September 26, 2024

Will Uber Pay for My Lost Wages After an Accident?

Have you ever thought about what happens if you are injured in an Uber accident in California? Who will take care of your medical bills, lost wages, and the pain and suffering you endure? The answer might be more complex than you expect. In California, Uber offers insurance for its drivers and riders, but the details can be complicated.

Knowing your rights and what coverage is available is essential if you are injured in an accident. This is where a California Uber accident injury attorney can help. They can handle the tricky insurance claims process and make sure you receive maximum compensation for Uber driver accidents.

Uber’s Insurance Coverage for its Drivers in California

Uber provides varying levels of insurance coverage for its drivers in California, depending on the driver’s status within the app. This coverage is broken down into three specific periods: when the driver is offline, when the driver is online but has not yet accepted a ride, and when the driver is en route to pick up a passenger or has a passenger in the vehicle. Here’s a detailed look at each period:

Period 1: Coverage When the Uber Driver is Offline (App is Off)

When an Uber driver is offline and the app is turned off, Uber’s insurance does not provide any coverage. During this time, the driver is not considered to be working for Uber, and therefore, any accidents or incidents that occur fall under the driver’s personal auto insurance policy. In California, all drivers are required to carry minimum liability insurance (the driver’s personal insurance coverage) that includes:

$15,000 for bodily injury per person
$30,000 for bodily injury per accident
$5,000 for property damage

If an Uber car accident happens while the app is off, the driver’s personal insurance must cover any claims or damages.

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Period 2: Coverage When the Uber Driver is Online (App is On) and Available for a Trip

When the Uber driver is online and the app is active, but they have not yet accepted a ride, this is known as Period 2. During this time, Uber provides limited insurance coverage in case of an accident. The Uber accident claims coverage typically includes:

Third-Party Liability Coverage: Uber provides third-party liability coverage up to $50,000 per person for bodily injury, $100,000 per accident for bodily injury, and $25,000 for property damage. This coverage kicks in if the driver’s personal insurance does not cover the full amount of damages.
Uninsured/Underinsured Motorist Coverage: In California, Uber provides UM/UIM coverage up to $50,000 per person for bodily injury, $100,000 per accident for bodily injury, and $25,000 for property damage. This coverage is for when the accident is caused by an uninsured or underinsured driver.

This coverage is designed to fill the gap between the driver’s personal insurance and any damages that occur while the driver is waiting for a ride request.

Period 3: Coverage When the Uber Driver is En Route to Pick Up a Passenger and the Passenger is in the Vehicle

Period 3 begins once the driver accepts a ride request and continues while the driver is on their way to pick up the passenger and throughout the trip until the passenger exits the vehicle. During this period, Uber provides the highest level of insurance coverage:

$1 Million Third-Party Liability Coverage: Uber offers up to $1 million in third-party liability coverage to cover any injuries or damages to other people and property involved in an accident caused by the Uber driver.
Uninsured/Underinsured Motorist Coverage: If the accident is caused by another driver who is uninsured or underinsured, Uber provides up to $1 million in coverage for injuries to the driver and passengers.
Comprehensive and Collision Coverage: If the Uber driver has personal comprehensive and collision coverage, Uber will match this coverage with a deductible of $2,500. This covers damage to the driver’s vehicle, regardless of who was at fault in the accident.

This comprehensive coverage is designed to protect both the driver and passengers during the most critical periods of the Uber trip, ensuring that medical expenses, vehicle repairs, and other damages are adequately covered.

Will Uber Pay for Lost Wages in an Uber Driver Accident in California?

In partnership with Affinity Insurance Services, Inc., Uber offers Optional Injury Protection insurance to give Uber drivers and delivery persons peace of mind in case of an accident. This insurance helps protect you if you are injured while driving or delivering for Uber and cannot work; it covers Uber driver wage loss due to accident and medical expenses.

