Seeking Damages for Injuries in a San Diego Uber Accident
While the convenience of ridesharing services like Uber and Lyft is widely utilized in busy cities, it has also raised questions about liability in the event of a rideshare accident. Between 2019-2020, there were 101 fatalities across 91 fatal Uber accidents. With multiple parties involved, it can be confusing to determine who is liable for an Uber accident.
In this blog post, we will explore the various factors that determine liability in an Uber accident, including the role of the Uber driver, the passenger, and the ridesharing company, and provide a comprehensive overview of what happens when an Uber accident occurs. If you were injured in an Uber accident, to no fault of your own, you can pursue compensation from the other parties involved.
How Uber Insurance Works
Uber’s insurance policies vary depending on the circumstances of the car accident and whether the Uber driver was using the app at the time of the collision.
The Uber App is Off
If the driver’s Uber app is off, his/her personal car insurance applies. Therefore, an Uber accident victim would need to file a claim with the driver’s insurance company. An experienced personal injury lawyer can help you collect evidence and file your claim.
The Uber App is On
When the driver has the Uber app on, Uber’s insurance coverage is active. There are different periods that determine the coverages that may apply.
Period 1:
During period 1, the Uber driver has the app turned on or is waiting for a ride request. Uber maintains the following third-party liability coverage during this period:
- $50,000 in bodily injury per person
- $100,000 in bodily injury per auto accident
- $25,000 in property damage per auto accident
In the event of a rideshare accident, Uber provides insurance coverage to protect the Uber driver, rider, and the third parties involved, regardless of who caused the accident. If the Uber driver caused the accident, the Uber driver’s personal car insurance will apply first. If there are remaining damages, Uber’s insurance can cover the remaining within the policy limits.
Period 2:
The Uber driver has accepted a ride request and is picking up the rider. During this period, Uber’s $1 million insurance policy is active and covers the Uber driver, Uber passengers, and third parties in the event of an accident. This coverage also includes uninsured/underinsured insurance coverage.
Period 3:
During period 3, the Uber driver is transporting the passenger to his/her destination. Uber provides commercial automobile insurance that covers up to $1 million in liability, uninsured/underinsured motorist bodily injury, and contingent comprehensive and collision coverage for physical damage to the driver’s vehicle.
Parties Potentially Liable for Uber Crashes in San Diego
The Uber Driver
Uber drivers rely on their phones to accept rides and plan out their trips. Consequently, drivers may drive distracted and could cause an accident. Uber drivers are also motivated to receive a high rating and may speed to the rider’s destination to get there faster. If the Uber driver caused the accident, the victims may seek compensation for their injuries and losses. The Uber driver’s personal auto insurance will be applied first; however, this coverage may be limited.
If the Uber driver’s auto insurance does not cover all the damages, Uber’s $1 million insurance policy can cover the remainder. The Uber driver must have either accepted a ride request from a passenger or is driving a passenger to his/her destination, for this coverage to apply.
Third-Party Driver
If a third-party driver caused an Uber accident, they can be held liable for the damages. An accident victim would file a claim with the driver’s insurance company. If the third party’s insurance coverage is not enough to cover all the damages, then Uber’s insurance coverage can also be utilized. If the Uber driver is driving to pick up a passenger or is already transporting the rider, Uber’s $1 million policy would apply.
The Rideshare Company
If the Uber driver is logged on to the Uber app at the time of the accident, Uber’s insurance coverage may apply. Uber drivers are considered “independent contractors” which means Uber’s liability may be limited, however, the rideshare company can still be held liable for their drivers’ actions. For example, the ridesharing company could be held liable if they fail to properly screen, train, or supervise their drivers.
If an Uber driver has a poor driving record including traffic violations and DUIs, the employer can be held liable for negligence. In the event of an accident, Uber maintains a $1 million insurance policy when the driver has the Uber app on and is en route to pick up a rider or is already transporting a rider.
A San Diego Uber accident lawyer can help you navigate the complex rideshare accident claims process and recover the financial compensation you deserve. At Harbor Accident Lawyers, our Uber accident attorneys maintain a 99% success rate and have recovered millions of dollars in compensation for our clients.
What Damages Can I Recover After an Uber Accident?
If a car accident occurred due to another person’s negligence the victims involved can seek compensation for their losses. In a personal injury lawsuit, uber accident victims can recover compensation for economic and non-economic damages.
Economic Damages
Economic damages are monetary losses that are typically easy to calculate and prove. These can include out-of-pocket expenses like:
- Medical bills
- Lost wages
- Property damage
- Physical therapy costs
Non-Economic Damages
Non-economic damages are intangible losses that are generally more difficult to quantify and prove. These kinds of damages can include the following:
- Pain and suffering
- Loss of consortium
- Loss of enjoyment of life
- Disfigurement
California’s Negligence Statute Law
According to California law, comparative negligence means that each party involved in an accident can be held responsible for their percentage of fault. For example, if the damages are $100,000 and an Uber driver is found to be 70% at fault for a crash, and a third-party driver is found to be 30% at fault, the Uber driver is liable for $70,000 and the third-party driver is responsible for $30,000 of the damages.
If you were involved in a car accident involving an Uber driver, it’s crucial to collect evidence and start the process quickly. Experienced Uber accident attorneys can help you build a compelling Uber accident case and will fight to obtain the maximum compensation.
How Long Do I Have to File a Lawsuit After a San Diego Uber Accident?
The statute of limitations is the allotted time a victim must pursue a claim. In California, the statute of limitation is 2 years from the date the injury was sustained. This period can be shortened or extended depending on the circumstances surrounding your case. Therefore, it’s best to consult with a lawyer if you have questions about the timeframe you have to file a claim.
Consult an Experienced San Diego Uber Accident Attorney
At Harbor Accident Lawyers we are dedicated to helping injured victims recover fair compensation for their serious injuries and losses. Our Lyft and Uber accident lawyers can help you hold the at-fault parties accountable for their negligence.
We will negotiate with the insurance and rideshare companies on your behalf and represent you in court, if necessary. Don’t hesitate to reach out if you were injured in a San Diego Uber Accident. Call us today to schedule a free consultation.
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