If you’re an Uber passenger and your vehicle gets into a collision, you have the right to file a personal injury claim against whichever driver caused the crash. If you’re a private driver and you’re hit by a negligent Uber driver, your property damage and other losses are usually covered by Uber’s insurance, but it depends on whether the driver was logged into the Uber app at the time of the crash.
Because there is often a question of vicarious liability in Uber accidents, it’s usually best to work with an experienced Denver car accident lawyer to sort through the issues and ensure your rights are protected.
What should I do after an Uber accident?
Don’t let the other party talk you out of reporting the accident. The police can help facilitate the exchange of information between all parties and create an official accident report, which can be a valuable part of the case your personal injury lawyer builds to get your compensation. And, EMS techs are trained to diagnose “hidden injuries” that are common in car collisions, ones that may not present symptoms immediately or be masked by the presence of post-accident-released adrenaline in your body.
If you were driving, you must also report the incident to your auto insurance carrier, even if you didn’t cause the wreck, or risk invalidating your policy. And, as soon as possible, talk to a lawyer to ensure your rights are protected.
Finally, Uber requires you report any accident involving one of its drivers to the company, which you can easily do online.
Uber insurance coverage in Colorado
While Uber drivers are considered independent contractors for employment purposes, for the purposes of the driver’s liability for personal injuries caused by the driver, they do have coverage from the Uber company, as long as the driver is logged in to the app and either actively transporting a fare or waiting to engage one.
If the driver is off-duty, the Uber driver’s personal insurance policy covers your losses, and the accident is treated as one between two private drivers.
Uber covers its drivers with up to one million in liability insurance. However, insurance companies aren’t in the business of paying out million-dollar settlements without a strong case and substantial evidence that the victim sustained considerable injury.
Filing a lawsuit after an Uber accident
Colorado is an at-fault state for car accidents. This means that if you didn’t cause the wreck, you file your claim with the other driver’s insurance company. But, you must establish that the other driver was negligent and that their negligence was the reason for the crash. For example, maybe the driver was paying too much attention to their passengers, their GPS, or the Uber app. Your attorney may subpoena the driver’s phone records, as well as data from their vehicle’s Event Data Recorder, to determine the vehicle’s speed, direction, and torque at the time of the wreck.
If you are a passenger and your Uber driver is in an accident, you have the right to file a claim against the driver who caused the collision and possibly against the Uber corporation itself. For example, the police may determine that each driver was equally to blame for the collision. In that case, you have the right to file your claim for damages against each party.
Hurt in a crash with an Uber? Call us.
Have you been hurt in an accident involving an Uber driver? The attorneys at Zara Injury Law represent Uber passengers in collision claims and drivers who were struck by negligent rideshare drivers. Call us at (866) 823-8288 today for a free consultation.