Yes, if you have been injured in a rideshare accident in Alberta and are unable to work, you have clear pathways to claim for lost wages. The process involves specific steps under Alberta’s insurance laws, starting with your own insurer and potentially leading to a claim against the at-fault driver.
Your focus should be on recovery; we can handle the complexities of your claim. An experienced Alberta rideshare accident lawyer at MNH Injury Lawyers can guide you through every step. If you’re worried about lost income after a rideshare accident, call MNH Injury Lawyers at (888) 664-5298 for guidance.
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The Two Paths to Recovering Your Lost Income in Alberta
After an accident, the law in Alberta provides two main avenues to address your financial losses from being unable to work. Think of it as a two-part system designed to provide both immediate support and long-term accountability. These paths are governed by the provincial Insurance Act and the terms of the standard auto policy used across the province.
The first path is your immediate safety net. The second is the route to full and fair compensation. Both are necessary to protect your financial stability after a serious injury.
Part 1: Section B “No-Fault” Benefits
This is your first line of support. It is a mandatory part of every auto insurance policy in Alberta, including commercial policies for rideshare vehicles. It’s called “no-fault” because you can access these benefits from your own insurance company, or the insurer of the vehicle you were in, regardless of who caused the accident. This ensures you get prompt access to benefits without waiting for a final decision on fault.
Part 2: A Tort Claim (A Lawsuit)
This is the second step, taken when your losses are greater than what Section B covers. This claim is made against the at-fault driver (and their insurance) to recover the remainder of your lost income, as well as damages for pain and suffering.
What Are Section B Accident Benefits and How Do They Help with Lost Wages?
Who Is Covered?
The source of your Section B benefits depends on your role in the accident:
- As a passenger: You are covered by the insurance policy of the vehicle you were in—in this case, the rideshare vehicle. Rideshare companies like Uber and Lyft are required to carry commercial insurance that provides these benefits for their passengers.
- As a rideshare driver: You are covered by your own commercial rideshare policy. Your personal auto policy will not cover you while you are working.
- As a driver, cyclist, or pedestrian hit by a rideshare vehicle: You claim through your own auto insurance policy first.
The Specifics of the Disability Benefit
When an injury prevents you from working, Section B provides a disability benefit. Here is how it works:
The Waiting Period: It is important to know that benefits are not payable for the first seven days of disability. This is a hard rule under the policy. You will not receive income replacement for that first week.
The Calculation: The benefit is calculated as the lesser of 80% of your gross weekly earnings or a maximum of $600 per week.
This means your weekly benefit cannot exceed $600, even if 80% of your income is higher.
Duration: These benefits are available for up to 104 weeks (two years) from the date of the accident, as long as you remain unable to perform the duties of your job. To continue receiving them, your disability must be ongoing and medically supported.
How We Handle Your Section B Claim
Securing these benefits requires prompt and accurate paperwork. We will ensure the necessary forms, like the AB-1 Notice of Loss and Proof of Claim, are filed correctly and within the required timeframes. We will also coordinate with your medical team to provide the insurer with the necessary proof that your injuries, whether a brain injury, spinal cord injury, or serious soft tissue damage, prevent you from working.
What if Section B Isn’t Enough? Pursuing a Tort Claim for Full Income Loss
The $600 per week maximum is usually not enough to cover the full extent of your lost income. This is especially true after a serious injury like a traumatic brain injury or a spinal cord injury that may have permanent consequences. The next step is a tort claim.
What is a tort claim?
In simple terms, a tort claim is a lawsuit. It’s the legal process for holding the person who caused the accident financially responsible for the full scope of the harm they caused. Unlike Section B, which is about immediate needs, a tort claim is about making you whole for all of your losses, present and future.
This includes claiming for:
- Past Income Loss: This is the difference between what Section B paid and what you actually would have earned up to the point of settlement or trial. This includes your full salary, plus any lost overtime, bonuses, or commissions you can document.
- Future Income Loss (or Loss of Earning Capacity): This is compensation for the income you will be unable to earn in the future because of your injuries. This is a major component of claims involving permanent injuries that affect your ability to work in your chosen field or at all.
Other losses: The tort claim is also where you seek compensation for your pain and suffering, as well as other out-of-pocket expenses not covered elsewhere.
Pursuing a tort claim is a more involved process, requiring negotiation with the at-fault driver’s insurance company. It is a step you should not take without legal guidance.
How Does the Minor Injury Regulation Affect My Claim?
You may have heard about “The Cap” in Alberta. This refers to the Minor Injury Regulation (MIR). It is one of the most misunderstood parts of an injury claim.
What It Is
The MIR places a limit, or cap, on the amount of money that can be awarded for pain and suffering damages for certain minor, soft-tissue injuries. These are defined as sprains, strains, or whiplash-associated disorders (WAD) that do not result in a “serious impairment.” The government adjusts the cap amount annually for inflation, and a lawyer can tell you the current limit.
