Updated: Jul 24, 2020
Why You Should Sue UBER After An Accident
In 2015, California passed Assembly Bill 2293 which requires rideshare companies and drivers to carry liability insurance coverage. Ridesharing companies like UBER must carry a minimum of $1 million in liability insurance to cover the driver from the time he/she accepts a passenger match to the time the passenger exits the vehicle.
Under AB 2293, the rideshare driver, the Transportation Network Company (TNC), or Uber’s affiliate will maintain primary third-party liability insurance in these amounts during Period 1, or the time when the Uber driver goes online and is available for a trip: $50,000 per individual, $100,000 per accident, and $30,000 for property damage.
The Uber driver must also carry $200,000 in excess liability coverage. The new law also means that a driver’s personal auto insurance coverage will not apply while the driver is logged into the rideshare app, that's unless the driver has specifically purchased insurance that includes ridesharing.
The $1 million in liability, uninsured/underinsured motorist, and contingent collision/comprehensive insurance does not come into effect until the driver accepts a matched trip and is on his/her way to pick up the passenger. Once the passenger leaves the vehicle, the insurance provided returns to period 1 insurance if the driver remains on available on the app.
Once the driver exits the app, his/her personal insurance policy goes into effect. If, however, a driver has a policy designed specifically for rideshare, the drivers’ policy may come into effect rather than the company’s.
Is UBER’s Insurance Coverage Enough In Case Of An Accident In California?
Despite having $1 million in liability insurance coverage, the company’s policy has a gray area as to who is liable after a crash, this is where pre-screened Los Angeles Personal Injury Attorney comes into play. There is fine print in Uber’s policy terms that states that passengers use the ridesharing platform at their own risk which could be used by their attorneys to minimize the their responsibility after an accident.
The fine print states that the company is not liable for the safety of its drivers or the quality of its services.
This contradiction has led to thousands of lawsuits against the company for failure to pay for driver and passenger damages. This language also contradicts the company’s insurance policy and is designed to leave a gray zone for litigation. A great Los Angeles Personal Injury Attorney will be able to review the fine print and decide on the beast approach for a claim.
In a regular car accident case, passengers may file a claim with Uber’s insurance company and receive a settlement offer. However, this isn't always the case because the the company may deny its liability for your accident for a variety of reasons, leaving you to file a claim with the driver’s insurance or with your own policy.
If Uber’s insurance coverage isn’t enough to cover your damages, a third-party insurer may pay leftover costs. A competent personal injury attorney with experience in these type of claims will make a difference in the outcome and settlement of your claim.
BEFORE retaining a personal injury attorney in California, you must check their credentials, run a criminal background check and verify their license status with the California State Bar. In 2019 alone, hundreds of attorneys were disciplined for unethical practices including "stealing their client's settlement money".
What To Do After An Accident With UBER
It's difficult to have a clear head after an accident so you should stick to the basics. Gather as much information as possible, speak with the other driver, exchange insurance information, take pictures and document everything if possible by filing a police report.
As a UBER passenger, follow the same protocol even if you don't know who is responsible at the time of the accident. The point here is to have all the information necessary to file a claim.
After seeking treatment for any injuries, report your accident to UBER. Log in to the app and select “Trip Issues and Fare Adjustments.” Press, “I was in an accident,” and describe exactly what happened. This will be used as evidence once you file a lawsuit and will support your claim. Your Los Angeles Personal Injury Attorney will guide your through the process.
After reporting your accident and injuries to UBER. one of their employees will contact you to get additional information about the accident. At this point, you should have a lawyer representing you so he/she can manage your claim effectively.