What happens if my Uber driver gets in an accident? Uber’s insurance may cover the accident, depending on the driver’s status at the time of the accident.
Your South Carolina Uber and Lyft accident lawyer can help determine liability, negotiate with insurance companies, and fight for the best possible outcome.
Who Could be Liable for Your Uber Accident
Determining liability after an Uber accident depends on multiple factors, including whether the Uber driver, another motorist, or Uber’s insurance policy is responsible.
Depending on the circumstances, one or more parties may be liable for covering medical care, loss of income, and other damages. Understanding which insurance policy applies is critical for securing the compensation you deserve.
When Uber’s Insurance Covers Injuries
Uber provides different levels of insurance coverage depending on the driver’s status at the time of the accident.
If the driver is logged into the app but has not accepted a ride, Uber offers limited liability coverage. However, once a trip is accepted or a passenger is in the vehicle, Uber’s $1 million policy covers injuries and property damage.
When the Uber Driver Is Liable
If the Uber driver was at fault for the crash, their personal auto insurance may be responsible for damages. However, if they were on duty but waiting for a ride request, Uber’s limited liability policy may apply. If the driver was actively transporting a passenger, Uber’s $1 million policy should cover injuries and losses.
When the Uber Driver Is Liable
What happens if you are in an accident in an Uber and the driver is found liable? Their personal auto insurance might be the first line of coverage for damages. However, insurance coverage depends on whether the driver was actively engaged in a ride. If the driver was off-duty with the Uber app turned off, only their personal insurance applies.
If the driver was on duty but waiting for a ride request, Uber provides limited coverage, which may not be enough to fully compensate you for your injuries and losses.
When the driver was actively transporting a passenger, Uber’s $1 million insurance policy should cover your medical expenses, lost wages, and other losses you have suffered. However, Uber’s insurer may attempt to minimize payouts by disputing liability or the severity of injuries.
When Another Driver Is Liable
If another driver caused the accident, their insurance policy should cover damages. In these cases, injured Uber passengers or drivers may file claims against the at-fault motorist’s insurance. If the at-fault driver is uninsured or underinsured, Uber’s uninsured motorist coverage may provide additional compensation.
When Uber May Be Liable
Uber classifies its drivers as independent contractors rather than employees, limiting the company’s liability for accidents.
However, in some cases, Uber may be held responsible if it failed to properly screen or train a driver. If Uber’s negligence contributed to the accident, victims may have grounds for a lawsuit against the company.
How Uber’s Insurance Coverage Works in South Carolina
Uber’s insurance policy varies depending on whether the driver is actively transporting a passenger or waiting for a ride request. If an accident occurs while the app is off, the driver’s personal auto insurance is responsible for any damages. However, if the driver is logged in but has not accepted a ride, Uber provides limited liability coverage.
South Carolina law outlines specific insurance requirements for rideshare companies and their drivers. Under S.C. Code Ann. § 58-23-1610, Uber and other transportation network companies must maintain minimum coverage levels. This includes at least $1 million in liability coverage when a driver is transporting passengers and additional protection while the app is on, but a ride has not been accepted.
Uber accidents can be complicated because multiple insurance providers may be involved in the claims process. Some insurers may attempt to deny coverage or shift liability, making it difficult to recover compensation. Understanding the state’s rideshare insurance laws can help your South Carolina catastrophic injury lawyer determine who is responsible for covering your medical bills, lost income, and other damages.
Uber Can Deny Liability for an Accident
When an Uber accident occurs, the company may attempt to deny responsibility by shifting liability to the driver or arguing that the crash was unavoidable. Uber’s classification of drivers as independent contractors allows the company to limit its financial liability in many cases. Additionally, Uber’s insurer may attempt to deny claims based on policy exclusions or disputes over driver conduct at the time of the crash.
Independent Contractor Status
Uber drivers are classified as independent contractors rather than employees, which Uber may use as a defense against liability claims. Because of this classification, Uber can argue that it is not responsible for a driver’s actions behind the wheel. However, Uber is still required to provide insurance coverage in certain situations, and courts have held the company accountable in some cases.
Insurance Claim Denials
Uber’s insurance provider may attempt to deny coverage by arguing that the driver was off-duty or not following company policies. If the driver had the app turned off at the time of the crash, Uber’s insurer may claim that only the driver’s personal auto insurance applies.
Even when the app is on, insurers may dispute liability by questioning whether the driver was actively engaged in a ride.
Multiple Liable Parties
Uber may argue that another driver, a pedestrian, or a third party was responsible for the crash in an attempt to avoid paying damages. If multiple vehicles were involved, Uber may claim that its driver was not primarily at fault. These disputes can complicate claims, which is why it is essential to gather evidence clearly establishing liability.
Get Legal Guidance from a South Carolina Car Accident Lawyer
An Uber accident can leave you dealing with injuries, financial strain, and confusion about liability.
Understanding your legal rights is essential to securing fair compensation, whether you were a passenger, a rideshare driver, or another motorist. Call your South Carolina personal injury lawyer from Shelly Leeke Law Firm today for a free consultation to discuss your case.
