An accident involving a ridesharing car presents some different considerations than other car accidents. Victims may not get everything they deserve if they try to negotiate for coverage without an experienced uber accident lawyer.
Ridesharing apps like Lyft and Uber have become common ways to get around in Texas. Howver, while the convenience they provide is clear, these new services also bring about questions regarding responsibility in the event of a Uber accident or Lyft accident. Who is liable if a rideshare driver causes an accident? Whose insurance policy covers these events?
J.D. Silva & Associates has been at the forefront of navigating this new reality for car accident victims. We understand the laws and know how to work with the insurance companies to make sure our clients get maximum compensation.
What Happens If I Am Involved in an Uber Accident?
Lyft and Uber both have liability coverage that changes depending on the stage of driving. Between when the app is turned on and a driver accepts a ride, insurance covers up to $50,000 for bodily injury, $100,000 per accident, and $25,000 for damaged property. Between the ride matching and dropping off the passenger, there is primary liability coverage of $1,000,000 per accident and $1,000,000 for uninsured and underinsured motorists. Rideshare drivers may also carry their own insurance policies that could provide additional insurance coverage when they’re not using the app and/or in other circumstances.
If you or a loved one becomes injured in a rideshare accident involving Uber or another rideshare driver, liability may be difficult to determine. You may be a passenger in the Uber who was injured during the accident. You may be the driver of a vehicle or a pedestrian hit by an Uber driver. There are multiple situations that can arise from a rideshare accident that may make it more complex when seeking compensation for your injuries and other damages.
Uber Accident Claims
According to its website, Uber accident claims are under commercial insurance coverage for its drivers and sets forth the following information about how the driver is operating the vehicle affects the amount of insurance coverage available
- Offline or the driver app is off: Your chosen personal insurance company and coverages apply.
- Available or waiting for a ride request: Uber maintains the following auto insurance on your behalf in case of a covered accident. Third-party liability if your personal auto insurance doesn’t apply in the amount of:
- $50,000 in bodily injury per person
- $100,000 in bodily injury per accident
- $25,000 in property damage per accident
- En route to pick up riders and during trips: Uber maintains the following auto insurance on your behalf in case of a covered accident:
- $1,000,000 third-party liability
- Uninsured/underinsured motorist bodily injury
- Contingent comprehensive and collision
- Up to actual cash value of car with a $2,500 deductible (Effective 3/1/2021)Certain vehicles offered through the Vehicle Marketplace are subject to a $1,000 deductible
It is important to note that this coverage only applies when an Uber driver is deemed to be at fault for the car accident and does not have adequate car insurance coverage of their own with which to pay for your injuries and other damages.
Other rideshare services – like Lyft – have different policies that apply to motor vehicle accidents. There are many loopholes that exist that make an Uber accident an even more stressful experience. Uber will try to deny responsibility and will try to pin the blame on the driver, since many rideshare services consider their drivers “contractors” and not employees. Uber may deny responsibility for a driver’s negligence or reckless behavior. The Uber driver, on the other hand, may try to push blame on the parent company. This can be exceptionally frustrating to deal with
What to Do After a Car Accident with an Uber Driver
Like any other car accident, after a rideshare crash make sure to exchange insurance information with all vehicles involved in the accident, including the Uber driver. It is incredibly important to have this contact information when filing a claim. Seek medical attention immediately for your injuries, report the accident to emergency services, and, if possible, obtain a police report or at least the official number assigned to the incident. Other information that will be useful includes:
- the names of all drivers involved in the accident,
- their driver’s license information,
- witness contact information,
- pictures of the accident, and
- your written account of what happened during the accident
It is best to write down everything you remember from the rideshare accident as quickly after the crash as you can so you do not forget any details. Keep any medical bills, repair receipts, and other evidence of costs associated with the accident close by so you can submit them to Uber’s claims department.
Report the Accident to Uber and Contact the Uber Insurance Claims Department
Uber will request quite a bit of information regarding the accident when you submit a trip verification request. It would be wise to seek legal counsel before submitting this information to ensure you are not giving any ammunition to Uber’s insurance company that they can use against you. They will ask for your name, phone number, email address, your Uber driver’s name, the date of the accident, location of the accident, and a description of what happened during the accident. Once this information is submitted, Uber’s insurance company may reach out to you to request you fill out a variety of forms. You should have these forms checked by your attorney before submitting them.
Uber’s insurance company will look over your forms and will either approve or deny your claim. The insurance company is going to do its best to avoid paying you compensation for your damages. This is why having an experienced rideshare accident attorney on your side will be key to securing what you deserve and what you need to recover both physically and financially. Many passengers and drivers who have been victims of Uber driver accidents find that their claims have been wrongfully denied. The insurance company may also refuse to take their calls, offer insultingly low settlements, claim that the injuries suffered by the victims were preexisting conditions, and more. An experienced personal injury attorney knows how to handle these types of bad faith insurance practices and can make sure you are given a fair shot at being compensated for your driver’s negligence and/or recklessness.
Even though we put our trust into an Uber driver’s hands thinking they will keep us safe during our ride or while we are sharing the road, not every driver is perfect and that includes rideshare drivers. If you were injured in an accident as an Uber passenger or as a driver whose vehicle was hit by an Uber driver, you may be able to file a claim with Uber’s insurance for compensation for your damages. This process can be complex, however, and may require legal representation in order to receive a fair amount of financial compensation for your injuries. Uber has extensive insurance coverage that will cover just about any type of collision involving one of its active drivers. If you were hit by an Uber driver or were in a crash as a passenger in an Uber, you may be able to claim up to $1 million in bodily injury compensation. An accident with an Uber driver does not have to leave you with costly medical bills and property damage. By filing an insurance claim and being represented by experienced counsel you can receive full compensation for your damages.
Contact JD Silva and speak to an Uber Accident Lawyer
If you or a loved one have been involved in a car accident with an Uber driver (either in another vehicle or as a passenger), contact J.D. Silva & Associates today at 281-971-3200. We will review your case and help you navigate the process of getting what you deserve from the at-fault rideshare driver and company. We know how difficult the Uber insurance claims process can be and our lawyers are ready to fight for what is rightfully yours. You only have a limited amount of time to file your claim so contact our office today for more information on how we can help.