What Happens if My Uber Driver Gets in an Accident?
After suffering injuries while riding in an Uber, you likely have many questions about what happens next. Some of the most common questions we get from people who were injured in an Uber accident include:
- What happens when these accidents occur?
- Who pays for damages?
- Can I sue Uber, or is it the driver’s own auto insurance coverage that matters?
The answers to these questions depend on many factors of your case. Like so many other motor vehicle collisions, the aftermath of an Uber accident is rarely black and white.
Several details regarding the crash will need to be taken into account, including who was at fault, whether the Uber driver had a passenger, and the extent of the damages.
Was the Driver Actively Driving for Uber at the Time of the Crash?
The specific insurance requirements for the state in which your accident occurred can impact your financial recovery after an Uber accident. However, the most important factor in determining the insurance coverage that applies after an accident with an Uber driver is the driver’s status at the time of the accident.
App Not Activated
Uber carries an insurance policy that activates when a driver is active, meaning they have the app turned on. When a driver does not have the app turned on, Uber doesn’t offer any coverage.
If you were hit by an Uber driver who wasn’t actively looking for a ride or carrying a passenger, you can still file a claim, but you will need to file a typical car accident claim and seek compensation through the driver’s private auto insurance company. If your damages exceed their coverage limits, you may need to file a lawsuit against the driver for additional damages.
App Activated but No Ride Accepted
However, if the driver did have the app turned on when the crash occurred, Uber covers bodily injury/death and property damage up to certain limits. These limits depend on the circumstances.
If the Uber driver had the app turned on and was looking for a ride but hadn’t yet accepted one, Uber would provide up to $50,000 in bodily injury/death per person and up to $100,000 in bodily injury/death per accident, as well as up to $25,000 in property damage per accident.
Even though Uber’s insurance policy takes effect in these cases, you must still first pursue compensation from the driver’s insurance policy. If your damages exceed the driver’s coverage limits, you can file a claim with Uber’s insurer. If your damages are still not fully covered, you can file a lawsuit to recover the full value of your losses.
App Activated and Ride Accepted
If the driver had accepted a ride and was on the way to pick up a passenger or was already carrying a passenger when the accident occurred, Uber offers up to $1 million in coverage.
If you are the passenger of an Uber that gets into an accident, or if you were hit by an Uber driver who was on his way to pick up a passenger or was carrying a passenger, this coverage applies.
It’s important to note that this coverage does not necessarily kick in automatically. In fact, it will only be applicable when the driver’s own liability insurance is not sufficient to cover the damages. If your damages still exceed all insurance coverage, an experienced Uber accident lawyer can help you pursue a lawsuit for additional compensation.
What to Do After the Accident
There are many steps you can take to protect yourself after an accident. Taking the right steps can be critical for both your health and financial stability.
Seek Medical Attention
The first, and most important thing to do after any accident, including one involving an Uber, Lyft, or other rideshare vehicle, is to assess your injuries and get immediate medical help if needed.
If you believe you didn’t suffer any major injuries in the accident and it’s now been a few hours or days, make an appointment to see your doctor. You could have underlying injuries or injuries that will worsen over time without treatment. Your health and well-being are of the utmost importance.
Report the Crash to Law Enforcement
It’s also important that you report the accident to the police if you haven’t done so already. Additionally, as soon as possible after the accident, document everything that happened and collect any available evidence, including witness statements (if possible) and pictures of the accident scene and your injuries.
Don’t Give a Statement
After the accident, you may be contacted by Uber, their insurance provider, or the insurer of the Uber driver and asked to give a statement. You do not have to provide a statement to Uber or an insurer, nor is it recommended that you do so.
Instead, reach out to an experienced Uber accident attorney who can help you understand your legal options and protect your rights. Remember, anything you say to Uber or an insurer in a statement could be potentially used later to deny your claim.
Can Uber Deny Accident Claims?
In short, yes, and they often do. Like any insurance company, Uber’s insurance provider is in the business of making money, and denying claims is one of the surest ways of cutting costs. Uber might deny your claim by arguing that its driver was not at fault for the accident or simply denying that they are liable.
Because Uber doesn’t classify its drivers as “employees,” it can deny claims when a driver is distracted, drunk, or driving negligently.
If your claim is denied, you can file a lawsuit against Uber in order to seek damages. It is absolutely critical that you work with an attorney who is experienced in handling these types of cases, as the law is incredibly complex regarding Uber accidents and liability.
Settling or Going to Court
The majority of Uber accident claims are resolved through settlements. Settling means you avoid a lengthy court process and get the money you need more quickly.
While your case is likely to settle, it is always important to be ready and prepared to take your case to trial. There is always the possibility that the other side will be unwilling to agree to a fair settlement deal. Furthermore, by showing a willingness to go to court, you will gain leverage during negotiations and likely be able to secure a better deal.
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Get Help From an Experienced Uber Accident Lawyer Today
In Los Angeles, Uber is everywhere, with an estimated 100,000+ rideshare drivers on the road. If you were involved in an accident with an Uber driver, whether as the passenger of the Uber, the occupant of another vehicle, a bicyclist, or a pedestrian, we encourage you to reach out to our attorneys at Omega Law Group Accident & Injury Attorneys for a free consultation.
We have extensive experience in this particular area of law and are well-versed in the legal intricacies involved. Our firm has recovered millions of dollars on behalf of our clients, and we are not afraid to take your case to court. Contact us today to learn more about what happens if you are involved in an accident with an Uber driver.
