Technology has rapidly changed the way people do things on a daily basis. One sector that was affected is your commute to work. Now, with many ridesharing apps available, people like you choose to get to their destination by hiring an Uber or Lyft car, which is akin to a comfy private limo service but much cheaper. Uber is now the leading choice of many commuters because of its user-friendly interface.
As much as you enjoy this ridesharing services, one thing that is inevitable and always unforeseen while you’re on the road is an accident. No one wants an accident and no one plans for it to happen, but it can happen when you least expect it. No matter how cautious you are on the road, you are never in control of other the drivers, pedestrians, road conditions, and even the weather.
Suing Uber if You’re Injured by their Driver in an Accident
If you are riding an Uber or you got into a collision with an Uber driver, can you sue the Uber company and the Uber Driver itself? An Uber and Lyft accident lawyer in Los Angeles said that this is a very good question that riders of Uber must ask themselves at least once in their life.
This ridesharing accident attorney said that you can sue Uber itself or an Uber driver if you are in an accident with an Uber car. This is true whether you are riding in the Uber car as a driver and passenger, you are a pedestrian hit by an Uber driver, or you own another vehicle that has been hit by an Uber car.
However, there are certain things that you must now about suing. According to an expert Uber and Lyft accident lawyer in Los Angeles, suing the Uber company itself or the Uber driver depends on certain scenarios because Uber is using a confusing insurance model based on whether the app was on or off during the time of the accident.
Thus, the amount of insurance money that will be available to you will hinge on whether the app was in use during the moment of impact. For best results of your case, you must contact a reputable firm like West Coast Trial Lawyers to ensure that you will be able to navigate the intricacies of the law, so you can get the just and proper compensation you deserve.
Understanding How Uber’s Insurance Can Impact Your Accident
When you’re in an Uber accident, a ridesharing accident attorney said that an Uber driver has three varying kinds of insurance coverage with their corresponding amounts. These insurance coverage plans come from different sources, depending on the driver’s status or use of the app at the time of the accident. These scenarios are:
- The Uber Driver’s App is Not Engaged
If the Uber driver is not available to accept any service and the app is not engaged, he is essentially off the clock and is not considered working for Uber. When the Uber car hits you in this scenario, you can only rely on the driver’s own personal insurance policy.
This means that the Uber car is just like any other normal car on the road because the Uber app is inactive. Just because this private car has as an Uber car sticker, it does not mean that you will automatically be covered by the Uber company’s insurance.
In the state of California, there are certain laws that require their drivers to carry insurance. The specifics of these are they must carry at least this minimum coverage:
- Bodily injury liability coverage which amount to $15,000 per person / $30,000 per accident minimum.
- Property damage liability coverage which is worth $5,000 minimum.
They also recommend the following, but this can be waived as per new current CA regulations:
- Uninsured motorist bodily injury coverage at $15,000 per person / $30,000 per accident minimum.
- Uninsured motorist property damage coverage with $3,500 minimum.
If the Uber app is not engaged, these are the minimum damages you can expect from an Uber driver. Hopefully, your driver has the foresight to get a much bigger insurance coverage. Another option is to go through litigation with the help of your trusted West Coast Trial Lawyers, so you can sue the driver for further damages.
- The Uber Driver’s App is Engaged
If the Uber Driver’s app is showing as available and he is ready to give rides, this changes the scenario of your insurance claim. If the driver is on the job, but doesn’t have any passenger yet, and he ends up hitting you, you can ask for damages through their own private insurance PLUS you can ask for more because Uber provides a contingency insurance plan for cases like this.
Please be aware that this contingency insurance allows you to get another $50,000 per person ($100,000 per accident) in liability coverage, plus an additional coverage of $25,000 in property coverage for your damaged property like your car repairs.
- The Uber Driver Has a Passenger on Board
If there happens to be a passenger on board at the time of the accident, the Uber puts the full weight of its insurance protection for their driver. Now, the liability insurance coverage is upped to $1 million and there is another $1 million in property coverage that will be available to you.
As you can see, the amount of money you can claim on insurance will depend on whether you are an Uber passanger at the time of the accident, and whether the driver has engaged the app or not. These factors will determine if you will go after the driver or Uber itself.
Suing the Uber Driver If You’re an Injured Passenger
As a passenger, you will also be covered by the full $1 million Uber policy. On top of that, since you are just the passenger, you will never be at fault. Your claim will be settled by Uber itself because you have availed of their services. You can immediately file an insurance claim against the company. Because things are pretty cut and dry, there is generally no lawsuit in this scenario but a settlement.
Suing the Uber Driver Who Caused an Accident
It is totally possible for you to sue the Uber driver if you where in another vehicle (as a driver or passenger) that was hit by the Uber car. You can also sue if you are a pedestrian who was hit by an Uber car.
Again, in both scenarios, the insurance coverage will be determined based on the engagement of the Uber app. If the driver was off the clock, then Uber will deny liability of any claims. If the driver was in transit to pick up a passenger, then the contingency insurance of Uber will kick in.
Bottom Line
Whatever scenario you are in, it is best to consult a personal injury lawyer to help you with you navigate your legal options. Even if it is not your fault, you have to seek the advice of a lawyer because these insurance agents will try to low ball you and get you to agree to a very low rate that is not commensurate to the trauma, pain, and inconvenience this accident has cause you.
You need an honest and reliable legal consultant to help you sort out the specifics of your case. Lawyers in a reputable firm like the West Coast Trial Lawyers will be your partner to help you gather evidence and organize your documents, so you can focus on the more important aspect of recovery and getting your life back in order post-accident.
