Will my Lyft lost earnings be paid out of the defendant’s property damage policy limit or bodily injury policy limit?
Good question. The answer depends on whether your ridesharing lost earnings are due to your injuries, or due to not having an operable car.
IF YOU CAN’T DRIVE FOR UBER OR LYFT DUE TO INJURIES: In this situation, the defendant’s insurance company (or Uber or Lyft’s insurance carrier if the at-fault driver had no insurance) will classify your ridesharing loss of earnings claim (aka “downtime claim”) as part of your bodily injury claim since it arises out of your injuries. The claim will be paid from the “bodily injury policy limit.” It won’t be paid until your bodily injury claim settles.
IF YOU CAN’T DRIVE FOR UBER OR LYFT DUE TO INOPERABLE CAR: The defendant’s insurance company will classify your ridesharing lost income claim as part of your property damage claim. The claim will be paid from the “property damage policy limit.” In this case, you can demand that the insurance company pay you right away. This is true whether you’re making the claim against the defendant’s insurance, or whether you’re making an uninsured motorist claim under Uber’s or Lyft’s insurance. You don’t need to wait until your injury claim settles. If you drive for Uber or Lyft, that lost income is probably significant to you and you likely need that money NOW. We will demand that the insurance send payment right away. We will just need from you documentation of your Lyft/Uber earnings history, so that we can calculate a per diem average earnings which we can submit to the insurance carrier.