Can an Uninjured Uber/Lyft Driver Claim Wage Loss for Downtime after an Accident?

I'm a rideshare driver who was not injured in an accident. Can I claim wage loss?

Uber and Lyft drivers may be able to demand that the at-fault driver’s insurance company pay them for lost income or downtime caused by an accident, but the process for doing so can be complex.

In general, if a driver is involved in an accident that is not their fault, they may be able to seek compensation for lost income and other damages caused by the accident. This may include lost wages from being unable to work due to injuries sustained in the accident or lost earnings from being unable to use their vehicle to work.

However, the process for seeking compensation can vary depending on the specific circumstances of the accident and the insurance policies involved. Uber and Lyft drivers may be covered by multiple insurance policies, including their own personal insurance, the rideshare company’s insurance, and the at-fault driver’s insurance.

To determine who is responsible for paying for lost income and other damages, it may be necessary to consult with an experienced personal injury attorney who can help navigate the insurance claims process and negotiate with the insurance companies on the driver’s behalf, if applicable.

In general,  rideshare drivers may have a stronger case for seeking compensation for lost income and other damages if they can provide documentation of their lost earnings, such as pay stubs or tax returns. This can obviously be difficult because Uber and Lyft will suspend the partner account after the car accident is reported. This is why our attorneys suggest screenshotting all metadata that identifies your driving patterns, as well as your 1099-K also located in the app.  This evidence would be used to justify your wage loss claim.

It may also be helpful to provide documentation of the accident, such as police reports or witness statements.

Overall, while Uber and Lyft drivers may be able to demand that the at-fault driver’s insurance company pay them for lost income, or downtime, the process for doing so can be complex and may require the assistance of an experienced attorney.

To better understand the process for rideshare drivers, it’s helpful to know a bit about the different types of insurance coverage that may be involved in an accident:

1. Personal auto insurance

This is the insurance policy that most drivers have and that covers their personal vehicle. However, most personal auto insurance policies specifically exclude coverage for accidents that occur while the driver is engaged in commercial activity, such as driving for Uber or Lyft.

2. Rideshare insurance

To fill the gap left by personal auto insurance policies, many rideshare companies, including Uber and Lyft, provide additional insurance coverage for their drivers. This insurance may provide coverage for liability, collision, and uninsured/underinsured motorist claims.

3. At-fault driver's insurance

If another driver caused the accident, their insurance may be responsible for paying for damages, including lost income and other expenses.

To determine which insurance policies may be responsible for paying for lost income and other damages, it’s important to document the accident and gather evidence of the driver’s lost earnings. This may include pay stubs, tax returns, and other financial records. An experienced personal injury attorney can help rideshare drivers navigate the insurance claims process and negotiate with the various insurance companies involved to seek the compensation they are entitled to. The attorney can also help ensure that the driver’s rights are protected and that they receive fair compensation for their losses. Almost immediately you will be contacted by Uber or Lyft’s insurance company (in the state of the accident). You can find the right insurance company by checking out a recent blog.

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Highly recommend Sean’s services! If I could give him 10 stars I would! From day one, he was very genuine person and works directly with his clients. He always kept my goals at the forefront of his work. He is extremely knowledgeable about the law and knows how to use that to execute your goals. He went above and beyond without hesitation. Again, highly recommend!

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Boualem – Rideshare Driver

While all other offices turned me down because they deemed my cause unworthy of fighting for, Mr. Sean J. O’Bryan, was the only attorney who widely opened his office and decided to retain my case. Always available when needed and responded to my inquiries in timely manners. I highly recommend any Uber/Lyft drivers to reach out to them in case of accidents/injuries.

Boualem

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Rideshare Accident Attorneys were able to negotiate a settlement with a rideshare company that was outrageously higher than expected.

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I contacted Sean O’Bryan. I received my settlement quicker than expected and more importantly I was treated with incredible care and professionalism.

Michael

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We hired Sean and he was compassionate, excellent attorney who did an exceptional job fighting on my family‘s behalf for my brother’s legacy. He also WON our CASE and I just wanted to say THANK YOU! My family cannot thank him enough.

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My wife and I couldn’t have asked for better representation. He was extremely motivated and passionate. Well, his tenacity paid off after a year, and my wife and I were extremely happy with the result.

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Robert, Personal Injury Client

Sean was great to work with. He was able to recover damages even after several lawyers told me I didn’t have a case! He was very responsive and took time to explain things.

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Personal Injury Client

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Testimonials

Tasha – Rideshare Rider

Highly recommend Sean’s services! If I could give him 10 stars I would! From day one, he was very genuine person and works directly with his clients. He always kept my goals at the forefront of his work. He is extremely knowledgeable about the law and knows how to use that to execute your goals. He went above and beyond without hesitation. Again, highly recommend!

Tasha

Rideshare Rider

Boualem – Rideshare Driver

While all other offices turned me down because they deemed my cause unworthy of fighting for, Mr. Sean J. O’Bryan, was the only attorney who widely opened his office and decided to retain my case. Always available when needed and responded to my inquiries in timely manners. I highly recommend any Uber/Lyft drivers to reach out to them in case of accidents/injuries.

Boualem

Rideshare Driver

Jeremy, Personal Injury Client

Rideshare Accident Attorneys were able to negotiate a settlement with a rideshare company that was outrageously higher than expected.

Jeremy

Rideshare Rider

Michael, Personal Injury Client

I contacted Sean O’Bryan. I received my settlement quicker than expected and more importantly I was treated with incredible care and professionalism.

Michael

Personal Injury Client

Christina, Estate of Decedent, Personal Injury

We hired Sean and he was compassionate, excellent attorney who did an exceptional job fighting on my family‘s behalf for my brother’s legacy. He also WON our CASE and I just wanted to say THANK YOU! My family cannot thank him enough.

Christina

Estate of Decedent, Personal Injury

Matthew, Personal Injury Client

My wife and I couldn’t have asked for better representation. He was extremely motivated and passionate. Well, his tenacity paid off after a year, and my wife and I were extremely happy with the result.

Matthew

Personal Injury Client

Robert, Personal Injury Client

Sean was great to work with. He was able to recover damages even after several lawyers told me I didn’t have a case! He was very responsive and took time to explain things.

Robert

Personal Injury Client
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