Does Uber Compensate for Accidents – Injury Protection and Liability

Ridesharing companies like Uber have made lives so much easier for millions of Americans by providing them with a quick and convenient means of transportation without having to splurge thousands of dollars to own a vehicle. However, using Uber does not come without any risks. Uber accidents can leave victims in dire shape. Whether car accidents or sexual assaults by a driver, these incidents can cause physical and mental injuries that take victims a long time to recover from.

We got a hold of Ehline Law and their Los Angeles Uber accident attorneys to get their scoop about this hot subject. They have successfully and resoundingly resolved over 3,000 personal injury claims since 2005. They also have more than 15 years of experience and have recovered well over $150 million in settlements and verdicts. We can’t recommend you contact these Uber accident attorneys as that would look like an endorsement. But their lead attorney, Michael Ehline, helped with this piece so potential clients suffering and wounded after auto accidents can discover the secrets about their rights if they’ve suffered injuries in an Uber accident.

Ridesharing Laws in California

For years, Uber dodged lawsuits by referring to their drivers as independent contractors, not employees. After multiple cases made headlines, lawmakers felt the pressure to introduce ridesharing laws across different states, including California. Rideshare companies like Uber must have higher insurance coverage than a typically non-Uber driver.

The minimum liability insurance coverage in California is as follows:

• $15,000 for bodily injury for one individual 
• $30,000 for bodily injury for the entire accident
• $5,000 for property damage.

However, Uber drivers must have the following insurance coverage if they wish to operate in California:

• $50,000 for bodily injury for one individual
• $100,000 for bodily injury for the entire accident,
• $25,000 for property damage.

The insurance available to Uber drivers and passengers in case of an accident depends on the ride’s status.

Period 0

This period refers to when the driver is not using the Uber application (inactive status) and is going about their day.

In such a situation, if an accident occurs, the driver’s personal insurance kicks in to cover the damages, which is often California’s minimum insurance coverage unless they’ve purchased additional coverage.

Period 1

This period refers to when the driver’s ridesharing application is on but not connected with a passenger (pairing status).

In such a situation, if an accident occurs, the abovementioned coverages of $50,000 bodily injury liability, $100,000 of bodily injury liability coverage per accident, and $25,000 of property damage liability are available for victims to access.

Period 2

This period refers to when the driver gets paired with the passenger and is on their way to pick them up (connected status). In such situations, Uber must carry $1 million in liability insurance which covers the driver who is on the job to pick up an Uber passenger.

Period 3

This period refers to when the passenger sits in an Uber vehicle, and the ride begins. Uber must carry the same minimum insurance coverage as period 2 ($1 million), which covers the driver and passenger in the event of an accident.

California state law requires Uber drivers to have insurance coverage at all times, which means they should have a personal auto insurance policy when they’re in period 0. Drivers may also consider purchasing an additional rideshare policy to cover collisions and medical payments in period 1.

Common Defendants in an Uber Accident

Typically, there are two common defendants in an Uber accident, and most Uber accident lawsuits involve either:

• Negligent Uber driver
• Uber company.

In most cases, the defendant is the negligent Uber driver who fails to follow the traffic rules. However, Uber is also responsible for ensuring proper vetting procedures and conducting background checks to ensure the safety of their passengers.

Although the company may not be directly liable for their driver’s actions, if Uber was negligent in checking their driver’s background check, which led to injuries to a passenger, they may be liable for the damages caused by the driver.

It is important to note that although these two are the most common types of defendants in an Uber accident, others may be liable depending on the circumstances of your Uber accident.

For example, suppose the Uber driver followed the traffic rules but got into an accident with another road user who broke the traffic law. In that case, the other road user may be a potential defendant in your Uber accident claim.

Uber accident victims must reach out to experienced Uber accident attorneys to discuss their cases and learn more about their rights and legal options.

How Does Compensation Work in an Uber Accident?

In a typical car accident, the injured victim pursues a personal injury claim against the at-fault driver’s insurance company to recover compensation for the damages. However, pursuing an Uber accident claim can be rather challenging. Let’s look at how compensation may work in an Uber accident.

Suppose an Uber accident occurs, and the driver, passenger, or both suffer injuries. In such cases, the injured victim(s) may pursue an Uber car accident claim against the driver’s insurance policy or Uber’s insurance company, depending on the time of the accident.

Suppose the driver gets into an accident with another car due to their negligence, and the Uber app is off at the time of the incident. In that case, the injured victim may have to pursue an Uber accident claim against the negligent Uber driver’s personal auto insurance policy.

Let’s assume that the driver picks up a passenger and negligently breaks the traffic law, resulting in an accident and injuries to the passenger.

In such a situation, the injured passenger will have access to the $1 million coverage required by the Uber company, and they must pursue an Uber accident claim against Uber’s insurance company.

Uber Insurance Policies May Also Vary

Although Uber requires its drivers to have an insurance policy during period 0, the company may also provide different types of coverage, including the following.

Contingent Liability

This non-deductible insurance kicks in when the driver is on the Uber app but has not yet paired with a passenger.