Key Benefits for Uber Drivers with Optional Injury Protection Coverage

Disability Payments: If you are unable to work due to an injury, this insurance provides earnings replacement of up to $500 per week.
Medical Expenses: The insurance covers medical expenses from an accident up to $1,000,000 with no deductible or copay, so you don’t have to worry about upfront costs.
Survivor Benefits: In case of a fatal accident, the insurance provides up to $150,000 for your family.

California Uber Drivers Don’t Have to Pay for Optional Injury Protection Insurance

In California, Uber pays for Injury Protection insurance for all Uber drivers and delivery people. You remain enrolled in the Optional Injury Protection insurance program without any charge for trips within California that are covered by this protection.

When is an Uber Driver Protected Under Uber’s Optional Injury Protection?

Once you have signed up for Optional Injury Protection as an Uber driver, and meet the eligibility requirements, your coverage will begin immediately. Uber’s Optional Injury Protection covers Uber driver earnings loss accident during these three situations:

While You are Online: This includes when you are available to accept trip requests on the Uber app.
En Route to Pick Up a Passenger or Delivery: You are protected while on your way to pick up a passenger or make a delivery.
While on a Trip: This protection continues while you have a passenger in your vehicle or are completing a delivery.

This insurance does not apply if you are working for another company or driving for personal reasons.

Benefits in Uber’s Optional Injury Protection

If you are injured in a covered accident while working with Uber, this insurance offers six key benefits:

Medical Expenses: Covers accident-related medical costs up to $1,000,000, with no deductible or copay.
Temporary Disability Payments: Provides up to $500 per week if you are temporarily unable to work.
Continuous Disability Payments: Offers up to $500 per week if you are unable to work for an extended period.
Accidental Death: Pays up to $50,000 to your beneficiaries if you die in a covered accident.
Survivor Benefits: Provides up to $150,000 for your family in the event of your death.
Accidental Dismemberment: Covers up to $200,000 if you suffer a serious injury, like the loss of a limb.

Can You Recover Lost Wages if You Were Injured Due to the Uber Driver’s Fault?

If the accident was caused by the Uber driver, you are entitled to seek compensation for lost wages as part of your personal injury claim. This includes any income you lost while recovering from your injuries, and it can also cover future lost earnings if your ability to work is affected long-term. Uber’s insurance policy typically covers passengers in these situations, so you can file a claim to recover economic damages.

Can You Recover Wage Loss if the Uber Accident Occurred Due to the Negligence of the Driver and Another Motorist?

In California, if you are an Uber passenger injured in an accident caused by the negligence of the Uber driver and another motorist, you can still recover economic and non-economic damages, including wage loss, under the state’s comparative negligence laws.

Comparative Negligence in California

California follows a “pure comparative negligence” system, which means that in car accidents where multiple parties are at fault, each party is held responsible for their proportion of the fault. As an injured passenger, this principle applies to your ability to recover damages from the Uber driver and other motorist involved in the accident.

Recovery of Economic Damages

Economic damages in car accidents and Uber accidents cover financial losses such as medical costs, lost wages, and property damage. As an injured Uber passenger, you are entitled to seek compensation for these damages from the Uber driver’s insurance and the other motorist’s insurance, depending on their respective degrees of fault.

Uber Driver’s Insurance: Uber provides liability coverage when their driver is at fault. During the trip, Uber’s insurance policy will cover your economic damages, such as wage loss, up to the policy limits.
Other Motorist’s Insurance: If the other driver is also at fault, their insurance can cover your economic losses. The amount recoverable from each party will depend on the percentage of fault assigned to them.

Recovery of Non-Economic Damages

Non-economic damages include compensation for pain and suffering, emotional distress, and loss of enjoyment of life. In California, you can recover these damages in an Uber accident claim even if the Uber driver and the other motorist share the blame.

The Uber driver’s insurance and the other motorist’s insurance can be held jointly liable for your non-economic damages. The total amount you can recover will be adjusted based on the comparative fault of each party.

