# will her insurance cover my lost Uber wages?



## V6GrandPrix (Sep 15, 2015)

Last night I was rear-ended just before dropping off a passenger. I called the cops, they determined I was not at fault. They obtained the other driver's insurance info, etc. and gave it to me.
This morning I brought my car to a local body shop, and repair estimate is more than 80% of the car's value. In other words, it's totaled. I contacted the other driver's insurance company (State Farm) and filed a claim. Still waiting to hear back from them, but I know it will be at least several days before they send an Adjuster to look at my car. Also, it seems that I'll be needing a new car.

Until the claim is approved, and I either get my car repaired, or (more likely) obtain a new car, I will not be driving for Uber. Am I able to collect some or all of my lost Uber wages from the other driver's insurance?
This is the first accident (involving the cops and insurance companies) that I've ever had in 35 years of driving, and I'm kind of clueless.


----------



## SafeT (Nov 23, 2015)

Never hurts to try. Don't sign anything until you agree with the payment. Don't tell them you don't need medical care, say you aren't sure. Make them worried that it could cost them more. If all else fails get a lawyer. Since you were hit from behind a lawyer may want to to act like you have a whiplash.


----------



## LAuberX (Jun 3, 2014)

If the accident was not your fault, call the other insurance company NOW and demand a rental car... Having a rental will speed up the whole process, they don't want to pay for it so it moves things along....

good luck


----------



## Disgusted Driver (Jan 9, 2015)

Do you have rideshare insurance - does your insurance company know you are driving Uber?

If not, you might want to not mention Uber at all, otherwise you might find yourself cancelled by your insurance company. Not a great place to be in, thanks for partnering with Uber!


----------



## Coachman (Sep 22, 2015)

What was your rating for the trip?


----------



## JaxUbermom (Jan 26, 2016)

Cannot even pretend to be an internet lawyer, except to tell you whiplash symptoms can take up to two weeks to set in, so pay attention to how your body feels.


----------



## Redtop (Oct 20, 2015)

First, I agree, do not let your own insurance company know unless you have a rideshare policy or endorsement. If they have cause to see your car, be sure to remove the Uber placard.

As a matter of law, if you commit the tort of negligence you are responsible for putting the other party back in the position they would have been if you had not been negligent. There is a saying in tort law "You take your victims as you find them." If you cripple a physician you could be liable for millions in lost wages. If you cripple an Uber driver, you are responsible for bupkas.

If the other company acknowledges fault, they may offer a rental car but you are not obligated to accept that if you cannot drive the rental for Uber. They should be obligated to reimburse your expected Uber earnings, less the costs of operating the Uber car, less the amount you can reasonably make in an alternative occupation while you can't drive. In practice that last item is zero. They should cover this for a reasonable period of time that it takes you to replace the damaged vehicle. I don't know the rule of thumb there but I would say a week or two after they pay you for your vehicle, especially if you have paperwork to upload and get approved before you can start driving for Uber.

I doubt this is all that complex. I'm sure that people hit work trucks all the time. Imagine that you're a plumber and you have a truck you use for work and someone totals you. Uber is no different. And it's nobody's business that your own insurance company didn't know you were ridesharing. Now if you happened to be hit by someone who has the same insurance company as you, that could be problematic.


----------



## GILD (Feb 8, 2016)

did you give ubers insurance or your own personal?
you should of gave ubers. not yours. If pax is in car or your on way to get pax, use ubers insurance. 
account, waybill! thats where ubers insurance is. then tell uber of the accident.
of course certificate of insurance button is a joke. does not work or do anything. 
but the info needed is on the waybill. as soon as you accept ping, you are on uber insurance. 
you remain on it until you end trip. thus, DO not end trip until the pax exits car. JUST as uber tells you to do.
its for insurance reasons. once clear of car, your uber insurance stops on end trip!


----------



## Ben Doerr (Jan 18, 2016)

If you go after your lost Uber wages you may have to pay the person who rear ended you.


J/K. I hope I don't have to explain this


----------



## tohunt4me (Nov 23, 2015)

Coachman said:


> What was your rating for the trip?


A SMASHING 3 star!


----------



## tohunt4me (Nov 23, 2015)

Ben Doerr said:


> If you go after your lost Uber wages you may have to pay the person who rear ended you.
> 
> J/K. I hope I don't have to explain this


Uber gets 25% of any settlement.


----------



## tohunt4me (Nov 23, 2015)

GILD said:


> did you give ubers insurance or your own personal?
> you should of gave ubers. not yours. If pax is in car or your on way to get pax, use ubers insurance.
> account, waybill! thats where ubers insurance is. then tell uber of the accident.
> of course certificate of insurance button is a joke. does not work or do anything.
> ...


