Can I claim lost earnings after a non-fault accident?
Yes, in principle. If another driver was at fault, the losses that flow from their negligence can include the income you could not earn because your vehicle was off the road. For a licensed driver that is usually framed as loss of profit rather than loss of wages, because you are trading rather than employed.
It is a real head of claim and drivers do recover it. But it is not the easy option, and it is not usually the biggest number.
Why a replacement vehicle usually beats a loss of earnings claim
Because of a principle called mitigation.
You are expected to take reasonable steps to keep your losses down. If a plated replacement was available and you turned it down, or never asked, an insurer can argue that the fares you lost afterwards were avoidable. That argument can reduce what you recover, sometimes to nothing for the period a vehicle could have been supplied.
Put plainly: a driver who takes a plated vehicle and keeps working has a clean, well understood claim for the hire charge, recovered from the at-fault driver's insurer, which is how credit hire works. A driver who stays at home has a harder claim, for a number they have to prove, against an insurer with every reason to dispute it.
One earns while the claim runs. The other waits.
What you would have to prove
If you do claim lost earnings, the burden is on you to evidence it. Expect to need some or all of:
- Accounts or tax returns showing what you normally earn
- Platform statements from Uber, Bolt, or your operator, covering a representative period
- Records of takings for the weeks either side of the accident
- Evidence of your running costs, because the claim is for lost profit, not lost turnover
- A clear record of why no suitable vehicle was available to you
That last point catches people out. If you cannot show you tried to get back on the road, the rest gets harder. Our page for Uber and PHV drivers covers what to ask for and when.
Gathering that takes time. Disputing it takes longer. It is not unusual for a loss of profit argument to run for months after the vehicle side of a claim has been settled and forgotten.
What if no plated vehicle is available?
Sometimes there genuinely is not one. Plating rules differ between licensing authorities, some operators require their own livery, and specialist vehicles such as wheelchair accessible taxis are thinner on the ground. Our taxi solutions page sets out the fleet we hold.
If that is your situation, document it. Note who you asked, when, and what you were told. That record is what supports a lost earnings claim later, and it is exactly the evidence insurers ask for.
If a vehicle can be supplied and you take it, you are back earning. If one genuinely cannot, you have the beginnings of a properly evidenced claim. Either way you are better off than doing nothing.
What to do in the first 24 hours
- Report the accident and get the other driver's details.
- Ask about a plated replacement straight away, before you start thinking about a claim for lost fares. The sooner the search starts, the shorter your downtime.
- Keep every record. Takings, app statements, and who you spoke to about a vehicle.
- Speak to a solicitor about the claim itself. We supply vehicles and manage the hire. We are not solicitors and loss of earnings is a legal claim, so take advice on it from someone qualified to give it.
Need a replacement vehicle now?
If your car is off the road after an accident that was not your fault, call us on 01606 662300 and we will tell you straight away what we can get you and how quickly. Lines are open Monday to Friday, 8am to 6pm, with after-hours support available.