Understanding Uber Accident Claims
As much as you may depend on Uber to help you get around your local area at a reasonable cost, the risk of being involved in a crash is always present when you ride with the company's drivers. While Uber continues to refine their vetting process, anything can happen. Many times, an accident is caused by another motorist who violates traffic laws or simply drives negligently and crashes into the Uber vehicle you have chosen.
Unfortunately, as personal injury lawyers, we've seen far too many ridesharing accidents occur in Florida and around the country. What makes the aftermath worse is dealing with insurance claims. When an Uber vehicle is involved in a collision, injury victims should consider bringing an Uber insurance claim. However, Uber claims can be more complicated than a typical two-car crash.
Do you know what to do if you're in an Uber accident and need to file an Uber accident claim? You need to know who may be responsible for your legal damages, how much insurance coverage is available, and how to protect your legal rights when going up against a corporate giant like Uber.
Whether you're an Uber passenger, an Uber driver, another driver, or a pedestrian involved in a collision with an Uber vehicle, your legal rights and responsibilities may vary. Uber accident claims are never simple, and it's best to work with an experienced Uber accident lawyer to ensure you receive the compensation you deserve.
Let's take a look at the Uber claims procedure and why dealing with these insurance companies can be a major burden if you don't have a personal injury attorney fighting for you.
How Insurance Works With Uber Accident Claims
All Uber drivers are required to have personal auto insurance coverage. As part of the No-Fault law in Florida, every driver must have insurance for personal injury protection. These benefits are paid by the company after a crash, no matter who's at fault. Keep in mind many well-known insurance companies don't cover ridesharing, giving Uber drivers fewer choices of insurance coverage.
Drivers who work for Uber are automatically covered for liability to a third party if they are in an accident they caused. However, these insurance policies offer different coverage depending on the driver's status at the time of the accident.
The Driver's Status Affects an Uber Accident Claim
According to the law, an Uber driver's status depends on what stage of the ride they are in at the time of a collision.
The Driver is Active and Waiting for a Passenger
If the driver has the Uber app open and is waiting to be matched to a passenger, only liability coverage applies. While coverage limits might vary by state, the general liability limits are usually equal to the state's minimum coverage requirements, for example:
- $50,000 per person/$100,000 per accident for any bodily injury.
- $25,000 per accident for any property damage.
The Driver is Matched with a Passenger or Actively Transporting a Passenger
If the driver is on the way to pick up a passenger or is actively driving a passenger to their destination at the time of the accident, full comprehensive coverage kicks in. This enhanced accident coverage can have limits of up to $1.5 million for death, bodily injury, and property damage per incident. If another motorist is at fault for the accident but they don't have sufficient insurance coverage, Uber's policy will provide uninsured and underinsured coverage as well.
The Driver is Not Actively Working for Uber
If the Uber driver does not have the Uber app open and is not actively using the app, any accident caused by the driver would only be covered by their personal auto insurance policy, and Uber will not accept responsibility for your injuries.
You may also have coverage through your own personal insurance or another motorist's coverage if they caused the accident. Some states also offer driver injury protection that pays out substantial compensation, including disability, medical expenses, and survivor benefits. Of course, the no-fault requirements in Florida make this an automatic requirement.
How to File Uber Accident Claims
After an Uber accident, if you are injured at all, seek medical attention. If you are able, try to gather information from all drivers, eyewitnesses, and other passengers. Take photos of everything involved in the crash, including the vehicles, the location, the weather, any injuries, and anything else related to the collision. Report the crash to the police and call for medical help if anyone is hurt.
Regardless of who may be at fault, if you are in a car accident while using Uber, you can start the claim process immediately through the Uber app. Find the "Help" option in the app and choose "Trip Issues and Refunds." Select your trip and explain what happened. Do not try to assign blame. Just report the facts of the crash.
Better yet, before reporting the crash to Uber, contact a personal injury lawyer who has experience handling Uber accident claims. They will understand the complicated process and can explain the coverage you may be entitled to receive. Qualified injury lawyers should offer a free consultation so you can ask questions and learn about the Uber claims process without spending a dime.