Pax will name him, Uber, and the other driver in Their lawsuit.


----------



## tohunt4me (Nov 23, 2015)

GILD said:


> did you give ubers insurance or your own personal?
> you should of gave ubers. not yours. If pax is in car or your on way to get pax, use ubers insurance.
> account, waybill! thats where ubers insurance is. then tell uber of the accident.
> of course certificate of insurance button is a joke. does not work or do anything.
> ...


The PAX lawyers will sue BOTH.


----------



## SEAL Team 5 (Dec 19, 2015)

V6GrandPrix said:


> Last night I was rear-ended just before dropping off a passenger. I called the cops, they determined I was not at fault. They obtained the other driver's insurance info, etc. and gave it to me.
> This morning I brought my car to a local body shop, and repair estimate is more than 80% of the car's value. In other words, it's totaled. I contacted the other driver's insurance company (State Farm) and filed a claim. Still waiting to hear back from them, but I know it will be at least several days before they send an Adjuster to look at my car. Also, it seems that I'll be needing a new car.
> 
> Until the claim is approved, and I either get my car repaired, or (more likely) obtain a new car, I will not be driving for Uber. Am I able to collect some or all of my lost Uber wages from the other driver's insurance?
> This is the first accident (involving the cops and insurance companies) that I've ever had in 35 years of driving, and I'm kind of clueless.


Well the worst part is " I was rear ended right before dropping off a passenger". I bet that passenger has already contacted a lawyer. Let me see; Uber, $60 billion? I definitely want a piece of that!!!!!!! Even though the pax could of told the police he was ok, you can almost guarantee that neck and back issues will be on the way. Your ins company will definitely find out. The pax has an app that proves he was in your car. Just hope that the person that hit you has enough insurance to cover you, otherwise it comes from your uninsured/ underinsured. Good luck


----------



## 5 Star Guy (Nov 7, 2015)

Just for fun, also at your expense how much was the fare? To answer your question, do you have a full or part time job besides this? Its tough for your lawyer to determine your wages from driving since its so variable and they will look at how often you work and how much you actually earn. It would be easier if you can't get to your full or part time job without your car. Some people end up getting fired for not being able to get to work. I never had a car rental policy since I've never been in accidents that were my fault. That theory finally caught up with me and I ended up paying 2K out of my pocket when I got t boned and didn't have a car for 2 months. Now I have car rental coverage.


----------



## CityGirl (Nov 29, 2014)

V6GrandPrix said:


> Last night I was rear-ended just before dropping off a passenger. I called the cops, they determined I was not at fault. They obtained the other driver's insurance info, etc. and gave it to me.
> This morning I brought my car to a local body shop, and repair estimate is more than 80% of the car's value. In other words, it's totaled. I contacted the other driver's insurance company (State Farm) and filed a claim. Still waiting to hear back from them, but I know it will be at least several days before they send an Adjuster to look at my car. Also, it seems that I'll be needing a new car.
> 
> Until the claim is approved, and I either get my car repaired, or (more likely) obtain a new car, I will not be driving for Uber. Am I able to collect some or all of my lost Uber wages from the other driver's insurance?
> This is the first accident (involving the cops and insurance companies) that I've ever had in 35 years of driving, and I'm kind of clueless.


Yes. Just submit your pay statements to State Farm to create an average, they will take care of you. They are the best in the business, and they do NOT want you to sue their insured in small claims, trust me!


----------



## CityGirl (Nov 29, 2014)

Redtop said:


> If the other company acknowledges fault, they may offer a rental car but you are not obligated to accept that if you cannot drive the rental for Uber. They should be obligated to reimburse your expected Uber earnings, less the costs of operating the Uber car, less the amount you can reasonably make in an alternative occupation while you can't drive. In practice that last item is zero. They should cover this for a reasonable period of time that it takes you to replace the damaged vehicle. I don't know the rule of thumb there but I would say a week or two after they pay you for your vehicle, especially if you have paperwork to upload and get approved before you can start driving for Uber.
> 
> I doubt this is all that complex. I'm sure that people hit work trucks all the time. Imagine that you're a plumber and you have a truck you use for work and someone totals you. Uber is no different. And it's nobody's business that your own insurance company didn't know you were ridesharing. Now if you happened to be hit by someone who has the same insurance company as you, that could be problematic.


That's not the measure. No deductions will be taken, just your net average. Submit as many weeks as you think it takes to get the average to show a true picture.


