Table of contents
- Car accident injuries in an Uber rideshare crash
- How Uber insurance works after an accident
- How does insurance coverage work for Uber rideshare drivers?
- Who can file an Uber accident claim?
- What should you do after an Uber accident?
- How much is my Uber accident injury case worth?
- Does your firm have an Uber accident lawyer near me?
- Work with an experienced Los Angeles rideshare injury lawyer today
Car accident injuries in an Uber crash
The types of injuries that you might sustain in a car accident while riding in an Uber will be the same types of injuries that you would sustain in any other type of car accident, including:
- Whiplash
- Back or neck injuries
- Head injuries
- Traumatic brain injuries
- Spinal cord injuries
- Lacerations and bruises
- Broken bones
- Internal organ damage
- Amputations
- Burn injuries
If you are ever involved in a car accident in an Uber, you should seek immediate medical attention. If you think you have escaped the accident without an injury, it is still advisable to visit your doctor and have a medical examination. There are some injuries that may take hours, days, or even weeks to become apparent. By the time you start experiencing symptoms, you may not associate them with the crash.
How Uber insurance works after an accident
In California, rideshare companies like Uber are called Transportation Network Companies (TNCs), which are required to have insurance coverage for the entire time the app is on. Drivers who drive for Uber are not required to purchase a separate rideshare insurance policy because Uber provides insurance during covered periods. However, drivers must still maintain personal auto insurance.
If a driver does not purchase additional coverage, the driver will not receive all the benefits such a policy might include, such as comprehensive and collision coverages, higher liability limits, and a low deductible.
How does insurance coverage work for Uber rideshare drivers?
As a rideshare driver, you must have a personal car insurance policy that covers you and your vehicle when you are not on the app because Uber’s insurance policy does not cover you when the app is closed.
There is a patchwork of coverage that applies in California(opens in new tab) depending on whether the app is open or closed. There are three periods when it comes to rideshare coverage:
Period 1: You are driving or parked with the app open and are waiting to be paired with a passenger.
Period 2: You have been matched with a passenger, and you are heading to pick them up.
Period 3: The passenger is in your vehicle. When the rider exits your vehicle, and the trip transaction is complete, period 3 ends.
Uber's insurance coverage
When the app is off, the driver's personal car insurance coverage applies.
Period 1
At this stage, coverage includes:
- Third-party liability
- $50,000 in bodily injury per person
- $100,000 in bodily injury per accident
- $30,000 in property damage per accident
- $200,000 in excess liability coverage per occurrence
Periods 2 and 3
Uber maintains the following auto insurance on the driver's behalf in case of a covered accident:
- $1,000,000 third-party liability
- Contingent comprehensive and collision, if the driver maintains comprehensive and collision coverage on their personal auto policy
- Up to actual cash value of car ($2,500 deductible; may be $1,000 for certain Vehicle Marketplace vehicles)
- Period 3 also includes uninsured/underinsured motorist bodily injury coverage
Who can file an Uber accident claim?
Uber accident claims are not limited to one type of victim. Several different people may have the right to pursue compensation depending on their role in the crash and the circumstances surrounding it.
- Passengers: If you were a passenger in an Uber at the time of the accident, you will normally be in a good position to bring a claim.
- Pedestrians and cyclists: If you were injured by an Uber while walking or riding a bike, you may have a legal claim against the liable party. Depending on the driver’s status at the time of the accident, Uber’s insurance may also apply.
- Other drivers and their passengers: If an Uber driver caused a collision that injured occupants of another car, those individuals can also file a claim. The presence of a ridesharing operator adds a layer of complexity to the application of insurance coverage, but does not prevent you from seeking compensation.
- Surviving family members: When an Uber accident results in a fatality, certain surviving family members may have the right to file a wrongful death claim against the responsible party.
Anyone who has been injured and thinks an Uber driver may have been involved should reach out to an accident lawyer as soon as possible.
What should you do after an Uber accident?
The steps you take after an Uber accident are incredibly important because they can have a direct impact on your health as well as any potential future claims for compensation. Here’s what you should always consider doing:
Call 911
Calling 911 is an incredibly important step. Wait at the scene until a law enforcement officer arrives so they can investigate and create an accident report. However, oftentimes a law enforcement officer will only respond to the scene if someone is severely injured.
Seek medical attention
Seek medical attention. If you are offered treatment at the scene, don’t turn this down. Then, go get medical treatment on your own, whether this is from your doctor or the emergency room, to receive a physical evaluation.
Document everything at the scene
Photograph the vehicles involved, the surrounding area, road conditions, traffic signals, and any visible injuries. Collect the names and contact information of witnesses before they leave the scene. These details are often the most difficult to reconstruct after the fact.
Screenshot your Uber app
Before closing the app, take a screenshot showing the trip details, the driver's name, vehicle information, and the status of the ride at the time of the crash. This information establishes that the Uber app was active, which directly affects which insurance policy applies to the claim.
Avoid giving recorded statements
Uber's insurance carrier may reach out quickly following an accident. Depending on your role in the claim and the applicable insurance policy, you may not be obligated to provide a recorded statement before speaking with an attorney, and doing so without legal guidance can create problems for your claim down the line.
Contact an Uber accident attorney
Rideshare accident claims involve multiple insurance policies, corporate interests, and coverage questions that depend on the specific circumstances of the crash. An attorney who understands how Uber's insurance structure works can evaluate your situation, identify all available coverage, and make sure your claim is handled in a way that reflects the full extent of your losses.
How much is my Uber accident case worth?
At the outset of a personal injury claim, clients are usually curious about how much compensation they can expect to recover. We remind clients that it is impossible to know at the start of a case what you will ultimately receive.
There are dozens of variables, and each case is unique. An important factor is the severity of your injury. Until your injury has healed and you have completed treatment, we will not know how it will impact your ability to work or your ability to perform daily activities.
You may be able to recover the following types of damages depending on the facts of your case:
- Medical costs related to the accident injury
- Lost wages from missed time at work while recuperating from the injury
- Diminished earning capacity for permanent injuries
- Pain and suffering
- Emotional distress
- Loss of consortium for an eligible spouse or registered domestic partner
- Other losses
All cases are unique, so always speak with an injury lawyer to get more information about what you might be entitled to.
Work with an experienced Los Angeles rideshare injury lawyer today
Trying to pursue an Uber accident injury claim on your own can be challenging. If you have serious injuries that require medical care, you have lost time at work, or have suffered any other losses, you will benefit from professional legal representation. Our experienced Los Angeles Uber accident attorneys will protect your right to recover all the compensation that is due to you.
At McNicholas & McNicholas, LLP, we take personal injury cases on contingency. We advance the costs of pursuing your case, and you will not be responsible for those costs unless we recover compensation for you. In your free consultation, you have the chance to discuss your injury case and learn about the legal options available.
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