time it reasonably takes to arrange to rent and pick up a rental car), then get the cost of the rental vehicle (plus getting the repair costs for your car).

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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