----------



## CityGirl (Nov 29, 2014)

SEAL Team 5 said:


> Well the worst part is " I was rear ended right before dropping off a passenger". I bet that passenger has already contacted a lawyer. Let me see; Uber, $60 billion? I definitely want a piece of that!!!!!!! Even though the pax could of told the police he was ok, you can almost guarantee that neck and back issues will be on the way. Your ins company will definitely find out. The pax has an app that proves he was in your car. Just hope that the person that hit you has enough insurance to cover you, otherwise it comes from your uninsured/ underinsured. Good luck


Nope, Uber's policy will cover the passenger's damages, if any.


----------



## simpsonsverytall (Nov 6, 2015)

tohunt4me said:


> Uber gets 25% of any settlement.


hmm


----------



## SEAL Team 5 (Dec 19, 2015)

CityGirl said:


> That's not the measure. No deductions will be taken, just your net average. Submit as many weeks as you think it takes to get the average to show a true picture.


It's amazing that so many people that have never been a commercial driver know so much about it. The Uber driver that was hit will only get property damage and bodily injury. The Uber driver does not have lost wages, he has lost business revenue. The Uber driver is a business entity known as Sole Proprietor (at the minimum become a LLC). The insurance of the at fault driver will not pay lost revenue. The correct insurance to have for that is Business Interruption Insurance. You cannot ask an insurance company to pay for a peril that is not covered. The Uber driver has to sue the responsible party in court to collect anything more then property damage and bodily injury. I highly suggest you guys learn about commercial driving in your state. Not only do we insure each vehicle and driver, but we have a General Aggregate Policy for the company. No matter what Uber says, you are still commercial driving. It might not be a bad idea to get an hour of legal consultation.


----------



## Frontier Guy (Dec 27, 2015)

SEAL Team 5 said:


> It's amazing that so many people that have never been a commercial driver know so much about it. The Uber driver that was hit will only get property damage and bodily injury. The Uber driver does not have lost wages, he has lost business revenue. The Uber driver is a business entity known as Sole Proprietor (at the minimum become a LLC). The insurance of the at fault driver will not pay lost revenue. The correct insurance to have for that is Business Interruption Insurance. You cannot ask an insurance company to pay for a peril that is not covered. The Uber driver has to sue the responsible party in court to collect anything more then property damage and bodily injury. I highly suggest you guys learn about commercial driving in your state. Not only do we insure each vehicle and driver, but we have a General Aggregate Policy for the company. No matter what Uber says, you are still commercial driving. It might not be a bad idea to get an hour of legal consultation.


Well, here's the part you are correct about, contact a lawyer and get a consultation. Here's the part you are wrong about, want to bet the other driver won't pay lost revenue? Last year one of our semi's was sideswiped in an accident, $45,000 in damage, truck was in the body shop for 3 weeks. Person that hit us, we showed proof of lost revenue to the truck for it being down based on dispatch miles, maxed out the other drivers insurance coverage and then some. $45,000 in damage to the truck, $5,000 per day in lost revenue to the truck 30 days the truck was out of commission, $10,000 HAZMAT cleanup for 100 gal. of diesel spilled, $210,000 claim on a 50/100/25 insurance policy. When one of our owner operators was hit by a city bus 10 yrs ago, they totaled the tractor, covered the cost of the rental tractor and paid covered his lost business revenue for the 4 days he was without a truck initially.


----------



## SEAL Team 5 (Dec 19, 2015)

Frontier Guy said:


> Well, here's the part you are correct about, contact a lawyer and get a consultation. Here's the part you are wrong about, want to bet the other driver won't pay lost revenue? Last year one of our semi's was sideswiped in an accident, $45,000 in damage, truck was in the body shop for 3 weeks. Person that hit us, we showed proof of lost revenue to the truck for it being down based on dispatch miles, maxed out the other drivers insurance coverage and then some. $45,000 in damage to the truck, $5,000 per day in lost revenue to the truck 30 days the truck was out of commission, $10,000 HAZMAT cleanup for 100 gal. of diesel spilled, $210,000 claim on a 50/100/25 insurance policy. When one of our owner operators was hit by a city bus 10 yrs ago, they totaled the tractor, covered the cost of the rental tractor and paid covered his lost business revenue for the 4 days he was without a truck initially.


Sorry, I was wrong in your case. I'm with Zurich North America and I was told never to rely on anyone's personal insurance. Glad you guys got compensated. Just seen many post on here where drivers get that insurance shock when an accident happens. I just know that the insurance companies do not like "ride sharing". My commercial rates jumped almost 27% this year with no claims against. Thanks for the info.