Filing Uber Accident Claims as an Injured Uber Driver
Perhaps you're an Uber driver who was injured in an accident that was someone else's fault. You can make an insurance claim by reporting it to the company first on their Trip and Fare Review page. A member of their staff typically reaches out after your report and sends you an Incident Report Form via email.
After you fill out the form, Uber sends this to their insurance company for review. The insurance company will contact you within a few days to let you know if they'll cover your accident. Uber specifically notes that if any physical damage coverage is available, you'll be responsible for a $1000 deductible. Also, note Uber may provide your insurance policy information to a third party if they need to file a claim regarding your accident.
Depending on the severity of your injuries, you may need to file an accident claim against the company or another responsible motorist. Partnering with a dedicated Uber accident attorney can help protect your rights while you focus on recovering from your injuries and returning to work.
Trust a Dedicated Injury Lawyer to File Your Uber Claim if You're Hit by an Uber Driver
Unfortunately, you'll find a lot of gray areas when it comes to claims with Uber driver insurance. If you're a pedestrian or driver and an Uber driver injures you in a crash, you need to understand how to file an Uber insurance claim and which losses you can request.
With multiple parties and insurance policies involved, you may find one insurance company pointing at the other while both deny responsibility for your damages. Uber claims are more complicated than typical car accident claims because you will likely be dealing with both the driver's personal insurance and the company's insurance. Most likely, the driver's personal insurance will deny your claim because the driver was working for Uber. In the past, Uber has also tried to deny liability by claiming its drivers are independent contractors, not employees.
As you can see, these insurance claims are complicated. Uber may ultimately be responsible for covering your claim, although they may turn you down at the start. Providing proper evidence is everything, which is why hiring an experienced personal injury attorney after an Uber accident is so essential.
Learn more: Filing a Claim for an Uber Sexual Assault
What Damages Can You Request in an Uber Accident Claim?
Similar to other motor vehicle accident cases, if you were injured while riding in an Uber vehicle, you can request a variety of financial losses related to the crash. Most states divide an injured person's losses into two categories of legal damages - economic and non-economic.
What are Economic Damages?
After a car collision, most injury victims incur out-of-pocket financial losses related to their injuries. Common economic damages you might include in an Uber claim include:
- Medical expenses - both current and future anticipated costs
- Lost income - for time off work due to the injury and expected time off for rehabilitation and future treatments
- Future lost income potential - if you cannot return to work in the same capacity or you cannot work at all
- Property damage - to cover any personal property that was damaged or lost in the crash
These losses are fairly easy to prove with receipts, reports, estimates, and calculations. You should include all relevant economic damages in your Uber accident claim.
What are Non-Economic Damages?
Some legal damages are not easily visible and cannot be proven with a piece of paper. Many people who are injured in car accidents suffer extreme pain, mental and emotional harm, and life-altering circumstances. The law allows an injured accident victim to request compensation for these more intangible losses as non-economic damages. Common car accident non-economic losses can include:
- Physical and mental pain and suffering
- Loss of enjoyment of life
- Loss of use of a limb
- Post-traumatic stress disorder (PTSD) or mental anxiety
- Disfigurement or scarring
A compassionate Uber accident lawyer can help determine all of your non-economic losses and explain how to place a value on them to ensure you receive the maximum compensation possible in an Uber accident claim.
The Experienced Personal Injury Attorneys at Dolman Law Group Can Help With Uber Accident Claims
Plenty of personal injury firms claim to be the best, though only a few are truly experienced in handling ridesharing accidents. At Dolman Law Group Accident Injury Lawyers, PA, we're well-known for representing those involved in Uber accidents throughout Florida and nationwide. We help clients navigate the Uber claims process and recover far more compensation than they would alone.
Don't try to take on these insurance companies by yourself. Chances are they will try to settle with you early, usually at a much lower amount than you will need over time. Let the legal professionals at Dolman Law Group fight for the compensation you truly deserve.
Reach out through our online contact form if you're in an Uber accident. Or call us at (727) 451-6900. We can handle all communication with insurance companies so you can recover from your injuries in peace.
Dolman Law Group Accident Injury Lawyers, PA
800 North Belcher Road
Clearwater, FL 33765
(727) 451-6900