Who’s At Fault In An Uber Accident
Being involved in an Uber accident is not like being involved in an accident with another vehicle. This is because Uber drivers are using an application (app) that places them in various time periods according to where they are in their day and each period has a different insurance amount attached to it.
The three periods are:
Period 1: when the driver is “not” using the app and is off-duty. The driver’s own vehicle insurance covers accidents.15/30/5 minimum coverage (the same for other personal auto insurance policies)
Period 2: when the driver has signed into the app but has no ride. Uber has a reduced contingent insurance policy that covers accidents. Applicable when the driver has his or her own insurance. Up to $50,000 per individual/$100,000 per accident/$30,000 property damage.
Period 3: when the driver accepted a ride and dropped the passenger. Uber’s $1 million insurance policy covers accidents. Applicable when the driver is at fault. This is a third-party insurance policy. It protects other drivers/passengers if the Uber driver is liable for the crash. If the “other” driver was responsible, that driver’s insurance covers injuries.
If the “other” driver has a low/minimum policy that does not cover serious injuries, the Uber $1 million policy acts as an uninsured/underinsured policy. It covers injuries beyond what the at-fault driver’s insurance handles.
Another issue that arises when you are involved in an Uber accident is whether or not the Uber driver is considered to be an independent contractor, an employee, or was driving on his or her own personal time.
Who is at fault in an Uber accident in San Diego?
In any vehicle accident, the responsibility for the collision is based on the presence of negligence. That negligence applies to an Uber vehicle. If one driver was negligent, he or she is liable to the other injured parties involved in the crash.
An injured plaintiff in a personal injury lawsuit must prove that the defendant owed them a duty of care; that the duty of care was breached due to negligence; and the defendant’s negligence was a significant factor in causing the harm the plaintiff sustained. The basic duty of care is to use reasonable caution when driving, and be alert for other vehicles, obstacles, pedestrians, not speed and, watch where they are going. Not using reasonable care while behind the wheel of a vehicle is negligence. In California, if a driver is in violation of the state vehicle code, the driver may be considered to be negligent per se (presumed negligence).
Transportation Network Companies
California refers to ride-hailing companies as transportation network companies (TNCs). If you have been involved in a collision with an Uber vehicle and were injured, Uber’s various commercial liability policies kick in. The how and when they kick in is something that the attorneys at the Levinson Law Group can explain to you.
If you were a passenger in an Uber vehicle involved in a collision, you may be covered by Uber’s $1 million commercial policy, if accident damages are over the driver’s insurance policy coverage. If the other driver was at fault for the crash, the injured Uber passenger can file a claim against the at-fault driver. If the at-fault driver is underinsured (UIM) or uninsured (UM), Uber’s UM/UIM policy would generally cover the damages to the $1 million limit.
Each case and situation is different and by discussing your case with the highly experienced Uber accident attorneys at the Levinson Law Group, you are able to make informed decisions about how to proceed with any claim you may wish to file.
Uber is recognized across the nation, and globally. Approximately 15 percent of Americans use ridesharing services. Even though Uber has, according to the National Highway Transportation Safety Association (NHTSA), introduced a 17 percent decrease in traffic deaths, accidents still happen. When they do, recovering compensation for personal injuries can be a long and involved process.
Insurance Requirements in California
Every driver in the state must have a minimum level of insurance according to whether or not they are driving for personal or business use. Commercial drivers typically have higher liability insurance than personal vehicles.
For personal passenger vehicles, the minimum insurance is:
- $15,000 in damages for death or injury to anyone individual for any single accident,
- $30,000 in damages divided among all people killed or injured in any single accident,
- $5,000 in damages to other vehicles and property
Contact the Levinson Law Group Today
If you or a loved one were involved in an Uber accident, reach out to the Levinson Law Group attorneys right away. At the Levinson Law Group, our dedicated team of car accident lawyers is here to help. If you have questions about the recovery process, we can answer them. If you are not sure you want to bring a case against the other driver, we will not pressure you. We only want to make sure that you are informed so that you can make the best decision for yourself and your family.
When you decide to work with the Levinson Law Group, you can rest assured that you will have someone in your corner throughout the entire process. To learn more about your options, call the Levinson Law Group at 760-827-1700. We accept cases on a contingent fee. That means that if there is no recovery in your case, you pay no fee. And in most cases, we even advance the costs.