----------



## 5 Star Guy (Nov 7, 2015)

The problem is this is a new category of insurance, it is not commercial. The new coverage is TNC Gap, since as people are finding out, you are not covered the way you were led to believe.


----------



## Dajark (Dec 10, 2015)

I got a lawyer. They got lost wages for me.


----------



## Frontier Guy (Dec 27, 2015)

The whole TNC thing is the kicker in all of this, but I would think that if you can prove the lost revenue, should be good.


----------



## Altima ATL (Jul 13, 2015)

Dajark said:


> I got a lawyer. They got lost wages for me.


Cool - Lost revenue due to car in for repair is a real loss. I am glad your lawyer was able to fight it successfully.

I think that it is a very tough fight.
Damn - I am trying to remember the basis of a conversation I had with a lawyer some years back and similar subject came up about lost earnings while not being able to drive (I can't remember the details) - but the main defense of this is that if driving a car is so important for your income then why do you not have a second car to use in the event of repairs etc. needing to be made to your primary vehicle - after all you are prepared to swallow the cost of lost earnings for mechanical repair or at fault accident - a non-fault accident should also be in your consideration.

Not saying that I like the situation and feel for the OP - but do feel he has a tough fight ahead.


----------



## 5 Star Guy (Nov 7, 2015)

You get your car fixed when you're not working. All vehicles even trains get maintained during off hours so I don't agree with that.


----------



## R44KDEN (Jul 7, 2015)

We got rear ended by a 17 year old girl who was texting. We were at a stop light. The car has been off the road for 5 weeks (BMW 5 series). It was a real effort but Farmers (her insurance) paid out 5 weeks of loss of income and then another payment of 43 days rental car equivalent (I declined the rental car because Farmers couldnt provide me with a comparable vehicle with livery plates and appropriate commercial insurance). Was it what I wanted? No, but if we add it all up it came to be around $2000 per week we collected. The repair to the car was relatively minor (just shy of $3K).


----------



## Fuzzyelvis (Dec 7, 2014)

5 Star Guy said:


> Just for fun, also at your expense how much was the fare? To answer your question, do you have a full or part time job besides this? Its tough for your lawyer to determine your wages from driving since its so variable and they will look at how often you work and how much you actually earn. It would be easier if you can't get to your full or part time job without your car. Some people end up getting fired for not being able to get to work. I never had a car rental policy since I've never been in accidents that were my fault. That theory finally caught up with me and I ended up paying 2K out of my pocket when I got t boned and didn't have a car for 2 months. Now I have car rental coverage.


The car rental is so cheap to add it's silly not to have it. Assuming no injuries, the worst part of a wreck after the cost is having no car while it's fixed/replaced.


----------



## Fuzzyelvis (Dec 7, 2014)

SEAL Team 5 said:


> It's amazing that so many people that have never been a commercial driver know so much about it. The Uber driver that was hit will only get property damage and bodily injury. The Uber driver does not have lost wages, he has lost business revenue. The Uber driver is a business entity known as Sole Proprietor (at the minimum become a LLC). The insurance of the at fault driver will not pay lost revenue. The correct insurance to have for that is Business Interruption Insurance. You cannot ask an insurance company to pay for a peril that is not covered. The Uber driver has to sue the responsible party in court to collect anything more then property damage and bodily injury. I highly suggest you guys learn about commercial driving in your state. Not only do we insure each vehicle and driver, but we have a General Aggregate Policy for the company. No matter what Uber says, you are still commercial driving. It might not be a bad idea to get an hour of legal consultation.


I think you could make the same argument as the lawsuits if told that: that you ARE an employee.


----------



## Darrell (Dec 27, 2015)

SEAL Team 5 said:


> It's amazing that so many people that have never been a commercial driver know so much about it. The Uber driver that was hit will only get property damage and bodily injury. The Uber driver does not have lost wages, he has lost business revenue. The Uber driver is a business entity known as Sole Proprietor (at the minimum become a LLC). The insurance of the at fault driver will not pay lost revenue. The correct insurance to have for that is Business Interruption Insurance. You cannot ask an insurance company to pay for a peril that is not covered. The Uber driver has to sue the responsible party in court to collect anything more then property damage and bodily injury. I highly suggest you guys learn about commercial driving in your state. Not only do we insure each vehicle and driver, but we have a General Aggregate Policy for the company. No matter what Uber says, you are still commercial driving. It might not be a bad idea to get an hour of legal consultation.