Contingent Comprehensive and Collision Insurance

If an Uber driver has comprehensive collision coverage on their car insurance, Uber will maintain insurance on their behalf, covering their vehicle in case of physical damage, regardless of fault. However, the Uber driver must pay a $2,500 deductible before the coverage applies.

Uninsured/underinsured Motorist Bodily Injury Insurance

This insurance coverage covers the Uber driver and the passengers if an accident occurs during an Uber trip and the other driver at fault does not have enough insurance.

With so many insurance policies available to the driver, it may become confusing which insurance policy is available to you in the event of an accident.

Experienced Uber accident attorneys understand the types of insurance policies at play during every part of the ride and use their skills to pursue an Uber accident claim to get you the compensation you deserve.

Does Uber Compensate for Accidents?

Since Uber drivers are not employees but independent contractors, it can be highly challenging to hold Uber accountable for the damages caused by their drivers. They have an insurance policy which you can pursue a personal injury claim against, but that depends on several factors, including whether you’re a driver or a passenger.

Uber Drivers

If an Uber driver gets into an accident, the Uber third-party insurance company will only cover vehicle damage if the driver has car insurance with collision coverage.

A driver injured in an accident may struggle to receive compensation from Uber unless the other party was at-fault for the accident and they were underinsured/uninsured.

Uber Passengers

In the event of an Uber accident that leaves a passenger with injuries, the company will cover the damages to the passenger unless there is another party responsible for the accident. The passenger must pursue a claim against the at-fault party in that situation.

If the Uber driver and another passenger are partially responsible for the accident, in that case, under California’s comparative negligence rule, the injured victim may be able to pursue the claim against both the defendants (Uber and the other party).

What Is the Average Uber Accident Settlement?

It is difficult to calculate the average Uber accident settlement as the settlement varies from one Uber accident claim to another.

In most cases, Uber accident settlements occur behind closed doors meaning it can become impossible to calculate the average Uber accident settlement if you don’t know how much they’re paying for claims. However, an Uber accident attorney can estimate your case’s value by reviewing your case’s facts.

Several factors affect an Uber accident settlement, including the severity of your injuries, nature of the injuries sustained, emotional and psychological trauma, the policy that kicks in depending on the ride’s status, and liability and fault, among others.

Injured victims who suffer soft tissue injuries may not be able to recover a lot when they pursue Uber accident claims. On the other hand, injured passengers who suffer traumatic brain injury may have access to $1 million in liability coverage provided by Uber’s third-party insurance provider.

In cases where an Uber driver is on the app but not yet paired, if they are negligent and crash into another driver, the other driver may not be able to access more than Uber’s insurance limit of $50,000 during that period.

An injured victim (whether a driver, passenger, or another party) must speak to a skilled Uber accident lawyer to discuss their case. There are a lot of complications, and pursuing compensation against a large company like Uber is often challenging.

Let an experienced Uber car accident attorney handle the case, protect your rights, and fight for maximum compensation.

Types of Damages Available to Victims after an Uber Accident

When Injured Uber passengers or drivers pursue Uber accident claims, they may be able to recover the following two types of compensatory damages.

Economic Damages (Special Damages)

These out-of-pocket expenses incurred after the Uber car accident include the following.

Medical expenses

These include all types of medical bills (current, past, and future) arising from injuries sustained in an Uber accident, such as surgery costs, prescription medication expenses, therapy costs, and other medical bills.

Lost income

These include income lost due to absence from work and also loss of future earning potential.

Property damage

An Uber accident can lead to vehicle damage and other property damage for which affected victims may obtain compensation.

Non-economic Damages (General Damages)

These are damages arising from subjective losses such as pain and suffering. It may include mental anguish, emotional distress, and other non-monetary losses for which injured victims can pursue compensation.

Non-economic damages are challenging to calculate, as assigning a dollar value to subjective losses is difficult. Often, victims leave money damages on the table in an Uber accident case as they’re not sure of the value of their claim.

An experienced personal injury lawyer can calculate your pain and suffering by working with a reputable medical professional and reviewing past case verdicts to ensure maximum Uber accident settlement.

Schedule a Free Consultation with an Accident Involving an Uber Driver

Are you the victim of an Uber driver’s negligence or recklessness in need of personal injury protection? Are you seeking medical payments coverage after a rideshare accident and don’t have enough health insurance? Ready to sue Uber? You should find someone in your state who can handle Uber accidents and other similar insurance claims. For example, Ehline Law is a superior personal injury law firm based in Los Angeles, CA. Although they have a nationwide reputation for being trustworthy, compassionate, and aggressive litigators, they only handle accidents in Texas and California State. When they take Uber accident cases, the insurance company knows they must bring their best offer or face trial in court.

Conclusion

Uber car accidents can be devastating, and the legal process is complicated. It is best to leave matters to our experienced and aggressive attorneys while you recover from your injuries. Ready to form an attorney-client relationship? If you’ve suffered a serious injury in an Uber accident, whether you’re a driver, passenger, or another party, most lawyers offer a free consultation, as you may be able to seek compensation for past, present, and future medical bills and lost wages. Choose wisely and swiftly, as there is a statute of limitations, memories can fade, and witnesses can disappear.