Most people do not think twice about their safety or the administrative process of filing an insurance claim because they trust Uber's vetting process. Some individuals assume that given the seamless experience of requesting a ride and paying automatically, the claims process in case of an accident is also straightforward. However, it is important that you understand how Uber insurance claims work in case an accident happens to avoid an unpleasant experience.
The claim process does not have to be complicated if you understand the following steps. Following the right claim procedure helps you access the deserved compensation. You should consult an attorney if you are involved in an Uber accident and are unsure of the claim process. An attorney will guide you effectively and ensure you are not exploited.
Understanding Uber Insurance
After being involved in an Uber accident, you might not be sure if the platform or page where you file a claim is accessible and straightforward. Sometimes, it can be challenging to proceed with a claim if you cannot identify the liable party. In addition, you can only take action against the Uber company if you were logged into your Uber account at the time of the accident.
Uber's insurance policy only covers accidents when a passenger is on a ride. However, filing a claim requires following specific procedures, like submitting an email or calling Uber's insurance policy support team. Uber's insurance policy seeks to protect passengers, but the company might deny liability. The actual process of filing a claim can differ depending on the circumstances.
Uber Drivers Are Independent Contractors
Uber drivers fall under the "independent contractors" category. This has various implications for Uber Technologies' level of liability for people using their app. Since an Uber driver is an independent contractor, he/she is not an employee. The driver only uses the app to link with people who request a ride in the driver's vehicle. In this case, the liability differs from that of a limo or taxi driver. A limousine or taxi driver is an employee of a company and is under the company's insurance as long as the driver drives a company's car or works for the company.
An Uber driver only operates with Uber as an independent contractor if he/she logged into the app. Uber offers insurance benefits in increments. However, it does so based on how the driver uses the app and whether the driver provides a ride actively to the customers.
If a driver is offline or has not turned the app on, the driver has no association with Uber. In this case, the driver could file an insurance claim using their personal insurance policy. Uber can provide drivers with limited coverage if they turn on the Driver app and can take ride requests. The limited coverage is designed to supplement the driver's insurance. Uber drivers must file a claim against their policy in this case. The driver could follow a second claim with Uber's insurance policy to recover the difference if the damages exceed the limits. In this phase, the policy limits are $50,000 in bodily injury per individual, $100,000 in bodily injury per accident, and $25,000 in property damage per accident.
Uber's insurance policy covers the driver and passengers entirely during a ride, whether a driver is actively transporting a customer or en route to pick up passengers. Third-party victims have $1 million coverage for damages and will be required to file a claim with the driver's insurance.
Uber drivers who make deliveries have the same graduated coverage plan as Uber drivers. In this case, they will be covered by their personal insurance if the app is turned off. Uber's policy will be useful if the app is on and the driver is waiting for a request. This will happen if a claim exhausts all of the driver's insurance coverage or if their personal policy is not applicable. In this phase, the limits could be $50,000 in bodily injury per individual, $100,000 in bodily injury per accident, and $25,000 in property damage per accident.
An accident victim would not be required to file a claim against the personal insurance policy of the delivery driver if:
- The delivery driver has accepted a delivery and is en route to pick up the order or
- The driver is in the process of delivering the order
Instead, much like the protection for the delivery driver, Uber's insurance policy covers the delivery up to a limit of $1 million.
Common Causes Of Uber Accidents In California
Uber crashes can occur for various reasons but often involve some form of driver negligence. The common causes could include:
Inexperienced Drivers
Uber does not consider specific training for its drivers, although it demands that they show a clean driving record and at least one year of driving experience. An Uber accident can happen because of a lack of experience by some drivers. This makes it hard for them to navigate busy urban roads.
Exceeding The Speed Limits
Most Uber drivers are often under pressure to take their passengers to their destination, making them more likely to violate the speed limits. Uber drivers are also often under pressure to take more rides, increasing the risk of accidents.
