If you’ve been injured in an Uber accident, you may wonder how to determine liability. The process can be complicated, and the outcome will depend on the facts of your case.
In general, Uber accidents fall into one of three categories: only Uber drivers, accidents involving only Uber passengers, and accidents involving both Uber drivers and passengers.
In this post, we’ll look at each category and discuss the factors that will determine liability in each case.
When an accident happens, who is liable?
When an accident happens, the first thing that needs to be done is to figure out who is at fault. In most cases, the person liable for the accident is the one who caused it. However, there are times when more than one person may be held liable for an accident.
For example, if an Uber driver gets into an accident while picking up a fare, the driver and Uber may be held liable. This is because Uber is responsible for ensuring that its drivers are safe and insured. If the driver was not insured or was not following safety procedures, Uber may be held liable for any damages.
If you’re a passenger, what are your options?
If you’re a passenger in an Uber, you have a few options if you’re involved in an accident. You can file a claim with Uber’s insurance company, a personal injury claims against the driver, or a third-party liability claim against the at-fault driver.
Uber’s insurance policy covers up to $1 million in damages for passengers injured in an accident. If you file a claim with Uber’s insurance company, you must provide proof of the accident and injuries. You will also need to prove that the driver was at fault for the accident.
If you file a personal injury claim against the driver, you will need to prove that the driver was at fault for the accident and that your injuries were caused by the accident. Personal injury claims can be more challenging to win than other claims because proving that the driver was at fault can be difficult.
If you file a third-party liability claim against the at-fault driver, you will need to prove that the other driver was at fault for the accident and that your injuries were caused by the accident. Third-party liability claims can be easier to win than different claims because it is unnecessary to prove that the Uber driver was at fault.
What if you’re the driver?
If you’re the driver in an Uber accident, there are a few things to remember regarding liability.
First and foremost, you should always follow the road rules and drive safely. You will likely be held liable if you cause an accident while breaking the law or driving recklessly.
Secondly, it’s important to remember that Uber does carry liability insurance for its drivers. This means that if you are involved in an accident while working for Uber, the company’s insurance will cover any damages caused by you up to a certain amount.
Finally, it’s worth noting that Uber has a $1 million insurance policy covering accidents involving its drivers, even if they are not at fault. This policy is in place to protect both drivers and passengers in the event of an accident.
If you hit an Uber with your car, who is responsible?
If you hit an Uber with your car, the driver is typically liable for any damages. However, if the Uber driver was at fault for the accident, that driver may be held responsible. If you are unsure who was at fault for the accident, it is best to consult an experienced attorney who can help investigate the accident and determine liability.
When another driver causes an accident?
If you are involved in an accident while riding in an Uber, you should first check to see if everyone is okay. If anyone is injured, call 911 and get medical help right away. Once you have taken care of any immediate medical needs, you can start to think about who may be liable for the accident.
If another driver caused the accident, that driver (and their insurance company) would likely be responsible for any damages or injuries. However, it can be more complex.
Sometimes, Uber may be held partially or fully responsible for an accident, even if another driver caused it. This can happen if there is evidence that Uber failed to properly screen or train its drivers, or the company did not take appropriate safety precautions.
If you are unsure who is at fault for your accident, you must speak with an experienced attorney who can help investigate the circumstances and determine liability.
So, who pays for damages caused by an Uber driver?
In general, the insurance policy that covers an Uber driver will be the primary payer for damages caused by the driver. However, there are circumstances in which another insurance policy may be responsible for paying part or all the damages.
If the Uber driver was working at the time of the accident, then Uber’s commercial insurance policy will likely be the primary payer. However, if the driver was not working at the time of the accident (for example, if they were driving to pick up a fare), then their auto insurance policy will likely be the primary payer.
In some cases, both Uber’s commercial insurance policy and the driver’s personal auto insurance policy may provide coverage. For example, suppose the accident occurred while the driver was en route to pick up a fare. In that case, Uber’s commercial insurance policy may provide primary coverage for damages caused to passengers and third parties. In contrast, the driver’s personal auto insurance policy may provide coverage for damage to the driver’s vehicle.
A different insurance policy may also be responsible for paying damages caused by an Uber driver. For example, if the accident were caused by another vehicle striking the Uber car, then that other vehicle’s liability insurance would likely be responsible for paying damages.
Determining liability in an Uber accident claim can be complicated. If you were injured in an accident while riding in an Uber, you must contact an experienced personal injury attorney to help you navigate the legal process. Garcia and Phan Personal Injury Attorneys have successfully represented Uber accident victims, and we can help you too. Contact us at (714) 586-8298 to schedule a free consultation.