Who Is Responsible for an Uber Accident?
Who is responsible for an Uber accident depends on how the accident occurred and who caused it. Although Uber hires drivers on a contract basis, Uber offers insurance coverage to protect passengers or other parties that are injured if the driver causes an accident.
When Uber is liable for an accident depends on the circumstances of the accident, if the driver was on the clock, and who was responsible for causing the accident. An Uber accident lawyer in Fort Lauderdale can help you determine the liable party(s) and get the compensation you deserve.
Establishing Liability in an Accident
In an Uber accident, liability for damages may depend on the following circumstances:
The Rideshare App is Off and Inactive
If the driver is operating the Uber vehicle while the app is off, and the accident is their fault, then the driver covers the costs of the accident. Therefore, they must use their own insurance plan to pay for all damages, including an Uber accident injuries and vehicle damage.
The Rideshare App is On, Driver is Working, Car is Empty
If the rideshare app is on and the driver caused an accident while waiting to be matched with a passenger, then the driver is liable for the accident. However, in many cases, insurance companies will deny claims for accidents that occur when the policyholder is acting as a rideshare driver. For this reason, Uber has a contingency policy that covers any injuries the driver causes in this situation.
The Rideshare App is On, Driver is Working, On Way to Pick Up Passenger/Has Passenger in Car
If the driver is en route to pick up a passenger or has one in the vehicle and causes an accident, Uber is liable for the accident. Uber insurance will provide coverage for the other passenger and any other injured party(s).
Uber Car Accident Insurance Amounts
Uber provides different levels of insurance, depending on the circumstances of the accident. Insurance coverage may include:
When the driver is driving for personal reasons (not on the app), the driver assumes full responsibility for the vehicle. Uber does not pay out.
When the driver is waiting to be matched with a rider, but they are not on the way to pick someone up, Uber provides contingency coverage for any accident the driver caused. Coverage includes:
- $50,000 per injured person
- $100,000 per accident
- $25,000 property damage liability
It is important to note this coverage only applies if the driver’s personal policy refuses to payout.
When the driver has accepted a ride trip and is on the way to pick up the passenger, Uber provides liability coverage of up to $1 million.
This period is when the rider is in the car. It ends when the driver drops the passenger at their destination. Uber provides liability coverage of up to $1 million.
Periods 2 and 3 also include uninsured and underinsured motorist protection if another driver causes the accident and is uninsured or underinsured.
Gathering Evidence to Support Your Claim
Like most insurance companies, Uber does not just payout any accident settlement. They will request proof of liability and require you to demonstrate the value of your case. Since this can be a complicated claim for you to handle, you may want to hire an Uber accident lawyer who can help establish liability and estimate the amount of the settlement.
There are several sources that you may be able to pull from to gather evidence of your claim, such as:
- Eyewitness accounts of the accident
- The official report created by the officer on the scene
- Photos or videos of the damaged vehicles
- Your medical reports, bills, and out-of-pocket expenses
- Expert testimony that verifies your claim
An Uber accident lawyer can investigate the accident, obtain all the evidence, and then start building your case. Your lawyer will work with you to establish that the Uber driver was at fault for the accident and that Uber is liable for your injuries.
What Happens When Uber’s Insurance Company Calls You
In an Uber accident, you are likely to hear from multiple parties who will ask you questions about the accident. For instance, the Uber driver, the driver’s insurance company, Uber, or Uber’s insurance company may call and want to know more about the incident.
With so many possibilities and multiple lines of communication, you may want to limit what you tell anyone over the phone. Your Florida Uber accident lawyer can handle correspondence with all parties on your behalf to ensure that all information is accurate and that no dialogue incriminates you in any way.
Before speaking with Uber or the insurance company, your attorney can go over the facts of the case, review the police report and all evidence, and listen to your story to make sure that the facts of the case are not distorted.
What Damages You Can Claim Against Uber
The damages you can claim are similar in any vehicle-related injury case. Some examples of damages you can submit include:
- All medical-related expenses from your Uber accident injuries
- Long-term care such as physical therapy or rehabilitation
- Lost wages from time off work
- Disability or disfigurement
- Non-economic damages such as pain and suffering
The total value of your case depends on the circumstances of the accident and the extent of your damages. We will work to get you the maximum amount possible for all of your expenses or financial losses.
Find Out More About Your Rights in an Uber Accident
If you were injured in an Uber accident and are looking for legal representation for your case, then contact the Law Offices of Wolf & Pravato. We offer legal services for victims of ride share accidents. Call us today for a free case review at 954-633-8270. We can help you get the compensation you deserve for your losses.