When you get involved in a car accident with an Uber vehicle, things instantly become complex. First of all, this won’t be like any accident (even though two cars are involved) if the driver was having a passenger in their car. Things are complicated because you have to determine who will you sue – Uber or the driver.
To determine if the driver was working at the moment, whether they were having a passenger or they were off the clock will determine the outcome of the accident. This determination will set the tone on the amount of the claim you will get. After such an accident, it’s time to contact a New Mexico car accident attorney who has experience in similar cases.
Understanding Uber’s Insurance in Your Car Accident
An Uber driver has three types of insurance coverage (from different sources), depending on their status when the accident happens.
Here they are:
- The driver was “off the clock – If the driver wasn’t currently available for rides or they were “off the clock” then if an accident happens, their personal car insurance policy will apply. This means that the accident is a ‘regular car accident’ no matter the fact that the vehicle has an Uber sticker.
- The driver is on the clock in between rides – In that case, the driver is available for rides but was without passengers when the accident happened. In such a situation, the driver’s personal insurance will cover the accident, but Uber will cover some contingency insurance.
- The driver was with a passenger – When an Uber passenger is in the car for a ride, Uber insurance will cover the driver. There s $1,000,000 in liability and $1,000,000 in property coverage available to you. However, even though this is a huge amount and sounds perfect, don’t get your hopes too high.
The amount of insurance you can collect depends mainly if the driver had a passenger or not and whether they were currently on the clock. These factors will determine who will sue – the driver or the company.
Can You Sue an Uber Driver Who Caused a Crash (If You Weren’t a Passenger)?
Yes, you can and the two most common situations are the following:
- You were in another car (as a driver or passenger) that was involved in a crash with an Uber;
- You were a pedestrian hit by an Uber car.
In these two cases, your action depends if the Uber driver was on the clock, off the clock, or on the clock with a passenger in their car.
If they were off the clock or on the clock while waiting for a passenger, then your claim will be against the Uber driver, but against the company. Uber has a policy that protects the company, so it can avoid numerous lawsuits. The company will deny liability for any claims if the driver didn’t have a fare at the moment of the crash. Their contingency insurance will still cover some of your accident if the driver was at least available for new passengers.
In case the driver had a passenger in their car, then the whole $1,000,000 policy should apply to your accident. However, you can’t expect that Uber won’t fight it. There is no way to be sure of what the Uber driver’s status is when the crash happens (if they were available for rides). Be sure to exchange your information with the driver. This way your attorney can file a claim against both the driver and Uber. They will get a definite answer from Uber if they are claiming the driver was able for rides or not.
Contact a Car Accident Lawyer
A car accident attorney in such accidents will be of great help. Your attorney will help with everything including determining if the driver was off or on the clock, as well as represent you and help you win your case when the company will argue the big claim. The company will work with several skilled attorneys that won’t just allow you to collect such a huge claim. Trying to fight against this on your own may be a real challenge. This is why you would need a car accident attorney who knows what they are doing and who will work dedicatedly to help you get your deserved compensation claim. If you are in a dilemma and don’t know where to start, our team at FBD Law will assist you; we’ll review your case and help you get your claim.