That sounded nice and all, BUT, I was in a accident while online with Uber with no pax in the car. Guy runs red light and I run right into him. He had State Farm Insurance. Both cars totaled. They determined there insured party was at fault. They paid me the value for my car, over 20 k (I bought this car for 2 k at a police auction) Cha Ching. They paid my medical bills, pain and suffering, and MY LOST WAGES which included my full time job and 3 weeks of "supplemental" income (Uber Income). My lawyer was able to make them pay all this. So, you can get paid for lost Uber pay if you have the right attorney.

However, I was very nervous they would report to my Insurance company I was driving for Uber and told my lawyer I could do without the additional $ 1600. Him being hungry for every penny of his 33 % (He got nothing from the 20 K as he only collected off the personal injury...Cha Ching) he convinced me to include it. That was over 8 months ago and I still haven't gotten dropped yet so I guess I got lucky all the way around.


----------



## maxista (Dec 20, 2015)

SEAL Team 5 said:


> It's amazing that so many people that have never been a commercial driver know so much about it. The Uber driver that was hit will only get property damage and bodily injury. The Uber driver does not have lost wages, he has lost business revenue. The Uber driver is a business entity known as Sole Proprietor (at the minimum become a LLC). The insurance of the at fault driver will not pay lost revenue. The correct insurance to have for that is Business Interruption Insurance. You cannot ask an insurance company to pay for a peril that is not covered. The Uber driver has to sue the responsible party in court to collect anything more then property damage and bodily injury. I highly suggest you guys learn about commercial driving in your state. Not only do we insure each vehicle and driver, but we have a General Aggregate Policy for the company. No matter what Uber says, you are still commercial driving. It might not be a bad idea to get an hour of legal consultation.


I'm going to go with this.


----------



## maxista (Dec 20, 2015)

Darrell said:


> That sounded nice and all, BUT, I was in a accident while online with Uber with no pax in the car. Guy runs red light and I run right into him. He had State Farm Insurance. Both cars totaled. They determined there insured party was at fault. They paid me the value for my car, over 20 k (I bought this car for 2 k at a police auction) Cha Ching. They paid my medical bills, pain and suffering, and MY LOST WAGES which included my full time job and 3 weeks of "supplemental" income (Uber Income). My lawyer was able to make them pay all this. So, you can get paid for lost Uber pay if you have the right attorney.
> 
> However, I was very nervous they would report to my Insurance company I was driving for Uber and told my lawyer I could do without the additional $ 1600. Him being hungry for every penny of his 33 % (He got nothing from the 20 K as he only collected off the personal injury...Cha Ching) he convinced me to include it. That was over 8 months ago and I still haven't gotten dropped yet so I guess I got lucky all the way around.


Wow. What a deal. lol. Good for you man.


----------



## CityGirl (Nov 29, 2014)

SEAL Team 5 said:


> It's amazing that so many people that have never been a commercial driver know so much about it. The Uber driver that was hit will only get property damage and bodily injury. The Uber driver does not have lost wages, he has lost business revenue. The Uber driver is a business entity known as Sole Proprietor (at the minimum become a LLC). The insurance of the at fault driver will not pay lost revenue. The correct insurance to have for that is Business Interruption Insurance. You cannot ask an insurance company to pay for a peril that is not covered. The Uber driver has to sue the responsible party in court to collect anything more then property damage and bodily injury. I highly suggest you guys learn about commercial driving in your state. Not only do we insure each vehicle and driver, but we have a General Aggregate Policy for the company. No matter what Uber says, you are still commercial driving. It might not be a bad idea to get an hour of legal consultation.


It's amazing so many people who know nothing about the law give legal advice. Insurance professional here. All losses will be paid by the responsible party's insurance. The responsible party is liable and his coverage will protect him from being sued by paying the claim, or the injured party can recover in small claims and then the insurance will have to indemnify the insured. Insurance 101.


----------



## SEAL Team 5 (Dec 19, 2015)

CityGirl said:


> Insurance professional here. All losses will be paid by the responsible party's insurance. The responsible party is liable and his coverage will protect him from being sued by paying the claim, or the injured party can recover in small claims and then the insurance will have to indemnify the insured. Insurance 101.


I have seen a couple post here where the claims were denied. And I heard about the little girl killed in San Fran, that the responsible party's insurance denied the claim and Uber made a cash settlement. Verify for yourself though. One question, you're an insurance professional and you drive for Uber?


