Uber, Lyft, and other ride-share app companies have transformed how people get to where they need to go. The Uber app allows you to connect with a nearby Uber driver to call for a ride so that you can go where you want at a lower price than the cost of a taxi. Many people use the Uber app every day in California.
While an Uber can be a convenient mode of transportation, an Uber accident can present novel issues of liability for which most people are unprepared. If you have been injured in an Uber accident, you should talk to an experienced Uber accident lawyer Palo Alto as soon as possible.
Liability issues in an Uber accident
Uber accidents present unique liability issues that are not present in other types of motor vehicle accidents. In other commercial vehicle accident claims, injured victims may be able to go after the companies that employ the drivers to seek compensation.
Uber argues that its drivers are independent contractors instead of employees to avoid vicarious liability. However, it is still possible to recover compensation for your injuries when you are injured in an Uber accident. There may be issues about whose insurance policy will apply in an Uber accident, however.
Insurance in Uber accidents
After an Uber accident, you might recover compensation for your losses and injuries. You will first need to determine whose insurance will apply. If another driver was at fault for your accident, you can seek compensation from that driver’s insurance company. If the Uber driver was at fault, you might recover compensation from the Uber driver’s policy and from the additional insurance that is provided by Uber.
Uber drivers are required to carry insurance just like all other drivers in California. However, if they do not have ride-sharing insurance policies or endorsements on their insurance policies for using their vehicles for ride-share services, their companies will likely deny claims. Most insurance companies have exclusions on their regular policies when their policyholders use their cars for commercial purposes.
The amount that you might be able to recover from the insurance that is provided by Uber will depend on the driving period that the Uber driver was in. Uber pays different amounts based on whether its app was turned on, whether the driver was on the way to pick someone up, and whether the driver was actively transporting a passenger at the time of the accident.
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Uber's Insurance Coverage: Different Scenarios
- App off: Uber's insurance doesn't apply; claim against the driver's insurance only.
- App on, waiting for a ride: Supplemental insurance from Uber – $50,000 per person/$100,000 per accident for bodily injury, $25,000 for property damage.
- En route to pick up a passenger: Up to $1 million in supplemental bodily injury coverage from Uber.
- Transporting a passenger: Up to $1 million in supplemental bodily injury coverage and $1 million in uninsured/underinsured motorist (UM/UIM) coverage from Uber.
If the Uber driver is actively going to pick up a passenger who has called for a ride at the time of the accident, Uber provides supplemental coverage of up to $1 million for bodily injury coverage. If the Uber driver was driving a passenger at the time of the accident, Uber provides up to $1 million in bodily injury coverage and $1 million in UM/UIM coverage.
Uber’s insurance is supplemental, meaning that it will only pay after the driver’s insurance policy has met its policy limits. Once that occurs, Uber’s insurance will pay up to its policy limits for the particular period that the Uber driver was in. If you are the passenger of an Uber in which both the other motorist and the Uber driver share fault, you can seek to recover compensation from both drivers as well as from Uber.
Be wary of quick settlement offers
Insurance companies sometimes send early settlement offers to injury accident victims. They do this to try to get the victims to agree to accept much less than their claims might be worth. You should never accept an initial settlement offer from an insurance company before talking to an experienced Uber accident lawyer Palo Alto.
An attorney can review your case and determine how much it is worth so that you do not accept an offer that is insufficient to compensate you for all of your losses. A lawyer may also help you to figure out which insurance policy might apply or if you might be able to access compensation from multiple sources of recovery.
Contact an experienced Uber accident lawyer today
Being injured in an Uber accident can be overwhelming. Getting help from an experienced Uber accident lawyer can help you to figure out how much your claim might be worth and the insurance policies that might apply. Contact the San Jose Personal Injury Attorneys today by calling us at (408) 217-1778.
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