You have rights if you’re a passenger in an Uber vehicle that gets into an accident and you suffer injuries. You likely have many questions including, What happens if an Uber driver causes an accident? Pursuing a claim involving an Uber vehicle can be confusing and complicated. If you need assistance following an Uber accident, contact the California car accident lawyers at Beliz Law Firm. We can help you pursue a claim against the responsible parties and fight for the maximum compensation possible.
What If My Uber Driver Causes An Accident?
As a passenger in an Uber, it’s highly unlikely you have any percentage of fault in the accident. You are an innocent party unless you did something that distracted the driver and caused them to lose control. That means you should not have to pay for your own injuries and time off work. However, you must prove who is at fault for the collision to collect compensation. If the Uber driver caused the collision, Uber’s coverage would likely be the primary insurance responsible for compensating you for your injuries.
Uber Insurance Coverage
Uber has several periods of coverage depending on what the Uber driver was doing at the time of the accident.
Period 1: The app is turned off, or the driver is offline.
During this period, the driver’s personal insurance should be the primary insurance and cover damages incurred by a passenger, another driver, pedestrian, or bicyclist.
Period 2: The app is turned on, and the driver is available or waiting for a ride request.
Uber has third-party liability coverage during this period if the driver’s insurance won’t extend coverage. Applicable limits are $50,000 in bodily injury per person or $100,000 for bodily injury in one accident, and $25,000 in property damage coverage per incident.
Period 3: The Uber driver is on their way to pick up a passenger or is transporting a passenger at the time of the accident.
If you’re a passenger in the Uber vehicle, you will fall under this section. Uber’s policy limit during this period is $1 million in third-party liability insurance. If the other driver is at fault and has no insurance, this Uber policy should allow you to access uninsured motorist coverage.
Whose Insurance Pays If My Uber Driver Got Into an Accident?
Knowing who to pursue a claim against is crucial. The Uber driver’s own car insurance policy likely won’t pay for your injuries. That’s because personal auto insurance policies usually have exclusions when the car is used to hire. You likely have a claim against Uber and maybe the other vehicle’s driver depending on the circumstances.
California is a comparative negligence state. That means the Uber driver and the other party could both be responsible for the accident and collect compensation from each other’s insurance companies if they suffered injuries. Consider a situation where the Uber driver is 10% at fault, and the other driver is 90% at fault. If the Uber driver is injured, they could collect up to 90% of their damages from the other driver.
As an innocent passenger, you are entitled to pursue a claim against all responsible parties. California has joint and several liability, which means you have the right to pursue compensation from any defendant, regardless of whether they were 100% at fault. Consider the example of the Uber driver being 10% liable. You can collect your entire settlement amount from Uber, and then Uber can pursue 90% reimbursement from the other driver’s insurance company.
Unfortunately, suing an Uber driver for the accident doesn’t mean Uber will automatically pay you for your injuries. You might be caught between two insurance companies fighting over which one will pay you. This situation is something we often see in car accident claims. Insurance companies always want the other company to pay rather than paying and seeking reimbursement after the fact.
This back-and-forth can be very frustrating for an innocent passenger. That’s one of the many reasons you should hire a lawyer if you’ve sustained injuries in an Uber accident. You deserve to have your injuries paid for and to not be caught in the middle of an argument between insurance companies over who will pay for your injuries.
Contact a California Uber Accident Lawyer
If you have questions about “what happens if an Uber causes an accident” and how to pursue compensation, Beliz Law Firm is here to help. With nearly two decades of experience assisting injured car accident victims, we know how to build a strong case. Uber-related accidents are more complicated than your average car accident. Not every law firm has the necessary experience with them to help you get the compensation you deserve. Beliz Law Firm does. We understand the nuances of these types of claims and how to navigate them.
Please contact our office today to schedule a free case review to learn more about how we can help you.