Can you sue your Uber driver if they cause a wreck and you’re injured in it?
The short answer is yes – but you may not need to.
Let’s start by explaining that Uber and other ride-sharing services like Lyft have completely revolutionized the transportation system. It’s typically faster and cheaper than a taxi, but it may not necessarily be safer as ride-sharing services sometimes aren’t as well-regulated as livery vehicle services. However, many states, counties and cities have imposed regulation on ride-sharing services to bolster safety for the general public. And while Uber and other services have fought tooth-and-nail to avoid having drivers classified as “employees,” the technology giant does now have insurance coverage for each driver. As Uber explains, it breaks down like this:
- If a rider is in the car, Uber offers up to $1 million in third-party liability for injuries of riders in the vehicle, other drivers, pedestrians or bicyclists (assuming the Uber driver was at-fault). There is also $1 million in UM/ UIM coverage if another party is at-fault but that person doesn’t have enough coverage to fully compensation for losses. It also covers hit-and-run accidents where the at-fault driver flees the scene.
- If a driver is on the way to pick up a rider, Uber offers the same $1 million in third-party liability and UM/UIM coverage.
- If the app is on and the driver is waiting for a pickup request, Uber pays at least $50,000 in injury liability per person and $100,000 total per crash plus $25,000 in property damage liability.
This coverage plan exceeds the requirements for auto insurance in most states (Florida included). However, as our Fort Lauderdale Uber accident attorneys can explain, just because this coverage exists doesn’t mean you are automatically entitled to it. You can file a claim for damages, but it’s unlikely the insurance agent will write you a check on-the-spot for the policy limit. There are a few things you need to prove:
- The driver of the vehicle worked for Uber.
- The driver of the vehicle was actively on the call at the time of the crash.
- The driver is wholly (at at least partially) at fault for the crash.
- The crash caused your injuries.
- Your injuries have caused you damages (i.e., hospital bills, lost wages, etc.).
It is not uncommon for Uber’s insurer to deny many of these claims outright. Plaintiffs may be able to recover damages from the driver’s personal auto insurer, but damages will likely be much lower than what they could have received through Uber, and that’s assuming the auto insurer has been informed/ approves of the insured’s work and has agreed to cover them during those times. Your injury lawyer will be able to explain more about your legal options.
If you are injured as a passenger in an Uber and someone else was at-fault, it’s possible you may be able to collect on the UM/UIM benefits extended through Uber if the at-fault driver lacked insurance or didn’t have enough insurance to cover the full scope of your damages.
Call Freeman Injury Law — 1-800-561-7777 for a free appointment to discuss your rights. Now serving Orlando, West Palm Beach, Port St. Lucie and Fort Lauderdale.
Uber driver injured in hit-and-run crash in Lafayette Square, March 5, 2018, By Nicole Sanders, KMOV.com
More Blog Entries:
Shoddy Repair of a Vehicle Traps Couple in Fiery Crash, Jury Awards $42 Million, Feb. 28, 2018, Fort Lauderdale Uber Accident Attorney Blog