Who’s at Fault if Your Uber Is in an Accident?

The number of Uber drivers has drastically increased in recent years as more people are forgoing their own vehicles using the app for convenient rides. However, an Uber driver is still operating a motor vehicle, meaning there’s always the risk of an accident. 

If your Uber driver gets into an accident while you’re in the vehicle, you may be entitled to financial recovery for all your damages. And how you pursue your case comes down to who is at fault in the situation, which can go a few different ways.

Determining Fault in an Uber Accident

Under Georgia law, anyone injured in a car accident, including an Uber accident, is eligible to make an insurance claim against the person or party who was at fault for the accident. The victim can claim financial recovery for costs like:

• Medical and doctor bills
• Vehicle repair or replacement damages
• Lost wages
• Pain and suffering
• And more

In the case of an Uber accident, the person whose actions led to the accident is at fault—which can depend on the scenario. 

In most cases, the at-fault person in a two-car Uber accident is either the Uber driver or the other driver (although there can be exceptions). Fault is sometimes obvious, such as if a driver runs a red light and it leads to an accident. 

Other times, the fault isn’t as obvious. Someone can be at fault without actually breaking any laws but still acting negligent, meaning the accident could have been prevented if they exercised more caution or care.

After an accident, insurance companies will work to determine fault, taking certain factors into account like injuries and the police report. This is why it’s so important to gather as many details as you can after an Uber accident. Take pictures of your injuries, any vehicle damage, and the accident scene, and get the names and accounts of any witnesses who saw the accident happen. If you were injured as a passenger in an Uber accident when it collided with another car, for example, and you saw the Uber driver acting carelessly, you can provide your account of what happened and other evidence gathered at the scene to show the driver’s fault.

If it turns out the Uber driver caused the accident, there are one of two ways the victim’s insurance claim will be paid:

1. Through the Uber driver’s personal auto insurance OR
2. Through Uber’s insurance policy

Which one depends on whether the Uber driver is “on” or “off” the clock.

Uber’s Insurance Coverage for an Accident

There are technically three degrees of insurance coverage if an Uber gets into an accident. 

1.  If the driver is “off the clock”

If the Uber driver is driving their car but not currently turned “on” to accept rides, the driver’s personal car insurance is responsible for the claim. Just like with other drivers, Uber drivers are required to carry a minimum of:

• $25,000 liability insurance per person and $50,000 per accident
• $25,000 in property damage insurance

2.  If the driver has an Uber passenger

If the Uber driver has accepted a passenger and is transporting them while on the clock, the driver is fully covered by Uber’s insurance policy, which is $1 million in liability insurance and $1 million in property damage. This is what would apply if your Uber gets into an accident while you were a passenger.

3.  If the driver is between fares.

When an Uber driver is “on” to give rides but has no passenger in the car, their own insurance mainly applies plus contingency insurance from Uber.

So, if as a passenger your Uber is in an accident and the driver is determined to be at fault, and you are injured in the accident, the Uber company’s insurance would be responsible for paying your damages.

Getting the Most from Your Uber Accident Claim

It’s important to remember that Uber is a business and even if you were injured as a passenger with one of their drivers, they’ll be looking to protect their profits. If you file a personal injury claim against them for your damages, they’re likely to dispute your claims. Plus, the insurance company that provides their coverage probably operates like any other auto insurance company who will try to downplay your injuries. 

As soon as possible after the accident, contact a good car accident lawyer who can stand up to the insurance company and help you seek the fullest financial recovery possible.

Talk to a Personal Injury Lawyer for Free

If you were injured in an Uber accident, you shouldn’t have to pay for your injuries and other costs. At John Foy & Associates, we’re up to date on how Uber cases work, and we’re on the side of the victims in Uber accidents. For a FREE consultation to talk with one of our attorneys about your Uber accident case, contact us today. Call 404-400-4000, or fill out the form to the right as soon as possible for your free consultation.