QLD Car Accident - Claim for Loss of Income Valid?

Discussion in 'Traffic Law Forum' started by The Dude, 10 May 2018.

  1. The Dude

    The Dude Member

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    I was involved in a minor car accident with an Uber driver, in which I was at fault. My comprehensive insurance covered the repairs to his vehicle, however, now they are claiming "loss of income" due to their time off the road for repairs. They have directed this claim to me as their car insurance company will not deal with it.

    Is this a valid claim and how should I deal with it?
     
  2. Tim W

    Tim W Lawyer
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    Start by talking to your insurer.
     
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  3. The Dude

    The Dude Member

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    Thanks Tim
     
  4. Adam1user

    Adam1user Well-Known Member

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    Other option, see if there is hire car, which the other party can use.
    Other point, is how much would the other party be asking? for each day? how is that going to be quantified?
     
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  5. Rob Legat - SBPL

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    On a very basic stance:

    I doubt they’ll be able to use a hire car for Uber. I believe that Uber requires every car used is checked out by them, and in any case I foresee that the hire agreement will specifically state that they cannot use the car as a vehicle for hire.

    Secondly, good luck to them trying to make a case for pure economic loss with respect to what is an ad hoc form of income.
     
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  6. Tim W

    Tim W Lawyer
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    I agree with @Rob Legat - SBPL.

    I would add that the cost of a rental car (even for solely private use)
    can often also be claimed from the at-fault party.

    And even if, as @Rob Legat - SBPL points out, the loss can even be quantified,
    any claim for the cost of a rental car might be reasonably defensible
    if using that rental car for business/profit/ gain is in breach of
    any term of any agreement between any of the three parties (insurer, insured, and car rental company).

    Further, if I was defending that claim, I'd want proof that the Uber driver was indeed a business (using the ATO test), and operating wholly lawfully (according to the passenger vehicle legislation in the relevant state).
    Because if they're not both those things, then I'd be contemplating the proposition that they were
    not even an entity capable of incurring a recoverable commercial loss.
     
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    #6 Tim W, 11 May 2018
    Last edited: 11 May 2018
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