Uber Accident Lawyer
The ridesharing generation is taking over. Convenient services like Uber and Lyft provide cars quickly and affordably and they are a great way for drivers to make extra money.
But when you step into an Uber, you put your life into someone else’s hands. If an accident occurs, it may difficult to figure out who’s to blame. Is it the driver? The rideshare company? The driver of the other vehicle?
If you are involved in an accident while riding in an Uber, the team at Bloomsburg, PA’s Luschas, Naparsteck & Crane will identify at fault parties so you get the compensation you deserve.
Who Is Responsible for Damages in an Uber Accident?
In the days of old, taxi and limo drivers were required to carry the proper insurance and meet city and state requirements. If an accident occurred, there were laws in place that made it easy to determine at fault parties.
With ride share companies like Uber the laws are not as simple.
Uber drivers use personal vehicles that are covered by the driver’s insurance. However, Uber also has insurance which works as secondary coverage. So who’s responsible for an Uber accident?
Well, the first thing to be determined is whether the driver was considered to be working for Uber at the time the accident occurred. Two factors apply in determining whether or not this is the case.
- The driver must be using the app to be considered on duty.
- The driver must have logged in and accepted the ride. If the driver is using the app but had not yet accepted the ride when the accident happens, the rideshare company may cover them with a reduced or contingent policy.
The driver will be fully covered for as long as they are driving the passenger to their destination. Once the passenger is dropped off, the driver goes back to being partially covered until they pick up another passenger.
Confusion can arise if the driver accepted the ride and is on their way to pick up the passenger. In these scenarios, Uber may try to deny the request had been accepted to squirm out of accepting responsibility.
However, if there are no issues with them accepting responsibility, coverage will be provided for up to $1 million dollars in liability as well as comprehensive and collision coverage and uninsured/underinsured motorist coverage.
Who’s to Blame Also Matters
The next thing to be looked at is who is to blame for the accident.
If the Uber driver is at fault, the company will be responsible for the driver’s and passenger’s injuries. However, if the other driver is at fault, damages will be covered by the driver’s personal insurance.
This becomes an issue if the driver only has basic liability insurance. If this is the case, it’s likely that there won’t be enough money to cover all of your medical bills. You may have to rely on your own insurance to cover the difference.
How Can Rideshare Drivers Become Compensated?
If you were an Uber driver who was injured while on duty, you may have some difficulties becoming compensated. If your personal policy does not cover commercial use of the vehicle, you may have trouble getting your insurance company to cover the damages
While workers comp may be an option for some drivers, rideshare companies like Uber consider their drivers independent contractors. Therefore, they are not required to be covered under workers comp.
However, as more Uber accident cases are being brought into court and other legal situations arise, there are increased gray areas concerning whether drivers should be considered independent contractors or employees. Therefore, drivers are having better luck being compensated for accidents no matter who is at fault.
What Should I Do After an Uber Accident?
An Uber accident should be treated like any other accident. If you were involved in an Uber accident as a passenger, driver or third-party motorist, you will want to take the following steps to collect evidence to build a strong case.
- Take pictures
- Collect the contact information of witnesses
- Call the police to get a report
- Seek medical assistance
- Get the insurance information of everyone involved
How Luschas, Naparsteck & Crane Can Help
Luschas, Naparsteck & Crane has had years of experience dealing accident cases.
Our 40 years in the industry has earned us a reputation for respect and transparency. Our experienced team represents a wide range of personal injury cases. We will provide you with the customized service you deserve.
If you have been injured in and Uber accident, don’t let big corporations get away with it.