Rideshare services, including Uber, Lyft, and others, have transformed transportation and changed the way people get around. Out of all of the rideshare apps, Uber is the largest and accounts for nearly 75% of the U.S. market share. Each day, millions of Americans hail rides via the Uber app. While Uber offers a convenient and affordable way for people to reach their destinations, riding in an Uber vehicle carries the same accident risks as riding in any other car. Rideshare drivers, passengers, pedestrians, and the occupants of other vehicles all face a risk of suffering serious injuries when they are involved in Uber accidents.
Like other motor vehicle collisions, Uber accidents may involve insurance claims. However, Uber accidents involve complicated insurance issues that can make it harder for people to understand how to recover compensation for their injuries and losses. Here’s a look at the Uber insurance claims process and why it might be important to work with an Uber accident attorney in Los Angeles to recover the money you are owed.
Insurance Claims Following Uber Accidents
Uber drivers must carry auto insurance separately from what is provided by Uber. Each rideshare driver’s insurance policy should include an endorsement allowing them to use their vehicle to provide rideshare services. Without this endorsement, the driver’s insurance policy might deny coverage for accidents because most insurers specifically exclude coverage when people are using their vehicles for business purposes unless they have an endorsement or additional coverage.
In addition to the Uber driver’s auto insurance policy, they are also covered by Uber’s policy when they are involved in an accident that results in injuries to third parties. However, Uber’s insurance coverage differs based on the Uber driver’s status with the app when the accident occurs.
Driver Status and Uber Insurance Availability
The availability of Uber insurance coverage depends on the phase in which a driver is in with the rideshare app at the time of the accident. When an Uber driver causes an accident when they do not have the app turned on, Uber’s insurance will not provide any coverage. Instead, the driver’s personal policy will provide coverage. This is designated as phase zero.
Phase one occurs when the driver has the app turned on and is waiting for someone to call for a ride but has not yet been matched. If the app is on, and the driver causes an accident, Uber’s liability coverage will apply. Uber’s third-party liability coverage provides the following minimum amounts:
- $50,000 bodily injury for one person
- $100,000 bodily injury for two or more injured people
- $25,000 property damage coverage
The available insurance coverage greatly increases in the two remaining phases. Phase two occurs when the Uber driver has the app turned on and is en route to pick up a passenger after being matched. If the driver causes an accident during phase three, Uber’s insurance provides up to $1 million in bodily injury and property damage coverage. Phase three occurs when an Uber driver is actively transporting a passenger. If the driver has an accident in this phase, Uber provides up to $1 million in bodily injury and property damage coverage and up to $1 million in uninsured/underinsured motorist coverage.
How to File an Uber Insurance Claim
Now that you understand the different types of coverage that might be available following your Uber accident, you must understand how to file an Uber insurance claim. If you are injured in an Uber accident, you should immediately seek medical attention. If you can, try to gather information from each driver, other passengers, and anyone who witnessed the crash. Photograph the damage to the vehicles, the location of the accident, road debris, the weather, road conditions, injuries, and other relevant details. Call 911 to report your accident, and request an ambulance for anyone who is hurt.
It’s important to begin the claims process as soon as the accident occurs through your Uber app. Look for the help option in the app. From there, click on trip issues and refunds. Choose your trip, and describe the event. Don’t speculate about fault, and stick to the facts. You might want to consult an injury attorney before you report your accident to Uber. A lawyer can explain the claims process and the coverage that might be available. Personal injury lawyers typically offer free consultations, allowing you to learn about your claim and legal options without spending any money.
What if You’re an Injured Uber Driver?
If you were driving for Uber and were struck by someone else, you can report the accident to Uber first by going to Uber’s trip and fair review page. Once you make your report, someone should send you an incident report form by email. Fill out and submit the form. Uber will then submit it to its insurance company, which will contact you within a couple of days. If your vehicle suffered damage, you’ll have to pay a $1,000 deductible. You might need to file a claim against the other motorist if they caused your accident. If their coverage isn’t enough to pay for your injuries and other losses, Uber’s insurance should kick in to make up the difference.
While Uber has insurance coverage available for its drivers, it only applies in limited situations. As previously discussed, the coverage depends on your status in the app at the time when your accident happened and whether the other driver was responsible. For example, if the other driver caused your accident, their insurance should cover it. If the other driver was uninsured, then Uber’s insurance might cover your losses as long as you were active on the app at the time the accident occurred.
Damages in an Uber Accident
Even if you can prove you or your driver were active on the Uber app at the time of your accident, recovering compensation from Uber’s insurance company can be difficult. All insurance companies are for-profit companies, and they strive to reduce payouts or avoid them as much as possible.
Some of the potential losses you might have that could be covered include the following:
- Past/future medical bills
- Past/future lost wages
- Property damage
- Pain and suffering
- Other losses
If the insurance company refuses to make a fair offer, you’ll need to escalate your claim. An injury lawyer can help you pursue compensation in this situation. However, you won’t be able to file a lawsuit against Uber like you could in a different type of accident because Uber includes an arbitration clause in its contracts with drivers and passengers.
Understanding Uber’s Arbitration Clause
When you sign up for the Uber app as a passenger or driver, you e-sign a complex legal contract. Uber includes a mandatory arbitration clause in its contracts that mandates you resolve any legal dispute through arbitration instead of pursuing a lawsuit in court.
Arbitration is an out-of-court alternative dispute resolution procedure in which you and Uber will appear before a third-party arbitrator. Both sides will be allowed to present evidence and arguments, and the arbitrator will then issue a binding decision. Once the decision is issued, you won’t be able to challenge it by taking your case to court.
While arbitration is typically faster and has more relaxed rules than the court process, it generally favors Uber rather than injured victims or drivers. While it is a quicker way to resolve your case and costs less money than litigation, there are multiple challenges you should understand.
Arbitration doesn’t include a requirement to follow state or federal rules of evidence or the rules of civil procedure. This means that Uber might be allowed to present evidence that wouldn’t be allowed in a court trial. Uber is also a massive, multinational corporation. As an individual who is dealing with your injuries and other losses, it can be difficult to go up such a large player on your own. The arbitrator might also have received numerous cases from Uber and be biased in the company’s favor. Finally, it can be difficult to get an arbitrated decision overturned. The decision might be final even if it is unfair to you.
The challenges presented by arbitrating your Uber insurance claim make it important to secure legal representation. An attorney can represent you at arbitration and help to build the strongest possible claim by gathering evidence and presenting your story of the events in a compelling way. Having an experienced attorney is important since Uber will have its legal team fighting to reduce or avoid paying you for your injuries and other losses.
Dealing with the complexities of Uber insurance claims can be difficult. However, you might be able to secure fair compensation for the losses you suffered in your accident by taking careful steps to gather evidence, seeking prompt medical attention, and being careful when you file your claim. An Uber accident could leave you dealing with serious injuries and financial losses, but insurance coverage could be available to pay for all of your losses.
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