Who Is Responsible for an Uber Accident?
The responsible party for an Uber accident depends on who was negligent, how the accident happened, and whether or not the Uber driver was “on-the-clock.”
If an Uber accident left you injured, you will need to determine who was liable before you can file a claim for compensation. To know your full legal rights, speak with an experienced Uber accident lawyer who can help. For a FREE consultation with the best attorney for your needs, call us at (214) 305-8277 or contact us online today.
What to Know About Accident Liability in an Uber Crash
Auto insurance helps protect you if you get into an accident. The at-fault party is responsible for the accident damages if you live in a fault state like Texas. Someone is at fault if their negligence leads to the accident.
Negligence is the failure to exercise ordinary care in protecting others from the risk of harm.
Examples of negligence while driving include:
- Texting or messing with your phone while driving
- Aggressive driving or road rage
- Performing traffic violations like failing to yield or speeding
- Driving while under the influence of drugs or alcohol
- Driving while fatigued or drowsy
Most of the time, a driver is responsible for an Uber accident. If the Uber driver exercises negligent behavior and that behavior causes the accident, the Uber driver is liable for the damages. If another driver’s negligence causes them to hit the Uber driver, the first driver is responsible for the accident.
Other Potentially Negligent Parties
Although a driver is usually the at-fault party in an Uber accident, other companies or entities may be responsible too:
- Uber (as a company) might be responsible for hiring an unqualified driver or failing to screen the driver properly.
- A vehicle or vehicle parts manufacturer might be responsible for defective vehicle parts that caused the accident.
- A repair shop might be accountable for performing faulty repairs on the Uber vehicle that caused the crash.
- A government entity might be responsible if road defects, poor traffic signs, or other road conditions caused the accident.
Since Uber drivers are not employees, you can rarely sue Uber for an accident one of their drivers caused. But you might be able to file a claim with their insurance company if the accident is covered.
Partial Fault for an Uber Accident
Texas and many other states use proportionate responsibility laws (also known as modified comparative negligence) for auto accidents.
Under proportionate responsibility laws, if a claimant is found to be partially at fault for an accident, their compensation can be reduced based on their percentage of fault (Texas Civil Practice and Remedies Code Section 33.012). If the claimant is over 50% responsible for the accident, they will not recover damages.
Proportionate responsibility laws allow you to seek compensation even if you are partially responsible for an Uber accident. You can also file more than one insurance claim if multiple parties are at fault. To determine exactly who was at fault for your Uber accident, contact an experienced lawyer for help.
How Liability Insurance Works for Uber Accidents
Uber does provide insurance coverage for drivers in some situations. However, Uber drivers are considered independent contractors rather than employees. The driver’s working status when they cause an accident will determine insurance coverage.
Picking Up or Transporting Passengers
If an Uber driver causes your accident while they are en-route to pick up a passenger or currently transporting a passenger through the app, Uber’s insurance coverage applies.
Uber provides the following coverage for drivers:
- $1 million in third-party liability coverage
- Uninsured/underinsured motorist bodily injury coverage
- Contingent comprehensive and collision coverage
As the injured party in the accident, the liability coverage is all that concerns you. The insurance provides up to $1 million in bodily injury and property damage coverage if the Uber driver causes your accident.
A million-dollar policy sounds great, but it doesn’t necessarily mean you’ll have access to that much. The insurance company is prepared to protect their money as much as possible, so they will look for ways to reduce what they have to pay.
To protect your rights and ensure you are seeking the fullest compensation possible after the Uber accident, talk to an Uber accident lawyer today. Call (214) 305-8277 or contact us online to get a FREE, no-risk consultation.
On-the-Clock or Waiting for a Request
If an Uber driver is available through the app but hasn’t received a ride request yet when they cause an accident, the driver’s personal auto insurance coverage will apply first.
If the driver’s insurance won’t cover the accident, Uber provides the following in third-party liability coverage:
- $50,000 in bodily injury per person
- $100,000 in bodily injury per accident
- $25,000 in property damage per accident
The driver’s insurance company might not cover their accident because they were technically using their car for commercial purposes rather than personal reasons. However, if the driver’s insurance company covers some of the accident, you might be able to file claims with both Uber’s and the driver’s insurance companies.
Driver Is Offline
If the Uber driver is not using the app to accept rides when they cause the accident, the driver’s personal insurance will apply. You will need to file a claim with that insurance company.
How to Handle an Uber Accident Claim
If an Uber driver causes your accident, you have legal rights. If you can, gather information at the scene like:
- Contact and insurance information for the Uber driver
- Pictures of the scene, your injuries, and your vehicle damage
- Contact information for eyewitnesses
Keep track of all of your damages resulting from the accident. Also, be sure to get medical attention as soon as possible, even if you feel okay.
After the accident, if one or more insurance companies reach out to you, be very careful about any communication. To be safe, talk to an Uber accident lawyer first.
Get a Free Consultation with an Uber Accident Lawyer Today
Our Dallas car accident lawyers know what it takes to build successful accident cases and win. We can connect you with the best Uber accident lawyer for your case, at no risk.
Call us at (214) 305-8277 or contact us online to get a FREE consultation. There is no fee unless we win you compensation.