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Rideshare apps revolutionized transportation but also raised new sets of challenges with situations like Uber car accidents. Usually, if you sustain injuries in an auto accident, you pursue the other driver’s insurance company, but how does that work when that driver has their own car insurance and is also insured through Uber?
Uber car accident claims aren’t too different from a normal accident claim, but there are some important factors that you should be aware of which can impact your ability to recover for your losses. Here are common questions about who gets your claims after an Uber car accident and what options may be available.
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Who Can File Uber Car Accident Claims?
Anyone involved in the following types of accidents may have grounds to file a claim against Uber:
- Accidents between an Uber driver and another vehicle during the drive
- Accidents involving an Uber driver and another car while the Uber driver was waiting for a passenger
- Passengers injured while traveling via Uber
- Uber drivers colliding with pedestrians, bicyclists, or stationary objects
Uber’s liability depends on the driver’s status during the accident. Its commercial liability policy only activates once a driver logs into the app.
Who Is Liable In Uber Car Accident Claims?
Uber drivers must exercise a standard of care. If they fail, they can be found to be negligent. For drivers, a standard of care means driving at reasonable speeds, obeying traffic signals, and maintaining vehicle safety. If an Uber driver injures another person, they may be liable.
There are circumstances where Uber may be responsible too. Rideshare companies must perform background checks to ensure that only safe drivers with no criminal records work for them. However, drivers can pass these checks and still generate client complaints. The company may be exposed to liability if a driver has a history of unsafe driving complaints and Uber keeps them on the platform.
How Does Insurance Work After An Uber Car Accident?
Uber offers commercial driver insurance for its rideshare and delivery drivers. Uber’s insurance only kicks in during the following situations:
- When a driver turns on the app and waits for a ride request
- When the driver is en route to pick up a rider
- During a trip, when a passenger is in the car
However, Uber insurance coverage varies depending on the driver’s status. Here’s how that works during the normal Uber rideshare process.
The Driver Is Offline Or Turned Off The Uber App
In these cases, a negligent driver is just like any other. If you’re injured by this driver, you file your claim with their personal insurance, even if they sometimes drive for Uber.
The Driver Is Available And Waiting For A Ride Request
Uber insurance is in effect at this point. However, it should be used as a last resort. A claimant must exhaust the driver’s personal insurance coverage first. If the driver lacks coverage, then Uber’s third-party liability coverage kicks in, which includes:
- $25,000 property damage coverage per accident
- $50,000 bodily injury coverage per person
- $100,000 bodily injury coverage per accident
Accident victims often need Uber insurance if the driver doesn’t have a rideshare endorsement on their insurance policy. It can also activate if the driver has low limits or liability-only coverage.
The Driver Is Picking Up A Passenger Or Transporting Them
While driving, the Uber insurance coverage offers more options and higher limits, including:
- $1 million third-party liability coverage
- Uninsured/underinsured motorist bodily injury and/or first-party injury insurance
- Contingent comprehensive and collision coverage provided the coverage is also available in the driver’s auto insurance policy.
- Comprehensive coverage up to the cash value of the car with a $1,000 to $2,500 deductible (depending on vehicle make and model)
The primary difference between Uber drivers and passengers is that Uber drivers don’t benefit from third-party liability coverage. That coverage is reserved for those sustaining injuries from a driver’s negligence. Drivers mainly benefit from the uninsured/underinsured motorist coverage since many personal policies have low limits in those areas.
How Do I File A Claim After An Uber Car Accident?
If you’re in an Uber car accident here are some steps you can take to start the claim process:
Establish that an Uber driver was at fault: You must first link negligence to an Uber driver. Sometimes, you won’t learn that the other driver in a crash worked for Uber until later in the claim process. However, if the driver has an Uber sign in their car or you notice Uber memorabilia on the front seat, you can likely collect remedies from Uber insurance.’
Pursue the driver’s auto insurance first: Uber offers insurance if drivers do not have rideshare coverage or maintain low coverage limits. In all cases, you exhaust your remedies with the driver’s insurance first. Once your damages exceed the driver’s auto insurance limits, or if the personal insurance denies the claim, Uber covers bodily injury up to $50,000.
Report the accident to Uber: You can report an accident through Uber’s online form. Doing so alerts Uber and its commercial carrier and gets your claim process started.
Need Help After An Uber Car Accident?
Uber car accidents present convoluted scenarios, and it can be difficult to know which insurance company to pursue first. If your Uber car accident claim presents challenges, consider getting a free initial review to better understand the options available to you.
Legal Disclaimer: This article contains general legal information but does not constitute professional legal advice for your particular situation and should not be interpreted as creating an attorney-client relationship. If you have legal questions, you should seek the advice of an attorney licensed in your jurisdiction.