Ridesharing services like Uber and Lyft have soared in popularity in recent years. But with more riders using these services, accidents inevitably happen. If you are injured as an Uber passenger or by an Uber driver, understanding liability in an Uber accident and who pays for damages can be confusing. Here is what you need to know about fault and insurance coverage when Uber accidents occur.
Uber Driver is Likely Responsible for Your Injuries
In most accident situations, Uber drivers will bear primary liability when they cause an accident that injures passengers or other motorists. Like any driver, Uber drivers have a duty of care to operate their vehicle safely and abide by traffic laws. If an investigation shows driver negligence like speeding, distraction, failure to yield, etc. caused the crash, the driver will typically be deemed at-fault.
Uber Provides $1 Million Liability Policy on Each Ride
All Uber rides are covered by a company insurance policy that includes up to $1 million of third-party liability coverage. This policy covers injuries to passengers and other parties when the Uber driver is responsible for a crash while transporting passengers or en route to pick them up. But it excludes coverage when the driver is offline waiting for a fare.
The At-Fault Driver’s Insurer May Dispute or Deny
After an Uber accident, expect the at-fault driver’s personal auto insurer to put up resistance trying to deny or limit coverage. They may claim the driver violated terms by driving for Uber. But Uber’s policy acts as a safety net in these cases to cover injuries, although getting paid can take persistence.
Filing Claims Against Both Policies is Common
To maximize your payout, work with an attorney to file injury claims against both the Uber driver’s personal policy and Uber’s third-party liability policy. While the Uber policy should pay out, tapping into the driver’s policy as well improves the chances of getting fully compensated.
Uber Passengers Give Up Some Legal Rights
Under Uber’s terms of service, passengers agree to give up their right to pursue injury lawsuits and must handle claims through private arbitration instead. However, claims can still be made against Uber’s insurance and the driver’s policy.
Proving Driver Negligence is Key
Without evidence of driver negligence, the accident may be deemed “no-fault” and it becomes harder to hold Uber or the driver liable. Work with an attorney to gather police reports, accident reconstructions, witness statements, video footage, and other evidence to build your case.
Hiring an Attorney is Highly Recommended
Navigating Uber accident claims is challenging, especially against their insurance company’s interests. Having a personal injury attorney in your corner levels the playing field and handles the complicated legal process for you while you focus on recovery.
Beware of Early Settlement Offers
Uber’s insurer may offer quick settlements to close cases fast. But serious injuries like broken bones, herniated discs, concussions, etc. can take months or years to fully manifest. An attorney can fight for higher payouts that cover long-term medical expenses and lost income.
Lawsuits Against Uber Directly Face Hurdles
While not impossible, filing a direct injury lawsuit against Uber itself is more difficult than pursuing the driver and their insurer. However, for severe crashes, Uber’s liability depends on factors like driver screening, maintenance, and training.
The time Limit to File Claim is Typically Two Years
Due to state statutes of limitations on personal injury cases, you normally have only two years from the accident date to pursue a liability claim against Uber or the driver before relinquishing your right to damages. Move promptly.
Ridesharing is a modern convenience, but the complex legal landscape following an accident can be challenging to navigate. Working with an experienced attorney helps maximize your payout so you can focus on healing. If you have an questions about liability in an Uber accident, reach out to a personal injury attorney today.
