Uber use has exploded in recent years, almost overshadowing regular taxis. Increased use translates to heightened chances of Uber accident occurrence. It is important to know how Uber accident insurance works in case of an auto accident.
Liability for Ride-Share Accidents
Ride-share accidents and other regular vehicle collisions are similar in many ways. If the driver is guilty of negligence, he or she bears full responsibility for the resulting injuries, loss of life, or property damage. However, ride-share accidents are unique because the ride-share company is an additional third party.
When determining liability for an Uber insurance claim in Nevada, you will need to consider the events that led up to the crash. Multiple scenarios determine whether the Uber accident policy or other insurance policies covers the accident.
The Driver
The ride-share operator should bear full responsibility in case of a car crash, if he or she was not working for the ride-share company at the time of the crash. Remember that these vehicles are personal property, and owners sometimes use them to run personal errands. The ride-share company is absolved of all liability if the operator wasn’t logged into the app, meaning he or she wasn’t waiting for or ferrying a passenger.
You can sue for punitive damages in an Uber accident case if you have enough evidence that the ride-share operator’s actions were purely malicious. In such instances, the vehicle owner’s car insurance policy will replace the Uber accident insurance.
The Ride-Share Company
If you were a passenger inside the Uber during the crash, the company bears full responsibility for your injuries. For this to happen, there must be clear evidence from the app that you had ordered the ride. The company is also responsible if the vehicle registered under their service hits your car while ferrying passengers.
The Uber accident policy is also applicable when the damages caused by the ride-share driver in active service exceeds his or her personal insurance coverage. A possible scenario would be a negligent ride-share operator causing a car crash when hurrying to pick up some clients.
Shared Liability
Not all ride-share auto accidents have a single party to carry all the blame. Sometimes, liability can be distributed proportionally to all the parties involved, depending on the role each one played. For instance, the ride-share company and the accident victims can share responsibility.
Some states, including Nevada, apply the at-fault policy, and by extension, comparative negligence. The liable party’s insurance coverage should cover the damages caused by their clients. The Uber insurance company may conduct an exhaustive investigation to ensure it doesn’t bear sole responsibility.
The comparative negligence principle dictates that insurance claim payouts depend on the percentage of fault. In consequence, you can bear some liability for causing the Uber accident. For instance, you can recover 90% of the damages if you are 10% responsible. Please note that you cannot recover any compensation if your liability exceeds 50%.
Establishing liability in a ride-share auto accident can be complicated at times. Uber accident insurance can deny liability, and it is up to the victims to prove their claims. Personal injury lawyers can help you craft a watertight lawsuit to recover the compensation you deserve.
What Is the Uber Accident Insurance Coverage?
Uber accident insurance coverage refers to the amount the ride-share company should pay for the liability of an auto accident involving taxis under its service. Whatever you get depends on any of the following scenarios:
The Waiting Phase
A driver may cause a vehicle crash or property damage while waiting to pick up requests from potential clients. In such a scenario, the driver is logged into the app, meaning he or she is already working. In such a case, the Uber accident policy covers $100,000 for bodily injuries and $25,000 for property damage.
The amount indicated is per accident, and the $100,000 covers two people, implying you can only recover $50,000 for bodily injuries.
The Active Phase
The amount in this final phase is higher for a good reason. The Uber operator is now actively working for the company. He or she has already received an order and is in the process of fulfilling it. Therefore, the crash risk is higher than in the waiting phase.
If a vehicle causes an accident in active Uber customer service, the insurance covers up to a million dollars in damages per accident. A similar amount also applies to the underinsured or uninsured. Therefore, you can recover more compensation if you were riding in an Uber during the crash, or if an Uber hit you while on its way to pick up some passengers.
In contrast, the Nevada government requires ride-shares to cover $15,000 for bodily injuries per person, and $10,000 for property damage.
There are several instances when the Uber insurance policy does not cover ride-share. A good example is when the operator is not signed in to the UberPartner app. This indicates he or she is off duty, and therefore, not working for the company at that particular time.
In the examples above, only the personal insurance coverage is valid.
Do This After an Uber Accident
The ride-share industry is fairly new, but this doesn’t lower the chances of an accident occurrence. Here is what to do if you are in an Uber accident.
Report The Accident
You should immediately report an Uber accident to the company through the app or the given hotlines. Those responsible will then give you directions on what to do next. This may involve collecting statements from the parties involved, and also getting a police report.
Seek Medical Help
Even if you look healthy, get a medical checkup in the nearest medical facility. Remember that you need a doctor’s report when claiming damages from the Uber accident insurance.
Get an Attorney
Ride-share accident lawyers can help you navigate the complex legal maze when making an Uber insurance claim. They can successfully negotiate a favorable settlement from the insurer, or file a watertight lawsuit in case the Uber company denies liability.