----------



## CityGirl (Nov 29, 2014)

Darrell said:


> That sounded nice and all, BUT, I was in a accident while online with Uber with no pax in the car. Guy runs red light and I run right into him. He had State Farm Insurance. Both cars totaled. They determined there insured party was at fault. They paid me the value for my car, over 20 k (I bought this car for 2 k at a police auction) Cha Ching. They paid my medical bills, pain and suffering, and MY LOST WAGES which included my full time job and 3 weeks of "supplemental" income (Uber Income). My lawyer was able to make them pay all this. So, you can get paid for lost Uber pay if you have the right attorney.
> 
> However, I was very nervous they would report to my Insurance company I was driving for Uber and told my lawyer I could do without the additional $ 1600. Him being hungry for every penny of his 33 % (He got nothing from the 20 K as he only collected off the personal injury...Cha Ching) he convinced me to include it. That was over 8 months ago and I still haven't gotten dropped yet so I guess I got lucky all the way around.


There you go. It's not only the right attorney, but just making the claim and insisting upon it. Anyone can do it, but an attorney can always help you navigate the system. I definitely recommend an attorney if your damages are significant or you are injured in any way.


----------



## CityGirl (Nov 29, 2014)

SEAL Team 5 said:


> I have seen a couple post here where the claims were denied. And I heard about the little girl killed in San Fran, that the responsible party's insurance denied the claim and Uber made a cash settlement. Verify for yourself though. One question, you're an insurance professional and you drive for Uber?


The little girl in SF was killed before Uber had the automatic coverage during the online but no passenger phase. Everything has been changed because of that, we have a different climate now. Uber has coverage for us during that time.

And yes, insurance law is nasty and I left after 15 years to start a new business. Uber is my tool for meeting new people


----------



## SEAL Team 5 (Dec 19, 2015)

CityGirl said:


> The little girl in SF was killed before Uber had the automatic coverage during the online but no passenger phase. Everything has been changed because of that, we have a different climate now. Uber has coverage for us during that time.
> 
> And yes, insurance law is nasty and I left after 15 years to start a new business. Uber is my tool for meeting new people


I thought Uber's insurance only starts once you accept a fare (ping). You're still on your own when you have the app on and have not accepted a fare. That was the argument in that San Fran case. Correct me if I'm wrong.


----------



## Another Uber Driver (May 27, 2015)

SafeT said:


> Don't sign anything until you agree with the payment.
> 
> Don't tell them you don't need medical care, say you aren't sure.
> 
> If all else fails get a lawyer. Since you were hit from behind a lawyer may want to to act like you have a whiplash.


The insurance company will try to have you sign a Full Release. This will release them from any further claims arising from the occurrence. You sign it in consideration for whatever sum they name in the release. If you are not satisfied with what the insurance company will pay you, do not sign the release. You will not receive the cheque, but you will have a claim, still. There are such things as partial releases. Those come up often in cases where there is both property damage and bodily injury. Often the adverse driver's insurance company will pay off the property damage claim promptly. The insurer will then ask you to sign a "Partial Release, Property Claims Only". What you would be doing there is releasing the insurer and insured from any further claims regarding damage to any property involved in the collision. You would not be releasing them from any claims associated with anything other than chattel property.

Sometimes this can get an adjuster "motivated". Of course, he is going to balk at paying items such as "lost wages". His job is to settle the case as quickly and cheaply as possible. If you stop in mid-conversation and tell him that "your neck has started to hurt and you are going to see your doctor to-morrow and will call him back then", you will find him a little more accommodating when you call him back. Keep in mind, though, in a case such as that, it is likely that the insurer will require you to sign a Full Release.

That does not work out as well as the Television Lawyers would have you believe. The lawyer will tell you that he gets one-third of any settlement or award. He is not lying, but he is not telling you everything. The Retainer Agreement, does, however tell you more. He gets one-third if he settles it without the trial process' starting. Once the trial process starts (that means mediation, arbitration, depositions, pre-trial conferences......), his take goes up to forty per-cent. Further, all fees such as filing, witness, expert fees come out of the _*client's*_ share. All expenses come out of the client's share. More than one lawyer and treatment mill doctor has padded the expenses. If that lawyer took a limousine to his office that day, and, he sees ten clients that day, he charges that limousine fare to _*each*_ client's account. That thirty-three-and-one-third or forty is pure profit.

Further, keep in mind that the treatment mill must be paid. The old formula used to be "meds times three", but juries do not go for that as much as they used to. Still, after the lawyer takes his one-third and expenses, he takes out for the treatment mill. More than a few times, the client _*ain't*_ left with even fifteen per-cent.

Another thing to remember is that the _*LAST*_ thing that any of these "trial lawyers" want to do is go to trial. Yes, they get a higher fee, but their bottom line is better when they settle a case. You would be amazed at how much a lawyer will bargain away just to avoid going to trial.



