Are Uber drivers and 99 people absent from work due to road accidents entitled to receive compensation for what they no longer earn?
*Co-author with Anderson Fortti
Our civil code, in its article 927, says that whoever causes damage to others is obliged to repair it. Therefore, it is natural that in a road accident the culprit should compensate the damage, compensating whoever did not cause the accident.
- Quote from WhatsApp: requirements and court decisions
- I found a hidden camera in my Airbnb. Have I been the victim of a crime?
But what is the situation like for those who work with the vehicle? Should lost profits also be compensated? The answer is, it depends!
What is loss of earnings?
The definition of loss of profit is found in the civil code, which, in its article 402defines it as the amount someone reasonably failed to earn due to an event.
Therefore, if an application driver involved in an accident cannot return to work immediately after the accident, either because his vehicle has broken down and requires repairs, or because the same driver has had some health sequelae which prevents him from carry on his business, he will certainly cease to receive income during the moving period. This same reasoning also applies to cases of theft or theft.
Having said that, here are the reasons why our initial response was “it depends”.
To do this, we will analyze four different scenarios, which correspond to the most common situations:
- Application driver with vehicle insurance
- Application driver without vehicle insurance, but the third party who caused the accident has insurance
- The application driver without vehicle insurance and also the third party who caused the accident does not have insurance
- App driver who caused the accident who has no insurance
First, it should be clarified that insurers will not compensate what the driver has literally and fully invoiced, i.e. the gross amount that the driver will receive from claims.
Our research indicates that insurance companies typically calculate a per-workday average after subtracting the daily expenses that all drivers have, such as fuel, parts, depreciation of assets, any taxes, and more. In their opinion, therefore, an average deduction of 40% of the gross amount received by the driver should be envisaged to calculate what he has actually lost, in order to define the net amount to be paid.
Returning to the most common situations encountered in this type of event, we begin our analysis on the assumption that one of the parties involved has insurance that covers material damage.
1. Application driver with vehicle insurance
In this scenario, the app driver will certainly receive compensation for lost income from the insurer, provided that there is property damage cover and most importantly, his professional activity has been disclosed to the broker and duly included in the policy when the insurance contract is concluded. The omission of the activity may lead to the denial of various coverages of the contracted insurance.
Each insurer has a procedure to follow, but they usually require:
- Statement from the workshop informing how many days the vehicle was there for repairs;
- Transport application screens with registered vehicle identification and journey summary for the last 3 months prior to the accident;
- Bank statement proving the transfer of the application; AND
- Vehicle document proving ownership.
2. Driver of the application without vehicle insurance, but the third person who caused the accident has insurance
In this scenario, the same considerations as above apply. The difference is that the third party who caused the accident will have vehicle insurance and its coverage will have to cover third party protection as well as material damage.
3. The driver of the vehicle without insurance claims and the third party who caused the accident also does not have insurance
Here the situation is already rather delicate and dialogue will contribute a lot to a good understanding.
Since the third party who caused the accident does not have vehicle insurance and neither does the app driver, there is no need to talk about any insurer paying compensation for lost income.
This obligation will be the exclusive responsibility of the third party responsible for the accident, both for the sums necessary to repair the vehicle and for the loss of profit itself.
The app driver is advised to expose the whole situation to the person who caused the accident and come to an agreement.
If the person who caused the accident is unwilling or unable to pay, it will be up to the driver to seek out a trusted lawyer to advise him. If the sums at stake do not exceed the equivalent of 40 minimum wages, those making a loss can apply directly to the Special Civil Court of their locality, the current name of what many still know as “small disputes”, where there is no need to assume a lawyer for the filing of legal actions that do not exceed the value of 20 minimum wages (in cases between 20 and 40 minimum wages, it is mandatory to have a lawyer).
4. Claim driver who caused the accident who does not have insurance
Here we are faced with the worst possible scenario! And the hardest thing to do! It is unlikely that a person engaged in this activity would face such a risk, as they would be driving a vehicle for many hours a day, without any protection against accidents, having not only discovered their possessions, but also risking having to compensate injured third parties in the event of an accident.
However, if this is your situation, unfortunately, it will be necessary to cover damages for the repair of the vehicle itself, for any third parties and, of course, not invoice while the vehicle is not in traffic conditions.
We leave our considerations here and reiterate that taking out auto insurance is of fundamental importance for those who work in this sector, guaranteeing not only coverage of lost earnings, but also protecting the assets of third parties, avoiding losses and allowing them to act with less concern , even if necessary to stop the activity in case of injury.
Trending on Canaltech:
- An object hit the moon and this astronomer managed to film the impact
- Photos of the Moon with Samsung phones again cause controversy
- NASA Spotlight: Jupiter and Venus conjoined in today’s astro photo
- The movement of giant icebergs can affect marine life and ship routes
- TV Box: Anatel releases list of approved devices
- When does John Wick 4: Baba Yaga come out in Brazil?
Source: Terra
Rose James is a Gossipify movie and series reviewer known for her in-depth analysis and unique perspective on the latest releases. With a background in film studies, she provides engaging and informative reviews, and keeps readers up to date with industry trends and emerging talents.
