Will Uber Be Liable for Car Accidents If Their Drivers Are Not Logged in?
When you use an Uber to get around your city, you expect a safe and courteous ride. However, car accidents occur on Los Angeles streets every day and you may find yourself in a collision. In these situations, you may wonder how Uber’s insurance policy works and how you can claim compensation for your injuries. Many factors can complicate this process – and if your driver was not on the app when you were in the accident, you may not be able to claim Uber coverage.
What Is Uber’s Insurance Policy?
If you are in an accident while riding in an Uber, you can claim compensation through the company’s insurance policy for your injuries. The Uber insurance policy provides up to $1 million in liability coverage.
Uber relies on three “periods” to determine their liability in accidents involving their drivers.
- Period 1 involves drivers who drive with the Uber app open, waiting for a ride match but do not have a passenger in their vehicle or queue. Uber does not provide much coverage during this period.
- Period 2 involves drivers who are driving to pick up a passenger.
- Period 3 involves drivers who have a passenger in their vehicle, and ends when the rider leaves the vehicle.
Uber’s insurance coverage covers the following liabilities.
- Bodily injury liability of $50,000 per person up to $100,000 per accident for Period 1, and $1 million in bodily injury and property damage coverage for Period 2 and 3.
- Property damage liability of $25,000 for Period 1. The $1 million in bodily injury and property damage coverage applies to Periods 2 and 3.
You can only receive this compensation if the Uber driver was at fault for the accident or the other driver was at fault for the accident. In addition, the at-fault driver must have insufficient bodily injury coverage under their own insurance for you to receive this coverage. You must go through his or her insurance company first before moving on to Uber.
You can only receive the $1 million coverage in certain situations. For example, you can receive the coverage if the other driver in the accident did not have insurance or had insufficient insurance. This consideration brings us to another major conflict in Uber insurance claims – the driver not using the app at the time of the accident.
What Happens If Your Driver Was Not Using the App?
Since Uber is a mobile rideshare service, it relies on its application to record valuable driver data. Uber drivers are not employees – the company considers its drivers independent contractors. They are only working for the company when they use the app. Uber drivers rely on the app to pick up riders, navigate, and log drop-offs. If they do not use this app, the company has no record of your ride.
Uber can deny liability for accidents at any time, and it is in their best interest to do so. If the driver was not using the app at the time of the accident, you may be able to seek compensation through his or her personal car insurance instead of the Uber policy. Speak to a car accident attorney as soon as possible to discuss your legal options.
What If the Uber Driver’s Insurance Is Not Enough?
If your Uber driver did not use the app at the time of your accident or you have to go through the other driver’s insurance company, you can run into certain issues. Your Uber driver’s personal insurance may not be enough to cover your injuries. In this case, you may have to file a personal injury lawsuit to be fully compensated.
Unfortunately, you cannot file a lawsuit against Uber for your injuries since the company operates on a contractor basis. Because of this arrangement, Uber does not assume liability for the accidents their drivers’ cause. However, you could file a lawsuit against your Uber driver. Contact an attorney as soon as possible to learn more about your legal options.