LAuberX said:


> If the accident was not your fault, call the other insurance company NOW and demand a rental car... Having a rental will speed up the whole process, they don't want to pay for it so it moves things along....


It might move along the repair of your vehicle, but not much else. Most insurance companies have a limit on the number of days for which they will pay for a rental. If you do repair at the shop that they designate, and that shop takes too long, they will go over that limit. If you take the cheque and go to your own shop, they will pay for a limited time. In some cases, the insurance company just gives you the cheque and tells you to find a place to fix it. The insurance companies have gotten away with that for years.



Disgusted Driver said:


> Do you have rideshare insurance - does your insurance company know you are driving Uber? If not, you might want to not mention Uber at all, otherwise you might find yourself cancelled by your insurance company.


In some states, the Police Report will mention insurance companies. If you have a customer, you would , of course mention James River. As there was a passenger in this case, should the passenger pursue legal action, your own insurer could come out. There is a process called "Discovery". The passenger's lawyer will ask for all insurance information. Upon penalty of perjury, you will be required to disclose the name of your insurance company. The passenger's lawyer will make inquiries to your insurer. Further, the adverse driver's insurance company has a lawyer or a Legal
Department. The lawyer there could make inquiries regarding insurance coverage during Discovery. The Uber driver's private carrier will find out in due time or will p ut together the pieces. The people at the insurance companies generally know their business. They know for what to look.



SEAL Team 5 said:


> The Uber driver that was hit will only get property damage and bodily injury. The Uber driver does not have lost wages, he has lost business revenue. The Uber driver is a business entity known as Sole Proprietor (at the minimum become a LLC). The insurance of the at fault driver will not pay lost revenue. The correct insurance to have for that is Business Interruption Insurance. The Uber driver has to sue the responsible party in court to collect anything more then property damage and bodily injury.


I do not know Arizona Law, so that might be the case in Arizona. As a former Official of a cab insurer here, I paid more than one claim for "lost wages" to a cab or limousine driver. I paid more than one claim to a Wrent-a-Wreck Company for "loss of use". I have seen juries award damages for the foregoing, as well. The statement about Business Interruption Insurance is accurate. What will happen there, though, is that your carrier will take their carrier to law in an attempt to secure compensation for what they paid out. Often, when you buy such a policy, you agree to subrogate to your insurer any claim. This will be part of the Insuring Agreement if you purchase something as simple as Full Coverage on an automobile as a condition of a car loan. If you are, say, T-boned by some guy who blows a red light, you submit the claim to your insurer. It evaluates the loss and either sees to the repairs or issues you a cheque and tells you to repair it. You agree to accept whatever your insurer decides to do, as does your note-holder. Your insurer will then turn to his insurer for compensation for whatever it paid you.


----------



## Lnsky (Jan 2, 2016)

V6GrandPrix said:


> Last night I was rear-ended just before dropping off a passenger. I called the cops, they determined I was not at fault. They obtained the other driver's insurance info, etc. and gave it to me.
> This morning I brought my car to a local body shop, and repair estimate is more than 80% of the car's value. In other words, it's totaled. I contacted the other driver's insurance company (State Farm) and filed a claim. Still waiting to hear back from them, but I know it will be at least several days before they send an Adjuster to look at my car. Also, it seems that I'll be needing a new car.
> 
> Until the claim is approved, and I either get my car repaired, or (more likely) obtain a new car, I will not be driving for Uber. Am I able to collect some or all of my lost Uber wages from the other driver's insurance?
> This is the first accident (involving the cops and insurance companies) that I've ever had in 35 years of driving, and I'm kind of clueless.


The max payout you can get without suing is the limit on her policy for PIP/ med pay which is usually $2,500- $5,000.

They are more likely to pay it to you if you have whiplash or bodily injury. My guess is that they won't be excited to pay it for your Uber gig as it is unstable income but they'll probably throw you some kind of compensation to make you go away.

You're saying your car is pretty much totaled so I'm guessing she hit you pretty hard? If so I imagine your sorr and it is worth a quick run to the doctor to uphold bodily injury.

My bigger concern is that you had a passenger in tow. If the pax is looking for easy money she can file a claim against he other driver, James River (Uner's carrier) and your personal policy. I hope you bought the endorsement rider.

It's odd that State Farm hasn't set up a time for an adjusted yet though. What did they say when you called? Claims usually need to be responded to within 24 hours.

