More and more people are using Uber, a ridesharing app, as a convenient method of getting around in California. As the consumer use of Uber increases, the risk of getting into a Uber accident increases as well. And as passengers of Uber, it is important to be prepared in case of an auto accident. Where should you turn to? What if your Uber driver caused the accident? Who is responsible for your injuries?
Who Caused the Auto Accident?
First, you need to determine who caused the auto accident. If another party caused the accident, you would follow standard auto accident procedure such as exchange information, gather evidence, and speak to an experienced attorney at Guldjian & Fasel. Click here for a full list of things to do after getting into an auto accident. The liable party’s personal auto insurance would pay for your injuries.
If your Uber driver caused the accident, then either the driver’s private insurance or Uber will cover your injuries. Since Uber requires their drivers to have their personal auto insurance, you are not likely to deal with a scenario in which the Uber driver is uninsured.
Whose Insurance Should Pay for My Injuries?
Uber has a unique coverage policy that acts in place of the Uber driver’s personal auto insurance. Most standard auto insurance companies will deny coverage for claims against Uber and other ridesharing services if they are made aware that the driver has been using rideshare for profit without paying for the appropriate insurance coverage plan. However, each auto insurance company has their policy for Uber drivers. Under new California law, the burden has been placed on the ridesharing company for providing insurance for ridesharing services. Additionally, a driver’s personal auto insurance policy is expressly prohibited from paying for any claims that happen when a driver is logged into a ridesharing app.
The Uber policy kicks in when the driver is transporting a passenger in the car, so if you get injured in an auto accident as an Uber passenger you are covered no matter what. However, you should first check to see if the driver’s personal auto insurance has a ridesharing policy or a commercial policy. Uber drivers do not generally carry commercial policies because it is much more expensive to have for a part-time Uber driver, but it still worth it to check if they have one. Some insurance companies are coming up with new ridesharing policies in light of the increase in popularity of Uber and other ride-sharing apps, so be sure to check for this policy with the driver’s personal insurance.
If the driver does not have a commercial or ridesharing policy, or if the claim is denied, then submit a claim with Uber directly. Per their policy, Uber will provide insurance coverage for up to $1 million for third party liability. This means that if you are a passenger in an Uber, and you get injured as a result of an auto accident due to the Uber driver’s negligence, then Uber will cover for your injuries up to $1 million.
What Should I do after the Accident if My Uber Driver was at Fault?
The first few minutes after getting into an accident are important. You need to gather as much evidence as possible from the collision:
- Take down the driver’s vehicle information and license plate number.
- Call the police to get a police report.
- Exchange information with all parties involved.
- Take pictures of your injuries and damages to the vehicles involved.
- Record any notes or thoughts from the accident so it will be easier to recall details later.
- Be sure to ask your driver for their rideshare insurance and personal auto insurance.
- Call our experienced of Uber accident attorneys at Guldjian & Fasel.
If you or a loved one has been injured in a Uber accident where your driver or another party was at fault, call our Uber accident lawyers today for a free consultation. We accept Uber accident cases on a contingency fee basis. This means that there will be no cost to you, unless we recover. Our accident attorneys at Guldjian will aggressively fight for you until justice is served, whether it is through a settlement or a trial. Let us help you and your loved ones get through this difficult time. Our dedicated and caring team of Orange County personal injury attorneys will be available to you 24/7. Call us at 888.546.5315 for a free consultation.