In some cases, an Uber accident is no different than any other crash. In other cases, though, the insurance process is somewhat complicated because of the driver’s status as an independent contractor.
If you suffered serious injuries in a crash that an Uber driver caused, discuss your situation with an attorney familiar with the insurance complexities of rideshare crashes. Ostroff Injury Law can help.
Pennsylvania operates under a choice no-fault system for car accidents. Your first-party medical benefits coverage can cover your medical benefits regardless of fault.
If you chose limited tort coverage, you can file a third-party claim against an at-fault driver for pain and suffering if you suffered serious injuries. (You can always file a liability claim against an at-fault driver for economic damages.) If you chose full-tort coverage, you can then file a pain and suffering claim without restriction.
It is the same for Uber accidents. Your tort coverage (limited or full) dictates whether you can file a pain and suffering claim against an at-fault Uber driver. But here’s where things get tricky.
How is an Uber crash different?
The process is more complicated simply because there are more players in the game. Whose insurance policy provides coverage depends heavily on the circumstances of the accident.
In an accident where an Uber driver is liable, it is not only your own insurance policy or the other party’s insurance that pays for damages. There is also the added complication of Uber’s insurance policy with different coverage amounts based on whether drivers are looking for a fare, traveling to pick up a rider, or have a passenger at the time of the wreck.
The company currently covers its drivers in three periods:
- Period 0: The driver is not on the app. The driver will use his personal insurance policy.
- Period 1: The driver is “on the app” (i.e., logged in, available for rides) looking for a fare, covered by his own personal insurance policy OR covered by Uber’s contingency policy ($50,000 per person/$100,000 per accident bodily injury; $25,000 property damage).
- Period 2: The driver accepts a fare and goes to pick up the passenger, covered by Uber’s $1 million liability policy ($1.5 million if the ride originated in Philadelphia).
- Period 3: The driver picks up the rider and drives the rider to the destination, covered by Uber’s $1 million liability policy ($1.5 million if the ride originated in Philadelphia) until the rider exits the vehicle.
It is important to note that Uber’s contingency provides coverage only if the driver’s own policy denies coverage after an accident or if the coverage is not sufficient.
What do I need to do to ensure Uber’s insurance covers my damages?
There are a few things you need to note at the scene to get the maximum amount of compensation necessary to pay for your medical treatment. These include:
- If the driver was “on the app”
- Whether the driver was picking up a passenger
- If the driver had a passenger on board
- Pictures of the vehicles and scene
- Witnesses who attest to the cause of the crash
- Documentation of the damage to your vehicle
- Documentation of your injuries
- Information for the driver’s personal and Uber insurance policies
Do I need to talk to an attorney?
Navigating the claims process after an Uber accident is complicated. You must first figure out if you are eligible to file a claim. Then, you’ll need to figure out with which insurer you will file.
If you have any questions or concerns about filing a claim or need support in navigating the process, Ostroff Injury Law can help. Call our Uber accident lawyers as early in the process as possible. We work tirelessly to get you the compensation you need and deserve.