Driver Fatigue
Uber drivers operate vehicles part-time, about 17 hours each week. They do this even on weekends and at night after doing other jobs. Working for many hours increases the likelihood of causing an accident because of exhaustion and fatigue.
Distracted Driving
A ridesharing driver could be distracted by many things, like adjusting the infotainment system, speaking with passengers, using the ridesharing app, and talking on the phone. One major cause of traffic fatalities is distracted driving.
The Liable Party For An Uber Accident
Establishing the parties responsible for an Uber accident is one of the challenging tasks. One or several people could be at fault in an Uber accident. They include:
Uber Company
Unlike taxi drivers employed by a company, Uber drivers are regarded as independent contractors. In this case, it could be hard to sue an Uber driver because you must establish the driver's status and possible negligence to hold the company at fault.
The Manufacturers of the Vehicle
If the accident was caused by a manufacturing issue, such as an automatic braking system (ABS) or defective tires, you could seek compensation from the manufacturer.
Government Entities
Environmental factors like poor road conditions or inadequate signage could cause an Uber accident. You could sue the government entities responsible for road maintenance if you suffer injuries from an Uber accident caused by poor road conditions.
Another Driver
Another driver could be liable for your injuries and damages if their actions cause an Uber accident.
Uber Drivers
The driver could be the leading cause of an Uber accident. A driver could be responsible for your damages if their actions caused or contributed to your injuries and accident.
Uber Accident and Pure Comparative Negligence Factor in a Claim
Pure comparative negligence is always applied in California to establish liability in personal injury cases, including Uber crashes. The damages you can pursue in an Uber accident settlement will be reduced proportionally to your level of liability. For example, you might be driving while operating a mobile phone, and an Uber hits you at an intersection while speeding because you forgot to initiate a left-hand turn until the light changes to red. In this case, the Uber driver could be 80% responsible for the accident and you 20%. You could win $25,000 compensation, but this amount will be reduced to $20,000 because of your 20% fault.
The Amount You Can Claim After An Uber Accident
You can pursue the full amount of your damages after an Uber accident. The court will award you compensation based on the severity of your injuries. The amount awarded in an Uber accident could range from a few thousand dollars to over $1 million. The payment can be made by settling an insurance claim for the Uber crash case. It can become an Uber accident lawsuit if the insurance claim fails to yield a substantial settlement offer.
The legal damages will be the ones you have incurred from the Uber accident, including:
- Pain and suffering that results from the injuries you sustain in the accident
- Loss of consortium for your family because if you can no longer engage in certain activities because of your injuries
- Medical expenses incurred in seeking treatment for the injuries you sustained in the Uber accident
- Property damage
- Emotional distress, particularly if the injuries caused disfigurement
- Reduced earning capacity, especially if your injuries are severe enough to impair your ability to work
Punitive damages can also be part of your legal damages. The purpose of punitive damages is to punish the at-fault party for egregious offense. The court rarely awards punitive damages in car crashes.
The law allows you to file a lawsuit for the amount of financial compensation, which could cover all of the above damages. The Uber driver could be liable for your injuries even if the Uber crash happens because of shared negligence between you and the driver. The court can make the Uber driver pay for your damages up to the degree of fault.
The amount the court awards you will largely depend on the extent of your injuries and the treatment you need to recover from them. Severe injuries are painful, devastating, and more expensive than minor ones. Fatal injuries are always the worst and could result in a wrongful death claim by deceased relatives.
Sadly, damages like pain and suffering are hard to put a value on. They are often referred to as non-economic damages. However, even if they are hard to determine, it does not mean you cannot pursue compensation for them. In most situations, compensation for pain and suffering could be even more than compensation for medical bills.
The only way to understand the level of your legal damages is to develop an attorney-client relationship with your personal injury attorney. A competent Uber attorney who has handled similar cases before could guide you on the expected compensation for your claim.
