Hailing a ride with Uber is supposed to be a convenient and safe way to get around town. But what happens if you or a loved one gets into a car accident while you’re an Uber passenger? Suddenly, a fun night out can turn into a confusing mess of car damage, medical bills, and finger-pointing.

If you find yourself involved in an Uber accident, you may wonder: Is Uber liable for accidents? Here’s a detailed look at the subject from the perspective of an accident lawyer.

 

Uber’s Insurance and You: When Ridesharing Coverage Kicks In

Uber does provide insurance coverage for its drivers, but it works differently depending on what stage the driver is in when the accident happens. There are three main periods:

Before a Ride Request: When a driver is logged into the Uber app but hasn’t accepted a ride yet, their personal car insurance is the primary coverage.

During a Ride Request and Trip: Once a driver accepts a ride request and you’re on the way to your destination, Uber’s commercial insurance policy kicks in. This policy provides significant coverage for bodily injury and property damage in case of an accident.

After a Trip Ends: As soon as the trip ends and you’ve exited the vehicle, the driver’s personal insurance becomes primary coverage again.

It’s important to remember that Uber’s insurance policy is secondary to the driver’s personal insurance. This means that the driver’s insurance will pay out first, and Uber’s policy will only cover additional damages if the driver’s policy limits are reached.

 

Understanding Rideshare Insurance Policies

Generally, Uber’s insurance is structured to cover:

Liability Insurance: This covers damages for third-party injuries and property damage when the Uber driver is at fault.

Uninsured/Underinsured Motorist Coverage: Protects passengers if another driver causes an accident without sufficient insurance.

Contingent Collision and Comprehensive Coverage: This applies to the driver’s vehicle if it’s damaged during an Uber trip and the driver has personal collision insurance.

 

 

Who’s to Blame? Figuring Out Fault in a Ridesharing Accident

Determining who’s responsible for a rideshare accident depends on the specific circumstances of the crash. Here’s a breakdown of some common scenarios:

At-Fault Driver
If the rideshare driver’s actions caused the accident, such as speeding, distracted driving, or reckless maneuvering, then Uber’s insurance will likely cover your damages.

Another Driver at Fault
If another driver on the road caused the accident by running a red light, making an illegal turn, or driving under the influence, then their insurance will be responsible for covering your injuries and car repairs.

Uber Passenger Partially at Fault
Washington State follows a comparative negligence law. This means that if you, the passenger, are found to be partially responsible for the accident, your compensation award may be reduced based on your percentage of fault.

Accidents Involving Third Parties
If an Uber driver hits a pedestrian, cyclist, or another vehicle while logged into the app and actively participating in a ride, Uber’s liability insurance can cover damages. The specifics, however, depend on the timing of the driver’s actions and whether they were carrying a passenger or on their way to pick one up.

Injuries to Passengers
Passengers injured in an Uber are covered under Uber’s insurance policy, which can include medical expenses and other damages. This coverage is in effect from the moment a passenger enters the Uber vehicle until they exit.

 

What if Uber Denies Liability?

There are scenarios where Uber may deny liability for an accident. For instance, if an Uber driver’s negligence leads to an accident but the driver was not logged into the Uber app, Uber may claim that their insurance does not apply. In such cases, the driver’s personal insurance policy might be the only source of compensation (unless the driver lacks adequate coverage.)

 

Legal Options for Rideshare Accident Victims

Victims of Uber accidents—whether passengers, other motorists, or pedestrians—have legal rights and may be able to pursue compensation for their injuries and losses. Here’s how you can proceed:

Consult an Uber Accident Lawyer: An experienced personal injury lawyer can help you navigate the complex landscape of rideshare accident claims. They can advise on whether to sue Uber directly or pursue a claim through the insurance company.

Gather Evidence: Collecting evidence such as police reports, witness statements, and medical records is crucial for your accident case. This data will support your claim regarding who was at fault and the extent of your injuries.

File an Insurance Claim: Filing a claim with Uber’s insurance or the at-fault party’s insurer is often the first step in seeking compensation.

Legal Action: If insurance claims do not result in adequate compensation, legal action may be necessary. Your lawyer can guide you through the process of filing a personal injury claim.

 

How An Accident Attorney Can Help

At Rush, Hannula, Harkins & Kyler, PLLC, our team of skilled personal injury attorneys has extensive experience handling car accident cases. We understand the intricacies of dealing with large rideshare companies like Uber and Lyft and their insurers, and we are committed to advocating for the rights of accident victims.

Free Case Evaluation: Contact us today for a free consultation to discuss your Uber accident case. We will explore all your legal options and guide you on the best path forward.

No Upfront Costs: You pay nothing unless we win your case.

Call us or visit our website to schedule your free consultation today.