Ride-share services like Uber work to ensure safety, but that does not mean accidents involving Uber vehicles will not occur. The reality is that rideshare accidents do happen, but determining liability after these incidents can be challenging. In many cases, the at-fault driver is responsible for the accident, and their liability is determined based on the circumstances and evidence available. Here, we want to discuss possible liable parties after a rideshare accident occurs in California.
Understanding Uber Accidents
Navigating the aftermath of an Uber accident can be daunting. Unlike typical car accidents, rideshare incidents involve multiple layers of liability and insurance coverage. Understanding these complexities is crucial for anyone involved in an Uber accident, whether you are a passenger, driver, or another party. Knowing who is liable and what steps to take can significantly impact the outcome of your personal injury claim.
What happens if I am injured while riding in an Uber?
If you were injured while riding in an Uber, you might be entitled to compensation for your damages. As an Uber passenger, you are protected by Uber’s liability insurance policy, which covers damages for bodily injury and property damage. However, the process of filing a claim and seeking compensation can be complex, and it’s essential to understand your rights and options.
In the event of an Uber accident, it’s crucial to seek medical attention immediately and report the incident to Uber through the Uber app. You should also gather evidence, such as witness statements, police reports, and medical records, to support your claim. An experienced Uber accident lawyer can help you navigate the process and ensure you receive the compensation you deserve. They can assist in dealing with the insurance company and help you understand the nuances of liability insurance and personal injury claims.
Uber Driver Liability
Whether you are a passenger in an Uber vehicle that was involved in an accident or a person in another vehicle involved in the collision, one of the first places to look for liability will be the rideshare driver. Uber drivers are just like any other driver on the roadway, with the exception that they have applied to drive for Uber. They have the same type of license that other drivers have, and there is no particular driver training for rideshare drivers.
However, we do need to point out that Uber drivers are not actual employees of Uber. This means that it is very hard to hold Uber accountable for the actions of the drivers. These drivers are independent contractors, and they are considered their own employers. Classifying drivers as independent contractors allows companies to circumvent certain wage laws and limits liability in cases of accidents, especially in the context of California law and the recent changes to worker classification tests. When you file a claim against an Uber driver, the claim may actually be against their personal insurance carrier.
However, Uber does provide insurance for these incidents under certain circumstances, depending on the status of the driver at the time the incident occurs. If the driver is on the way to pick up a fare or if they already have the fare on board, then the rideshare company’s insurance carrier will cover the costs. The responsibilities and insurance implications related to an Uber driver’s actions during accidents can be complex, especially when determining fault and coverage.
Other Drivers and Liability
Uber drivers may not be the only individuals responsible for causing an accident. In fact, an Uber driver may be a victim just like anyone else. After an accident occurs, the entire incident must be investigated to determine whether or not other drivers hold liability. For example, if an Uber driver is rear-ended at a stoplight, it is likely that another driver would be at fault for the incident.
Just like any type of vehicle accident that occurs, it is imperative for the police to come to the scene to conduct an investigation. If there are other parties liable for the incident, an Uber crash victim may also need to file a claim against the other party. Victims may need to file claims against a negligent driver when damages exceed insurance policy limits.
Could Uber be Held Responsible for an Uber Accident?
As we mentioned above, it is unlikely that Uber will hold any responsibility for the actions of their drivers or any other driver. The extent of Uber accepting liability is the company allowing their drivers to have insurance covered by the rideshare giant. However, Uber may face potential liability if their drivers engage in distracted driving behaviors, such as using their phones while operating the vehicle. Again, Uber only provides insurance if the driver is signed into the “app” to work. The level of insurance they provide depends on whether or not the driver has a fare.
Insurance Coverage for an Uber Accident
Understanding the insurance coverage available in the event of an Uber accident is essential for all parties involved. Uber provides a comprehensive insurance policy designed to protect both drivers and passengers, but the specifics of this coverage can vary depending on the circumstances of the accident.
Uber’s Insurance Policy
Uber’s insurance policy provides coverage for its drivers and passengers in the event of an accident. The policy includes liability insurance, which covers damages for bodily injury and property damage, as well as uninsured/underinsured motorist coverage, which protects passengers if another driver causes an accident without sufficient insurance.
Uber’s insurance policy is structured to cover three main periods:
- Before a Ride Request: During this period, the driver’s personal car insurance is the primary coverage. Uber’s insurance does not apply until the driver has accepted a ride request.
- During a Ride Request and Trip: Once the driver has accepted a ride request and is en route to pick up a passenger or has a passenger in the vehicle, Uber’s commercial insurance policy kicks in. This policy provides significant coverage for bodily injury and property damage, ensuring that both the driver and passengers are protected.
- After a Trip Ends: After the passenger has been dropped off and the trip has ended, the driver’s personal insurance becomes the primary coverage once again.
It’s essential to understand that Uber’s insurance policy is secondary to the driver’s personal insurance, and the driver’s personal insurance policy may be the primary source of coverage in some cases. This layered approach ensures that there is always some level of protection available, but it also means that navigating insurance claims can be complex.
What to Do After an Uber Accident
Being involved in an Uber accident can be a stressful experience, but knowing what steps to take immediately afterward can help protect your rights and ensure you receive the compensation you deserve. Here’s a step-by-step guide on what to do after an Uber accident:
- Seek Medical Attention: Your health and safety are the top priority. Even if you feel fine, it’s essential to get checked by a medical professional, as some injuries may not be immediately apparent.
- Report the Accident: Notify Uber about the accident through the Uber app. This ensures that the incident is officially recorded and can help with your insurance claim.
- Gather Evidence: Collect as much information as possible from the accident scene. This includes taking photos of the vehicles involved, obtaining contact information from witnesses, and securing a copy of the police report.
- Consult with a Car Accident Lawyer: An experienced car accident lawyer can provide valuable guidance and help you navigate the complexities of filing a personal injury claim. They can assist in dealing with the insurance company and ensure that you receive fair compensation for your injuries and damages.
- Keep Records: Maintain detailed records of all medical treatments, expenses, and any communications related to the accident. This documentation will be crucial in supporting your claim.
By following these steps, you can protect your rights and improve your chances of a successful personal injury claim after an Uber accident.
Working With an Attorney
We strongly encourage you to work with a skilled Uber accident attorney in California after an incident occurs. Attorneys who have experience handling rideshare incidents will have a much better chance of helping you recover the compensation you are entitled to for your losses. This includes coverage of your medical expenses, lost wages, and property damage expenses, along with any pain and suffering damages you endure.
Injured in an Uber Accident? Callahan & Blaine Can Help
If you were hurt in an Uber accident, determining who’s responsible and navigating multiple layers of insurance can be overwhelming. At Callahan & Blaine, we’ve spent over 40 years representing clients in complex personal injury cases, including rideshare accidents. Our team of seasoned trial lawyers understands how to handle insurance carriers, uncover liability, and fight for maximum compensation on your behalf.
We don’t hand off cases to junior associates—every client works directly with a highly experienced attorney. Our firm has secured record-setting verdicts and settlements, and we’re ready to guide you through every step of your claim. Call us at (714) 241-4444 or reach out through our contact form to speak with an attorney today.
