Injured in an Uber Accident – Who is Liable?

Injured in an Uber Accident – Who is Liable?

Uber rides have become a common part of many people's daily lives. But what happens if you suffer an injury in an Uber accident?

If you or a loved one experiences an Uber accident, connect with our skilled legal team. Our experienced Uber accident lawyers are here to advocate for your rights and provide the support you need.

Understanding the Basics of Uber Accident Liability Issues

Uber, like other rideshare services, operates under unique rules. If you suffered an injury while using Uber, it's not always clear who is responsible. Is it the Uber driver, Uber as a company, another driver, or a combination of these?

Automobile collision on a city street, illustrating a car crash accident scene with potential damage and aftermath.

The Role of Uber Drivers

Uber drivers are not employees of Uber; they are independent contractors. This distinction is important because it affects liability. If the Uber driver is at fault for the accident, their personal auto insurance may first come into play.

Uber's Insurance Policy

Uber provides its own insurance policy, which can cover injuries. This policy is active when the Uber driver is logged into the app and engaged in a ride. However, the coverage depends on the driver's status at the time of the accident.

The details of this policy can be broken down into a few main phases:

Driver Logged Into the App, But No Ride Accepted

In this initial phase, the driver is logged into the Uber app but hasn't yet accepted a ride request. If an accident occurs during this time, Uber provides limited liability coverage.

This usually includes a certain amount per person for bodily injury (around $50,000 per person), a higher total amount per accident for bodily injury (around $100,000), and property damage coverage (around $25,000).

However, this coverage is secondary to the driver's auto insurance, meaning it only kicks in if it doesn't cover the accident or is insufficient.

Driver Accepted a Ride or During a Trip

When an Uber driver has accepted a ride request or is actively transporting a passenger, the level of insurance coverage provided by Uber significantly increases. In this scenario, the policy typically includes:

Liability Coverage

This substantial amount covers bodily injury and property damage per accident. Uber's policy in many areas offers up to $1 million in liability coverage. This comprehensive coverage should protect passengers, the Uber driver, and any third parties potentially injured or affected by the accident.

Uninsured/Underinsured Motorist Coverage

This aspect of Uber's insurance is particularly important if the accident is due to another driver who lacks sufficient insurance.

Uber's policy often includes uninsured/underinsured motorist coverage that matches the $1 million liability coverage. This means that if the at-fault party does not have enough insurance to cover the damages, or if they are uninsured, Uber's policy can provide coverage up to $1 million.

These amounts offer protection in an accident during an active Uber ride, reflecting the increased responsibility Uber assumes once a driver is engaged in a trip or en route to a passenger.

However, these figures vary based on local laws and Uber's policy changes. For the most accurate and current information, consult Uber's policy details directly or seek advice from a lawyer.

Driver Not Logged Into the App

It's important to note that Uber's insurance policy does not provide coverage if the driver is not logged into the app. In such cases, any accident that occurs falls entirely under the driver's personal auto insurance policy.

Situations Where Uber's Insurance Applies

Uber's insurance is more likely to cover damages if the driver is on the way to pick up a rider or during a trip. However, the driver's personal insurance is typically responsible if the app is off.

When Another Driver Is at Fault

Sometimes, another driver might cause an accident. In these cases, the driver's insurance usually covers damages. But what if they're uninsured or underinsured? Uber's policy might provide coverage in such situations.

Multiple Insurance Policies

Trying to understand multiple insurance policies following an Uber accident can be a difficult task, especially for someone already dealing with the stress and aftermath of an injury. In such situations, the guidance of a lawyer becomes valuable, as they can dissect the details of various policies and strategize the best course of action.

Let's consider a few scenarios to understand how a lawyer can assist in these circumstances.

Scenario Involving the Uber Driver's Personal Insurance and Uber's Insurance

Imagine you're in an accident while riding in an Uber, and the driver is at fault. The primary question is whether the Uber app was active and the driver was officially on duty. Uber's insurance policy may provide primary coverage if the driver is en route to pick up a passenger or during a trip. However, if the app is off, the driver's personal insurance becomes the primary source for a claim. A lawyer can help determine the driver's status at the time of the accident and advise on which insurance policy to approach first.

Scenario Involving Another Driver's Insurance

Suppose another driver caused the accident. In this case, that driver's insurance is typically the first place to seek compensation. However, what if that driver is uninsured or underinsured?

Uber's policy includes uninsured/underinsured motorist coverage, which can come into play. A lawyer can assist in assessing this coverage and pursuing a claim under Uber's policy if necessary.

Complex Scenarios With Multiple Parties at Fault

There are instances where multiple parties might share the fault for an accident. This can include the Uber driver, another driver, or even a third party. Each party's insurance will have its stance on liability and coverage.

A lawyer can help with these complexities, filing personal injury claims with each relevant insurance provider.

The Importance of a Lawyer

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A lawyer can guide you through the legal process. They can help gather evidence, deal with insurance companies, and ensure you receive fair compensation.

Gathering Evidence

After an Uber accident, collecting evidence like the driver's information, the accident report, and witness statements is necessary. A lawyer can assist in compiling this vital information.

Dealing with Insurance Companies

Insurance companies can be challenging to deal with. A lawyer can handle communications and negotiations with these companies on your behalf.

Determining Fair Compensation

Calculating fair compensation for injuries, lost income, pain and suffering, and other damages can be complicated. A lawyer can help evaluate your case and determine a fair amount.

Filing a Lawsuit

Filing a lawsuit might be necessary if you cannot reach a fair settlement. A lawyer can manage the legal case and represent your interests in court.

State Laws and Uber Accidents

Different states have different laws regarding rideshare accidents. A lawyer can explain how these laws apply to your situation.

The Role of Medical Documentation

Medical records are vital in proving the extent of your injuries. A lawyer can help gather and present this evidence effectively.

Future Medical Expenses

If your injuries require long-term treatment, a lawyer can help estimate future medical expenses as part of your claim.

Lost Income and Earning Capacity

If you've missed or cannot work due to your injuries, a lawyer can help calculate these losses for your claim.

Preparing for Settlement Negotiations

A lawyer can prepare a strong case for settlement negotiations, aiming to avoid the need for a lengthy court trial.

Contact an Uber Accident Lawyer

Attorney, William B Kilduff
William B. Kilduff Uber Accident Lawyer

Determining liability can be complicated if you suffered an injury in an Uber accident. A proficient personal injury attorney can help with the legal aspects, deal with insurance companies, and ensure you receive the compensation you deserve for your injuries. Remember, each case is unique, and seeking legal advice is important in protecting your rights and interests after an Uber accident.

William B. Kilduff


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If you have been injured because of someone elses negligence, contact one of our experienced personal injury lawyers for a free consultation. For your convenience, Emroch & Kilduff has two office locations in Virginia: Richmond and Tappahannock.

Contact our offices today online or by calling (804) 358-1568 to schedule a free consultation, discuss the details of your injury, and determine the best path forward given your individual circumstances.

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