Ridesharing companies like Uber, Lyft, and others provide an excellent service for consumers seeking a safe and alternative way to drive themselves. However, it is no surprise that rideshare drivers are equally, if not more, prone to car accidents resulting in injuries to their passengers and other motorists on the road. Those that have experienced a rideshare accident should know their legal rights so that they know if they can sue for injuries after an Uber accident.
Uber’s Insurance Coverage
Like most commercial businesses, Uber has reasonably robust insurance coverage for performing its operations – that coverage varies depending upon a variety of factors. Uber’s insurance coverage policy divides claims into three distinct categories based on the driver’s status at the time of the accident:
- The driver is offline
- The driver is available or waiting for a ride request
- The driver is en route to pick up riders during trips
As you can see, it is essential to understand the status of a driver at the time of the rideshare accident as it will affect what type of coverage and how much coverage is available to pay for your damages.
The Uber Driver is “Offline” if the Uber App is Turned Off
When the driver is offline, or Uber’s mobile web application is turned off on the driver’s phone, Uber claims it is not responsible for accidents that occur with that driver. Instead, accidents involving an Uber driver when the driver is not utilizing the application should be covered by that driver’s own insurance policy.
The Uber Driver is Available for Pick Up or is Awaiting a Pick Up
If an accident occurs while a driver is “available” (the driver indicates to the app the driver can pick up passengers) or the driver is waiting for a request to populate, Uber’s insurance policy can apply as third-party liability coverage. Uber’s third-party liability coverage pays up to:
- $50,000 per person for bodily injury
- $100,000 per accident for bodily injury
- $25,000 per accident for property damage sustained during the accident
The Uber Driver is Actively Picking Up Passengers or is Engaging in a Trip
Uber’s insurance coverage applies most expansively when one of its drivers is either actively picking up a passenger or is currently engaged in a trip. Uber maintains $1,000,000 in third-party liability coverage for passengers and other motorists in case of an accident. Uber also maintains uninsured or underinsured bodily injury coverage.
Dealing with Uber Accidents
Those who have been injured in car accidents know how challenging managing the aftermath can be. Between haggling with insurance companies, mischaracterizations made by parties involved, obtaining police reports, and seeking treatment, the process can be overwhelming, to say the least. Thus, it is vital to understand how to address an Uber or rideshare accident when experiencing one.
Uber Accidents as an Uber Passenger
Uber passengers should always contact Uber after an accident, regardless of the circumstances of the collision. Although Uber drivers are required to report accidents, it is always a good idea for passengers to note their experiences as well. Once reported, the passenger may be able to pursue a claim against the party that struck the Uber driver’s vehicle as well as the Uber diver and / or Uber itself.
Pursuing a claim against Uber and / or against your own insurance policy is the best option if an at fault third party driver does not have insurance. It is best to contact an experienced car accident attorney in either scenario to ensure a passenger’s legal rights are not violated.
Uber Accident as a Motorist
If you have been involved in an auto accident involving an Uber vehicle, it is best to contact Uber and submit a claim against the driver. For third-party drivers, it is sometimes unclear whether the Uber driver was operating their vehicle with the app turned on or whether the driver was in the process of picking up a passenger. Thus, filing a claim with Uber is always best to do first.
Third-party drivers should also seek medical attention directly after a rideshare accident, notify local law enforcement to generate a police report, and contact their insurance company for assistance. Drivers should also take photos of the accident scene and try to obtain the contact information of any parties that may have been involved in or seen the crash. This can include passengers of third-party vehicles, pedestrians walking by the scene, and other vehicles near the accident site.
Filing a Personal Injury Lawsuit Against Uber
Pursuing legal action against a large company like Uber or other ridesharing companies is an enormous task. Because these companies operate across the U.S. and around the world, they have teams of insurance experts and attorneys working tirelessly to prevent significant payouts of claims.
Thus, contacting an experienced Corpus Christi Uber accident and rideshare attorney as soon as possible is essential. An attorney’s services typically include:
- Investigating the facts of the case
- Collecting critical evidence of the accident
- Negotiating with insurance companies and Uber or other rideshare companies
- Filing a lawsuit
- Engaging in settlement discussions
- Preparing for and leading the charge at trial in court
Texas Statute of Limitations
Like most states, Texas requires victims of any auto accident to file a claim within a reasonable timeframe, which is called a statute of limitations. In most cases, the failure to file a lawsuit before the statute of limitations has expired can bar the injured party from bringing a claim in the future. Currently, parties to an automobile accident must file a lawsuit within two calendar years of the accident.
Contact a Corpus Christi Uber Accident Lawyer Today
Although Uber and other ridesharing companies provide a needed service to consumers, they do not always advocate for their customers’ best interests after an auto accident. If you were injured in an accident with an Uber vehicle or other ridesharing company car, contact John Flood to speak with a rideshare accident lawyer today in a free consultation.