Example Scenario

If it is determined that the Uber driver was 60% at fault and the other motorist was 40% at fault, and your total damages amount to $100,000, you could theoretically recover $60,000 from Uber’s insurance and $40,000 from the other motorist’s insurance company. This includes both economic and non-economic damages.

Practical Considerations

Insurance Limits: The actual amount you can recover may be influenced by the insurance policy limits of both the Uber driver and the other motorist.
Uninsured/Underinsured Motorist Coverage: If the other motorist has insufficient coverage or no insurance at all, Uber’s insurance may provide additional coverage through its uninsured/underinsured motorist policy, depending on the situation.

What is the Value of Your Claim for Lost Wages in a California Uber Accident?

When you are injured in an Uber accident and unable to work, you may be entitled to a lost wages claim to cover the income you missed. Here’s a breakdown of what could be included in your claim:

Wages Lost While in the Hospital: If you had to stay in the hospital due to your injury, you can claim the income you would have earned during that time.
Wages Lost During Recovery: After leaving the hospital, you might need time at home to recover. The wages you lost during this period can also be included in your claim.
Wages Lost Due to Medical Appointments: If you had to miss work for medical treatments or doctor’s appointments, you can claim those lost wages as well.
Used-Up Sick Leave and Vacation Time: If you had to use sick leave or vacation days because of your injury, you can include the value of those days in your claim. This is because those days are now used up and won’t be available if you need them later.

It is important to note that calculating lost wages can become complicated if your work hours are irregular or if you earn bonuses or overtime.

How Do You Prove Lost Wages?

Proving lost earnings usually involves getting written confirmation from your employer. This letter should detail the wages you lost, breaking it down into the components mentioned above. For example, if you used sick leave or vacation time, the letter should state how much you would have earned if you had worked those days.

If you typically work overtime, and your injury occurred during a busy season, your employer should include an estimate of the overtime pay you missed out on. Another useful piece of evidence is your signed employment contract, which shows your agreed-upon wages.

How to Prove Income Loss if You are Self-Employed?

If you are self-employed, proving lost earnings is a bit different. You might start by calculating your annual income, breaking it down into a daily amount, and then multiplying that by the number of workdays you missed. To support your claim, you can use the following:

Recent Income Tax Returns: These documents can show your average earnings over the past few years.
Invoices: These can prove the income you were earning before the injury.
Proof of Payments Received: Bank statements or other payment records can show how much you were typically paid.
Canceled Assignments: Emails or other correspondence showing the work you had to turn down because of your injury can help establish your claim.

However, it is often difficult to win compensation for lost business opportunities, as these can be harder to prove.

Loss of Future Earning Capacity Claims

If your injury is severe enough that you cannot return to your previous job or any job at all, you might have a claim for diminished earning capacity. This means you can seek compensation for the difference between what you could have earned if you hadn’t been injured and what you can earn now.

Calculating diminished earning capacity is complex because it involves estimating your future earnings, sometimes years or even decades into the future. To do this accurately, you will likely need two professionals on your side:

An Experienced Personal Injury Attorney: They can guide you through the legal process and help ensure you are asking for a fair amount of compensation.
An Expert Witness: This could be an economist or another HR expert who can provide a detailed analysis of your future earning potential and how it has been affected by your injury. Your lawyer can hire a reputable expert witness to bolster your claim.

It is important to calculate these future losses accurately. If you settle for too little now and run out of money later, you won’t be able to ask for more compensation in the future.

Get Strong Legal Representation from Our Seasoned Uber Accident Lawyers in California

At Crown & Stone Law, P.C., our California Uber accident attorneys are committed to securing the maximum compensation for your injuries. We know how overwhelming car accidents can be, affecting not just your health but also your financial stability. Our experienced legal team will collect strong evidence, hold the negligent parties accountable, and vigorously negotiate with insurance companies for a fair settlement. If necessary, we can take your case to trial to ensure you receive the full compensation you deserve. Let us fight for your rights and help you on the path to recovery. To schedule a free consultation, call us at (844) 641-0197 or contact us online.

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