Rear-Ended without experience ... Uber Driver

[maclaw2]

I got rear ended by a vehicle with alot of speed while driving for uber. ( California )
Thanks be to God I only have minor injuries.

Even though the other car drove into my car from behind ( I think by law he is partly at fault because you always have to have enough distance to the car in front of you to be able to break early enough to avoid an accident ) I feel that it was my fault, because I have not safely switched the lane.

I know that while I'm on the way to pick up a passenger Uber's insurance is responsible.
My question is, would I be able to claim a compensation for earning losses for this week ?

 

[adjusterjack]

Even though the other car drove into my car from behind ( I think by law he is partly at fault because you always have to have enough distance to the car in front of you to be able to break early enough to avoid an accident ) I feel that it was my fault, because I have not safely switched the lane.

Never, ever, say that to anybody, not anybody. Don't even say it when you look in the mirror. Don't even think it. When somebody rear ends you they are presumed to be negligent for following too closely, speed too fast for conditions and/or failing to control their vehicle.

It's up to them to prove, with evidence, that you did something to contribute to the accident.

You have the right to remain silent, I hope you have the ability.

I know that while I'm on the way to pick up a passenger Uber's insurance is responsible.
My question is, would I be able to claim a compensation for earning losses for this week ?

Workers compensation will cover your medical bills from day one but earnings coverage has a week's waiting period so if you only have a week's downtime due to the injury, you don't get paid for it. Just make sure you fill out a workers comp claim form and your employer files it with the insurance company.

Looks something like this:

http://www.iwcc.il.gov/ia1form.pdf

Keep in mind you can also make a personal injury claim against the driver that hit you, that would include all the med bills, all the lost earnings, plus pain and suffering but you would have to reimburse WC for the part that WC paid.

 

[quincy]

... My question is, would I be able to claim a compensation for earning losses for this week ?

That is a good question, considering what has been going on with Uber (and Lyft) in the California courts.

Of interest to you might be O'Connor v. Uber Technologies, Inc., 13-cv-03826, United States District Court, Northern District of California, San Francisco. Here is a link to the court activity through August 18: http://www.cand.uscourts.gov/EMC/OConnorvUberTechnologies

Also of interest, to see where the Uber case potentially could be headed, might be the preliminary settlement agreement in Cotter v. Lyft, Inc., 13-cv-04065, United States District Court, Northern District of California, San Francisco. Here is a (time-limited) link to the agreement: https://www.scribd.com/doc/296859430/Cotter-v-Lyft-Settlement-Agreement

You might want to speak to an attorney local to you to ask about worker's compensation for Uber drivers.