Can You Sue Uber After an Accident?

uber accident insurance lawRide-sharing services like Uber have soared in popularity in recent years and while they may be convenient and potentially help curb drinking and driving, they are not a risk-free solution. Just like any other driver on the road, an Uber driver can be involved in an accident whether because of his or her fault or the fault of another driver. Regardless of the circumstance, as a paying passenger and as driver, it’s important to understand the ride-sharing insurance laws in your local area as well as Uber’s accident policies.

New Florida Law Creates Ride-Sharing Insurance Uniformity

First and foremost, it’s important to know what your local ride-sharing insurance laws are. Here in Florida, Governor Scott has now signed into law the requirement that all ride-sharing services operate under the same uniform insurance and background check requirements across the state, replacing the previous structure where regulations were mandated on a local level. According to the new Florida law, ride-sharing services are required to have a minimum insurance level of $50,000 for death and bodily injury per person, $100,000 for death and bodily injury per accident, and $25, 000 for property damage. Companies are also required to conduct background checks on drivers.

3 Things to Know About Uber’s Accident Policies

Because an Uber driver is considered independent contractors and not full-time employee, the question of liability has been at the forefront in auto accident claims. According to Uber’s website, there are three different situations in which their liability insurance will cover a driver if there is an accident.

  1. When the app is online, but driver not en route to pick up passenger:

  • Driver is covered by Uber’s insurance for liability to a third party if in an accident and driver is at fault.
  • At least $50,000 in injury liability per person.
  • $100,000 in total liability per accident/$25,000 in property damage liability.
  • If another party is at fault, the driver may make a claim against their insurance, or use personal insurance to cover damages.
  1. On the way to pick up passenger:

  • Uber’s insurance covers three things:
    • Liability to third party.
    • Any injuries due to uninsured or underinsured motorist.
    • Collision and comprehensive coverage if driver already has personal insurance.
  • Uber covers $1 million for total liability insurance, including uninsured and underinsured bodily injury insurance
  • Coverage of the actual value of the driver’s car if the driver carries personal auto insurance; with a $1000 deductible.
  1. Driver on a trip with passenger:

  • Same insurance coverage as when en route to pick up passenger, including coverage of the passenger.

It is important to note that if the Uber driver is driving alone without the app on, the company is not responsible for covering any incident involving the driver or car.

If you are involved in an accident while using Uber either as a driver or as a passenger, it’s important that you first make sure that no one is seriously injured and make sure that the police are notified. Uber does require drivers to fill out a report on the app to notify them of an accident. If you are a passenger, it is also important that you notify Uber as soon as possible of the details of the incident.

Receiving compensation for injuries suffered in an accident involving a ride-sharing service can be complicated due to the nature of the service being provided by independent contractors. If you were seriously injured in an accident involving Uber, it’s important that you contact an auto accident attorney who may be able to help you recover financially from your losses.

 

References:

W. (n.d.). Florida Governor Rick Scott signs Uber/Lyft bill into law. Retrieved May 23, 2017, from http://www.wjhg.com/content/news/Florida-Governor-Rick-Scott-signs-UberLyft-bill-into-law-421806483.html

Insurance: How You’re Covered. (n.d.). Retrieved May 23, 2017, from https://www.uber.com/drive/insurance/