Uber Car Accident
Overview
Uber and other ride share companies have taken over Florida roadways. State governments have created new ride-share laws to protect consumers. Over the past several years, taxis and other highly regulated industries have been replaced by an unregulated ride-sharing industry. Americans trying to make some extra side money can apply to become a ride-share driver. The application is simple and the qualifications are minimal. Ride-sharing is a unique and convenient concept, however, Uber and other ride-share companies have yet to fix all the bugs. We’re not referring to app glitches. We’re talking about Uber’s need to prevent harmful and predatory drivers and passengers from using its app. Uber needs to remove its unqualified drivers from our roadways to prevent future harm to other Uber app users.
Uber Accident Injury
Uber car accidents can happen to different types of Uber users including: passengers, drivers, and pedestrians injured by Uber drivers and/or passengers. Even more gruesome, Uber reports that scores of sexual assaults occurred when it connected certain Uber app users. Uber is under immense pressure to improve the screening of its Uber drivers. Fortunately, Uber accident insurance has become necessary to operate as a ride-share driver.
Uber created an entirely new arm of the tech industry and its new ride-share industry creates new liability issues. For example, taxi companies hire taxi drivers as employees and are liable for the actions of their drivers. Uber drivers are independent and Uber may not be vetting their drivers as rigorously. Although new ride-share laws hold Uber accountable for its drivers, Uber believes that its drivers are independent contractors. See below for a detailed list of the stages of Uber insurance coverage and Uber Insurance Claims.
Uber Insurance Coverage Periods
Period One
This period starts when the Uber app is on and the Uber driver is waiting for a ride request. Uber drivers only receive limited liability coverage in this period ($50k injury per person/$100k total/$25k property damage). For all other types of coverage, the Uber driver must have their own personal insurance—many insurance companies require drivers to have specific policies. Uber receives many benefits by classifying Uber drivers as contractors, not employees.
Period Two
Period two begins when an Uber driver and Uber passenger have connected and the Uber driver is in traveling the Uber passenger’s location. Uber generally provides coverage during in this period (up to $1 million of total liability coverage, $1 million of UM/UIM, and full coverage of vehicle damages with a $1,000 deductible).
You may want an attorney to assist you when filing a claim against Uber. Uber may require the Uber driver provide proof that the Uber accident occurred while the Uber driver was traveling to pick-up an Uber passenger. Without evidence, Uber may limit the Uber claim and determine that the driver was in period one. If Uber does this to you, contact an Uber Accident Lawyer immediately.
Always remember: collect as much evidence as possible while your ride-share app is active. Snap a screenshot of the Uber app that shows you received an Uber ride request. In a Florida court of law, a screenshot could be the difference between receiving full compensation or losing your Uber claim altogether.
Period Three
This period is active while a passenger is in an Uber vehicle. A driver must prove the presence of a passenger, and then, Uber allows insures the passenger and the driver. Please note, period three coverage is the same as period two.
Passenger Injury
Passenger safety depends on your Uber driver. As an Uber passenger, you may be an innocent and helpless victim. Your largest challenge may be proving the severity of your injuries.
Uber drivers have insurance coverage to protect Uber passenger that sustain injuries while using the Uber app. Additionally, Uber provides uninsured/underinsured motorist coverage. Nevertheless, in some circumstances, Uber may push their responsibility onto their own Uber driver.
You should never assume that Uber will pay you fair compensation for your injuries, even if the Uber driver or Uber passenger injury was not your fault.
Passengers who are injured may be able to recover the following damages:
- Past medical bills
- Future medical bills
- Lost wages
- Pain and suffering
- Emotional distress
- Punitive damages (if applicable)
- Other damages
If you have been injured in an Uber car accident, you should seek immediate medical attention. Florida requires auto accident victims to seek immediate medical attention or your claim may be denied.
Driver Injury
Everyone focuses on Uber passenger injuries. We get it. Uber passengers are consumers and the customarily come first. However, we’re here to protect Uber drivers too. As described above, Uber driver accidents may or may not be covered. Sometimes, even if an Uber driver is on the clock, Uber may deny coverage.
If you you are an Uber driver that sustained injuries from an accident, seek immediate medical attention. If you are able to do so, collect as much evidence as possible. See below.
What To Do After An Accident
If you are able to:
- Screenshot the Uber pickup in progress
- Take pictures of the your vehicle
- Take pictures of the accident scene
- Write down the names of any witnesses
- Seek medical attention
- Contact an Uber accident lawyer
Drivers who are injured may be able to recover the following damages:
- Past medical bills
- Future medical bills
- Lost wages
- Pain and suffering
- Emotional distress
- Punitive damages (if applicable)
- Other damages
Pedestrian Injury
Uber has difficulty determining insurance and liability because ride-sharing is a new industry. In 2013, Uber experienced its first time in the public spot light. It was an Uber accident case where an Uber driver in San Francisco named Syed Muzzafar, hit a six-year-old girl and killed her. The six-year-old died while crossing the street. Muzzafar had his Uber app opened at the time. Notably, Muzzafar wasn’t transporting a passenger. For that reason, Uber argued that Uber couldn’t be liable for the Uber accident. Uber fell back on its defense of how the Uber drivers are not actual employees but independent contractors. Uber settled with the girl’s family after receiving major public backlash.
Don’t rely on Uber to pay you. Like any major company, Uber may deny its legal liabilities. If you have been hit by an Uber driver, you are not guaranteed compensation. In pedestrian cases, a lawyer may be essential.
Pedestrians who are injured may be able to recover the following damages:
- Past medical bills
- Future medical bills
- Lost wages
- Pain and suffering
- Emotional distress
- Punitive damages (if applicable)
- Other damages
News & Resources
Uber Self Driving Vehicle Kills Woman | https://www.bbc.com/news/business-50312340
103 Uber Drivers Accused of Sexual Assault or Abuse | https://money.cnn.com/2018/04/30/technology/uber-driver-sexual-assault/index.html