Seeking the services of a skilled personal injury attorney is the best strategy to help you maximize the amount of any settlement or outcome received. Most insurance companies protect their profits by paying lower insurance claims. The insurance company could use an adjuster to approach you and present an initial settlement offer, which might appear fair but is not. You might not realize that the offer is inadequate if you fail to consult a personal injury attorney. An attorney can help you determine if the settlement is fair and also help you file a personal injury claim for the compensation you deserve if the insurance company presents a lower settlement.
Whether Uber's Insurance Policy Can Pay For Your Damages In An Uber Accident
Uber's insurance policy compensates passengers and other drivers in accidents caused by their drivers. However, they have strict guidelines for when the insurance would cover anything. The laws rely solely on the time when the accident happened. You could be forced to pursue the auto insurance of the Uber driver if the Uber insurance company refuses to cover the accident.
Uber's insurance policy covers an average of $1,000,000. You can only depend on this coverage if:
- The driver accepted you on the Uber app and picked you up
- You were in the Uber from the point of pick-up to the point of departure.
The practical repercussions of this restriction are that Uber passengers are the only people who can depend on Uber's insurance policy. Pedestrians and motorists are excluded from this policy.
Reporting An Uber Accident
You should report an Uber accident within 24 hours. You could do so to the police department or California Highway Patrol where the accident happened. It is important to report, especially if you sustained injuries. You must notify the relevant authorities if the Uber driver fails to report. Additionally, the law permits you to report an Uber accident to the Department of Motor Vehicles within ten days if:
- Proper worth over $1,000 was destroyed
- A person died
- You sustained injuries
If you fail to report, you could face legal repercussions, negatively affecting your chances of filing a claim.
Consequences Of Failing To Report An Uber Accident
You could face a jail term, fine, or both if you do not inform the relevant authorities about the Uber accident. The law permits the court to impose the following penalties if you fail to the accident:
- A fine ranging from $1,000 to $10,000
- A jail term that does not exceed one year in a county jail
- Both fine and jail term
The Importance of Reporting an Uber Accident
You could file a lawsuit for compensation against the Uber driver if you believe he/she was negligent. However, you must prove the following elements:
- Duty
- Breach of duty
- Causation, and
- Loss
A driver owes you a duty to drive with care and observe all traffic rules. It could be considered a breach if the driver does not follow traffic rules. The common breaches include:
- Failure to observe stop signs
- Exceeding the set speed limits
- Talking on the phone while driving
- Failure to use the right signals
- Running a red light
- Distracted driving
- Driving while intoxicated with drugs or alcohol
You must also provide sufficient evidence that you suffered injuries because the Uber driver breached your duty of care. You must also provide medical documentation as evidence of financial losses and injuries suffered.
It is recommended that you provide tax documents and pay stubs to prove loss of income if you failed to go to work because of injuries. A police report could also be vital in proving negligence. This report can highlight when and where the crash happened. The report could contain the names of people involved in the accident and an evaluation of the accident scene.
Statute of Limitations For an Uber Accident Claim
Launching an Uber accident claim and reporting an Uber accident are two different things. The period for filing an Uber accident claim differs from the period for reporting an Uber crash, which is usually too short. The court allows two years to file a claim for any injuries suffered. This period starts from the date the Uber accident happened. You could lose your chance to recover damages if you do not file your lawsuit within this deadline.
Find a Personal Injury Attorney Near Me
Have you or a loved one been involved in an Uber accident? You can file an insurance claim to seek compensation for your injuries. You need an experienced attorney to guide you through the claim process, given the intricacies of Uber accidents. Unlike regular transport companies, Uber might not be liable for the driver's actions since most Uber drivers work as independent contractors. Sometimes, you might have to pursue the driver's insurer for compensation.
With the help of an attorney, you can identify the liable party and file a claim to seek compensation. At the Los Angeles Car Accident Attorney, we have experienced attorneys who can help you seek compensation for the injuries sustained in an Uber accident. When you contact us, we will evaluate your case, identify the liable parties, and help you seek the settlement you deserve. Contact us at 424-237-3600 to speak to one of our attorneys.
