You’re in sunny Florida for a winter getaway, and you’ve ordered an Uber to see local sights, enjoy the scenery, and stay away from needless driving stress. Then suddenly, another vehicle hits the Uber Car you are. You’re shaken and confused, injured and dazed.
Navigating such a situation can be cumbersome, especially when you’re not in your country or a state with which you’re familiar. Let’s uncover the confusion and help you with the answers.
In an Uber Accident, Who Is Liable?
As a passenger you are not in any way, shape, or form considered at fault for the accident or injuries you sustained. With one exception – you can be found contributorily at fault if you did not put on your seat belt. Having said that most UBER accidents are fairly straightforward.
- Who caused the crash – As a passenger you have the right to bring a legal action against the Uber driver and any other driver who caused or contributed to the accident.
- Uber’s insurance coverage: Uber provides insurance coverage to all of their car drivers as long as they (or you) are logged in at the time of an accident. Uber drivers wear two hats. They have their own personal car insurance coverage, and that of Uber agent, servant or employee when they are “logged into the UBER app”. When you get into an UBER, ask the driver if he or she is in the correct “mode”. In addition you will be asked to confirm the UBER code. Once confirmed you are all set to go and the insurance is in place.
- Regulations vary between Provinces and States but they primarily deal with issues of responsibility for insurance coverage, tendering fares, and consumer protection.
Uber's PIP Insurance Policy- What Does It Cover?
Uber’s insurance policies entitle passengers and drivers, to medical and rehabilitation benefits subject to the State or Province’s PIP minimum requirements.
UBER Driver’s liability when they are at fault?
Once the ride is accepted driver’s have a minimum of a $1 million liability insurance policy plus excess coverage (for example in Ontario, Canada it is $10,000,000). On rare occasions it might even provide underinsured and uninsured motorist coverage.
Generally third party liability coverage includes claims for:
- Bodily injury, and,
- Property damage,
What to do after a Uber Accident
In the event of an Uber accident there are some very simple steps to take to protect your rights and ensure compensation is received:
1. Receive Medical Assistance
Even if the injuries seem minor, visit a doctor immediately. Minor injuries can sometimes become major physical or psychological problems.
2. Report the Accident
Report the accident with the local police and obtain a copy of the accident report.
- Report the incident to Uber
- Report the accident to your own personal car insurer.
- Your UBER app also has a segment dealing with the reporting of accidents.
3. Gather Evidence
Take pictures of the accident scene and any car damage.
4. Challenges in Uber Accident Claims
Uber accident claims can be challenging but as a passenger you are rarely considered at fault. Here are some of the most common obstacles:
- Multiple parties involved: Given the participation of a driver, other drivers, and the rideshare company, it can be challenging to sort out liability claims.
- Insurance disputation: Insurance carrier(s) may try to minimize your personal injury or the financial amounts owed. At the same time, a lawyer can protect your rights.
- Cross-border car accident complications: If the UBER driver is not at fault, claimants might have to look to their own Uninsured and Underinsured car insurance coverage in order to be properly compensated.
Importance of Legal Representation
Getting a personal injury lawyer familiar with Uber accidents can make a marked difference. Here is how:
- Establishment of responsibility for the accident.
- Represent you in communications with Uber, its insurance company, third party liability insurers, and contractual insurers who might have to be involved.
- Ensure you are compensated to the fairest extent for medical expenses, lost wages, and pain suffering.
Helping Snowbirds Injured Across North America
For over 40 years, we’ve been helping Canadians involved in car accidents and other personal injury incidents while traveling in both the United States and across Canada. Unfortunately, accidents happen. But, when they do, we are here to help navigate the legal and insurance challenges that arise.
Cross Border Accidents and claims are very complicated!
Call the Free Snowbird Helpline at 1-800-587-6992
Or Email – snowbirdaccidents@yahoo.com,
