Being involved in a car accident can be a stressful and overwhelming experience, primarily when the other driver is operating as a rideshare driver, such as with Uber.
With millions of rideshare trips happening across the United States each day, it is no surprise that accidents involving Uber drivers and other rideshare company vehicles are becoming increasingly common.
If an Uber driver has hit you, you may have questions about insurance coverage, liability, and what steps you should take to ensure you receive the compensation you deserve. This article provides a comprehensive guide to help you navigate the process, understand your options, and understand how legal representation can benefit you.
Uber’s Insurance Coverage
When a rideshare driver working for Uber is involved in a motor vehicle accident, the question of insurance coverage can be more complex than in a typical car accident. Uber drivers are considered independent contractors, and the type of insurance that applies can change depending on their status at the time of the accident.
Uber Driver’s Personal Insurance
Suppose the Uber driver was not logged into the app when the accident occurred. In that case, their personal auto insurance coverage is likely the primary source of compensation for any damages or injuries.
Just like any other driver, Uber drivers are required to maintain liability insurance when they are off-duty. In this scenario, you would file a claim with the rideshare driver’s insurance policy, which should cover your damages up to the limits of their policy.
Uber’s Contingent Liability Coverage
If the driver was logged into the Uber app but had not yet accepted a ride request, Uber’s contingent liability coverage may come into play. This insurance covers instances when the driver is available for a ride but not actively transporting a passenger.
Uber’s contingent liability policy typically includes coverage for injuries and property damage, but it may have limitations compared to Uber’s primary insurance coverage.
This coverage acts as a secondary policy, meaning the driver’s insurance is still the primary source of compensation, but Uber’s policy could supplement it if necessary.
Uber’s Primary Insurance Coverage
The highest level of coverage applies when the Uber driver is actively transporting a passenger. In these cases, Uber’s primary insurance coverage provides substantial protection for the Uber driver and anyone they injure or whose property they damage.
This coverage typically includes up to $1 million in liability insurance covering bodily injuries and property damage. In a severe accident where damages exceed the driver’s personal insurance limits, Uber’s insurance coverage will help ensure those affected are adequately compensated.
It’s important to note that the insurance policies of other rideshare companies differ from those of Uber.
Steps to Take After an Accident with an Uber Driver
If you’ve been involved in a car accident with an Uber driver, it’s essential to take specific steps to protect yourself and ensure you are adequately compensated for your injuries or damages. These steps are crucial regardless of the severity of the accident.
Ensure Safety and Seek Medical Attention
The first and most crucial step is to ensure the safety of everyone involved. If anyone is injured, seek medical attention immediately. Even if injuries appear minor at first, it’s essential to get checked by a medical professional, as some injuries may not become apparent until hours or even days after the accident.
Contact the Authorities
After ensuring everyone is safe, contact the police and file an accident report. Even if the accident seems minor, having an official report is essential for insurance claims and potential legal action. The police will document the accident, which can be vital when determining liability and seeking compensation.
Gather Information and Evidence
At the accident scene, collect as much information and evidence as possible. This includes taking photographs of the accident scene, vehicle damage, and visible injuries. Make sure to exchange contact and insurance information with the Uber driver.
You should also gather the Uber driver’s rideshare information, including their status on the app at the time of the accident. If there are witnesses, get their contact details as well.
Report the Accident to Uber
After an accident involving an Uber driver, reporting the incident to Uber is essential. This can be done through the Uber app or on their website. Uber takes reports seriously and will investigate the matter. Reporting the accident also triggers their insurance process, which can be crucial to recovering compensation.
Notify Your Insurance Company
Even if you believe the Uber driver is at fault, you should notify your insurance provider about the accident. This step is essential because it ensures your insurance provider is aware of the accident, which can help protect you if there are any disputes about liability or coverage later on.
Navigating the Claims Process
The claims process following a car accident with a rideshare driver can be complicated. Sometimes, you may have to deal with multiple insurance companies, including the Uber driver’s insurance, Uber’s insurance coverage, and potentially your own insurance company.
Dealing with Multiple Insurance Companies
Unfortunately, there is some ambiguity regarding the rideshare company’s insurance policy. The insurance policy for Uber drivers will differ depending on the ridesharer’s status. Therefore, you could find yourself negotiating with multiple insurers.
This can make the claims process complex, as each insurance provider may have different priorities, coverage limits, and filing requirements.
An experienced Uber accident attorney can be invaluable when dealing with multiple parties, ensuring you don’t miss important deadlines or provide statements that could hurt your case.
Determining Liability
Determining who is at fault in an Uber driver accident can be challenging. Liability is often based on the driver’s actions, road conditions, and other elements. In some cases, expert witness testimony may be needed to establish fault, mainly if the accident involves complex circumstances or significant damages.
Negotiating a Settlement
Once liability has been determined, the next step is negotiating a settlement. This process can include seeking compensation for medical bills, property damage, lost wages, and pain and suffering.
Whether dealing with Uber’s insurance company or drivers’ personal insurance, having an experienced attorney can help you recover the maximum compensation you are entitled to.
Why You Need a Rideshare Accident Attorney
If you’ve been involved in a car accident with an Uber driver, working with a ridesharing accident attorney can make a significant difference in the outcome of your case.
Understanding Your Rights
An experienced attorney can help you understand your rights and navigate the complexities of dealing with Uber and their insurance companies. Car accidents involving rideshare drivers can involve unique challenges, and having an attorney ensures you’re not taken advantage of during the claims process.
Negotiating with Insurance Companies
It can be challenging to negotiate with an insurance company, whether it’s the Uber driver’s personal insurance or Uber’s coverage. Insurance companies often try to minimize payouts; without legal representation, you could receive less compensation than you deserve. A lawyer will handle these negotiations, ensuring you receive fair compensation for your injuries and damages.
Representing You in Court
While many car accident cases are settled outside of court, there are instances where litigation is necessary. If a fair settlement cannot be reached, an attorney will represent you in court, advocating for your rights and ensuring you have the best chance of success in your personal injury lawsuit.
Book a Free Consultation!
If you’ve been involved in an accident with an Uber driver and need help navigating the claims process or seeking compensation, the experienced and compassionate attorneys at Rosenfeld Injury Lawyers are here to help. We offer a free legal consultation to review the details of your case and determine the best course of action.
Contact us today to book a free case review with a Chicago Uber accident attorney.