Good luck


----------



## RamzFanz (Jan 31, 2015)

SafeT said:


> Never hurts to try. Don't sign anything until you agree with the payment. Don't tell them you don't need medical care, say you aren't sure. Make them worried that it could cost them more. If all else fails get a lawyer. Since you were hit from behind a lawyer may want to to act like you have a whiplash.


That's seriously bad advice. If you hire a lawyer that encourages you to commit insurance fraud and face prison, you've hired a really bad lawyer.


----------



## RamzFanz (Jan 31, 2015)

Disgusted Driver said:


> Do you have rideshare insurance - does your insurance company know you are driving Uber?
> 
> If not, you might want to not mention Uber at all, otherwise you might find yourself cancelled by your insurance company. Not a great place to be in, thanks for partnering with Uber!


If someone is asking these questions only after they have had an accident, they should go back and read the contract they signed.


----------



## RamzFanz (Jan 31, 2015)

LAuberX said:


> If the accident was not your fault, call the other insurance company NOW and demand a rental car... Having a rental will speed up the whole process, they don't want to pay for it so it moves things along....
> 
> good luck


While this may apply in most cases, taking a rental you can't even use to make income may negate receiving payment, or lesson the payment, for loss of income.


----------



## Lnsky (Jan 2, 2016)

SEAL Team 5 said:


> It's amazing that so many people that have never been a commercial driver know so much about it. The Uber driver that was hit will only get property damage and bodily injury. The Uber driver does not have lost wages, he has lost business revenue. The Uber driver is a business entity known as Sole Proprietor (at the minimum become a LLC). The insurance of the at fault driver will not pay lost revenue. The correct insurance to have for that is Business Interruption Insurance. You cannot ask an insurance company to pay for a peril that is not covered. The Uber driver has to sue the responsible party in court to collect anything more then property damage and bodily injury. I highly suggest you guys learn about commercial driving in your state. Not only do we insure each vehicle and driver, but we have a General Aggregate Policy for the company. No matter what Uber says, you are still commercial driving. It might not be a bad idea to get an hour of legal consultation.


You have the right idea but this isn't 100% of how it works. PIP/ Med pay does include consideration for lost wages under the policy terms. The term used in the dec page for this coverage is misleading, it is actually a no-fault type coverage offered on the personal auto insurance policy with the intention of avoiding small claim suits.

Even if you did set up an LLC and took out a GL policy the business income with extra expense limit will not cover lost wages. Auto Liability exposures and work comp exposures are specifically excluded on GL policies. It will cover loss of use exposures on a tractor not licensed for road use but won't cover the tractor if it is licensed for road use unless it is at the site named in the policy. If you had your own commercial auto policy it also won't respond to your loss of use resulting in loss of wages. What it would do is pay for the cost accrued on a temporary replacement vehicle so you can keep driving. The very real problem there for you is that you can't Uber in a rental which makes it harder for them to properly indemnify you. The current insurance products on the market aren't designed to deal with Ubers unique situation. They went through the same problem with food trucks but many insurers developed tailored programs specifically for Food Trucks.

Notify Uber of the accident per the app then call Uber's insurance agent their phone number is listed on the cert. The agent representing them is Marsh file a claim with them they will hop on it. The carrier for Uber is James River you can also reach out to them to file a claim. You can't collect from both companies but it is good to get the ball rolling. In some cases one carrier will pay the not a fault party then just subrogate it from the other carrier.

I work in insurance.


----------



## Older Chauffeur (Oct 16, 2014)

V6-
I have just a couple of things to add to what's been written here. When it comes to replacing your vehicle, ask the adjuster to prove his valuation of your car, if it doesn't seem fair to you. He should be able to find at least a couple of examples on the market with similar mileage and in similar condition, and give you the out the door price to buy one of them. If it is repairable, and they recommend a shop, they and the shop should guarantee the repairs as long as you own the car.
If you do wind up dealing with your own insurance, you can always ask them to cover your car and in turn collect from the other insurance company. How this would work if they didn't know about your TNC driving, I'm not sure. Good luck to you.


----------



## CityGirl (Nov 29, 2014)

SEAL Team 5 said:


> I thought Uber's insurance only starts once you accept a fare (ping). You're still on your own when you have the app on and have not accepted a fare. That was the argument in that San Fran case. Correct me if I'm wrong.


That *was* the case at the time of that accident 12-31-2014. There is a different system in place now, which every driver should be familiar with.
This is the info for California
https://newsroom.uber.com/insurance-update-for-california-driver-partners/


----------



## SumGuy (Jul 29, 2015)

Yes, you tell them, the claims adjuster that you will also be filing a loss of wages claim. Your a business owner and make your money with your car. Also demand a rental like said.


----------