What It Is NOT
The MIR is not:
- A limit on your lost wages. The cap does not apply to your claim for lost income, either past or future. Your wage loss claim is entirely separate and is based on the evidence of your actual financial losses.
- A limit on your other financial losses. The cap also does not apply to your claims for medical costs, future care needs, or other out-of-pocket expenses. These are claimed separately.
Why This Distinction Matters
You may hear that your entire claim is “capped.” This is incorrect. Furthermore, determining if an injury—even a soft tissue one—falls under the cap is complicated. An injury that results in a “serious impairment,” which is a substantial inability to perform your job, schooling, or normal activities, is not considered minor and is not capped.
We will assess the medical evidence to determine if the Minor Injury Regulation applies to your claim for pain and suffering. More importantly, we will ensure it is not incorrectly applied to limit your separate and uncapped claim for lost wages.
What Do I Need to Prove My Lost Wages Claim?
A successful lost wages claim—whether for Section B benefits or a tort claim—depends on clear proof. The burden is on the injured person to document their losses thoroughly.
Key Evidence We Will Help You Gather
The evidence required depends on your employment situation before the rideshare accident.
- For Employed Individuals:
- Letter from Your Employer: This letter should verify your job title, duties, salary or wage, regular hours, and the specific dates you have missed from work due to your injuries.
- Pay Stubs & T-4 Slips: We will gather pay stubs from before the accident to establish a clear earnings pattern. Your tax documents, like T-4 slips, provide a formal record of your annual income.
- For Self-Employed Individuals / Rideshare Drivers:
- Tax Returns & Business Financial Statements: Proving income loss when you are self-employed is more complex. We will use your business and personal tax returns, along with profit-and-loss statements, to show your earning history. For Section B benefits, the courts have clarified that disability benefits are based on business profit, not just gross revenue.
- Invoices, Contracts, or Ride History: We will compile documents like client invoices, contracts for future work, and, for rideshare drivers, your detailed ride history to demonstrate your business activity and income stream before the injury interrupted it.
- For All Claims:
- Medical Records & Doctor’s Notes: This is the foundation of your claim. We need clear medical evidence that links your inability to work directly to the injuries you sustained in the accident.
- Expert Reports: In complex cases involving long-term disability or a diminished earning capacity, a simple letter from your doctor may not be enough. We may engage vocational rehabilitation consultants to assess how your injuries impact your ability to perform your job, and economists to calculate the full value of your future income loss over your expected working life.
FAQ for Claiming Lost Wages After a Rideshare Injury
You will claim Section B benefits from the insurance policy of the rideshare vehicle you were in at the time of the accident. Rideshare companies like Uber and Lyft are required by law in Alberta to carry a specific commercial insurance policy (the S.P.F. No. 9) that includes this coverage for their passengers.
No. When you are using your vehicle for commercial purposes—meaning, you are logged into the app and available to accept rides—your personal policy will not provide coverage. You must have a specific commercial or rideshare insurance policy. This policy will include the Section B benefits you need to claim for lost income.
Potentially, yes. While you cannot claim for past lost wages if you were not earning any, a claim for future loss of earning capacity can still be made. To do this, we would need to show that your injuries will prevent you from obtaining work you otherwise would have. This involves a detailed look at your work history, education, skills, and your job prospects right before the accident occurred.
This is a serious concern, but there is a safeguard. We would look to the Family Protection Endorsement (SEF 44) on your own auto policy. This is an optional but highly recommended form of coverage that provides additional funds if the at-fault driver is underinsured or has no insurance at all. Rideshare companies in Alberta are also required to carry significant third-party liability coverage, typically $2 million, which helps protect against this scenario.
Yes. A claim for lost income is not limited to your base salary. It should include all the income you would have reasonably earned if the accident had not happened. This includes documented tips, regular performance bonuses, and a consistent pattern of overtime pay. Strong documentation is key to proving these additional losses.
Let Us Secure the Compensation You Need to Move Forward
When an injury from a rideshare accident stops you from working, we know the financial stress is immense. You see the bills piling up while your income has disappeared. You do not have to carry that burden alone.
The legal framework in Alberta provides a clear path to recovering your lost wages, but it requires careful documentation, adherence to deadlines, and a thorough understanding of the system. An error in your application or a misstatement to an adjuster could seriously jeopardize your claim.
As an experienced Alberta personal injury lawyer handling rideshare injury claims in Alberta, we manage the entire process for you—from the initial Section B application to pursuing a full and fair settlement through a tort claim. Let us handle the insurance companies, the paperwork, and the legal arguments so you can focus on what truly matters: your health, your recovery, and your family.
Call MNH Injury Lawyers today at (888) 664-5298 for a no-obligation consultation about your claim.
