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It can be confusing to try to sort out who is liable in a collision involving an Uber driver because there are multiple parties with different insurance policies, and each party might be blaming the other.
This blog will help you understand liability in an Uber accident, but you do not have to go through the insurance claim or litigation process alone. When you work with a Los Angeles ridesharing attorney on your accident claim, we can make sense of the questions of who is at fault and whose insurance policy applies.
Who Can Get Sued for an Uber Accident
The general laws of liability do not change just because one of the drivers happens to work as an Uber driver. The fault who caused the collision through negligence is the one who will be liable for the accident. The possible at-fault parties in a crash that involves an Uber driver include the following:
- The Uber driver
- The driver of a different vehicle
- Another party who was not driving a motor vehicle but caused or contributed to the accident, like a pedestrian or bicyclist,
- The manufacturer or installer of a defective car part, like tires or brakes, that caused or contributed to the collision.
The first step in figuring out liability in an Uber accident is determining whose negligence caused the accident. Sometimes, the negligence or two or more parties combine like a perfect storm to cause an accident. In that situation, all of the at-fault parties can be liable.
If the Uber driver was entirely or partially at fault, the driver’s own automobile liability insurance policy might provide coverage for the property damage and personal injuries that resulted from the collision. Personal auto insurance policies, however, often exclude coverage for accidents that happen when the driver is transporting paying passengers. Uber provides insurance coverage at specific points, depending on when the crash occurs.
Which Liability Policy Applies?
Let’s assume that the Uber driver was at fault and caused the crash through carelessness. Whose insurance will cover the accident, the driver’s policy or Uber’s?
- If the Uber driver was off duty, did not have a passenger in the car, was not logged on to the app or waiting for a passenger to request a ride, and was not driving to pick up a passenger, the driver’s personal auto insurance would apply. Uber would not be liable for property damage or injuries.
- If the Uber driver was logged onto the Uber app and waiting for someone to request a ride, Uber’s liability insurance will provide up to $50,000 for injury or loss of life for one third party (not the driver); up to $100,000 for injury or death to more than one person who is a third party; and up to $30,000 to pay for property that gets damaged or destroyed in the crash.
- If the Uber driver causes a collision when there are passengers in the car or the Uber driver is en route to pick up a passenger who requested a ride, Uber’s commercial liability insurance policy will pay up to $1 million in commercial liability and up to $1 million in uninsured or underinsured motorist coverage (which can also pay in the event of a hit-and-run accident).
We understand that these technicalities can be confusing. When a Los Angeles personal injury attorney handles your injury claim, you do not have to worry about the liability issues. Instead, you can focus on getting better. You can reach out to us today for a free consultation.