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INJURED IN AN UBER or lYFT ACCIDENT IN san DIEGO?
Uber accidents are becoming increasingly common as the ride-sharing industry continues to flourish. Expecting this growth, the California Public Utilities Commission or “CPUC” established rules that all Transportation Network Providers (“TNP’s”), including Uber, must abide by, including a $1 million dollar per incident insurance minimum during the Uber ride when a passenger is in the Uber vehicle.
Unsurprisingly Uber accidents involve many parties, and thus prosecuting Uber lawsuits required special knowledge of the multiple commercial and personal auto insurance policies at issue. In San Diego, Uber is mandated by California state law to carry minimum commercial insurance coverage for the purpose of protecting the Uber driver, Uber passenger, and potential pedestrians and third parties involved in Uber accidents. The insurance policy that may apply to you will depend on the stage of the ride at which the accident occurred. Applying the wrong insurance policy, as have been the case in prior claims where the lawyer was not aware of the periods, will significantly damage your case. These legal obstacles that you must navigate in filing your lawsuit against Uber in California is exactly why you need a San Diego rideshare injury lawyer who is experienced in Uber lawsuits.
Whether you were hurt in an Uber in San Diego as an Uber driver or passenger, you certainly may proceed to seek compensation from a third-party at-fault driver’s insurance policy. If the driver’s insurance policy does not cover your damages, i.e. pain and suffering, medical cost reimbursement, and wage loss, then you may seek coverage from Uber’s commercial insurer for the remaining portion of damages as UIM/UM (Uninsured Motorist/Uninsured Motorist) coverage, depending on the stage of the Uber ride. Further, if you were the Uber driver in an accident in San Diego, you may seek compensation firstly from the at-fault driver’s personal auto insurance, then seek UIM/UM coverage from Uber’s commercial insurance policy (it is important to remember limits vary depending on the period in which the accident occurred; also, no UIM/UM coverage applies during Period 1 when the app is on and a passenger hasn’t matched with an Uber driver).
Experienced San Diego Rideshare Accident Attorneys is prepared to speak to you regarding your Uber car accident. Please make sure you have a few things available before your consultation: A copy of the police report, any medical records, screenshots of information concerning your Uber crash, pictures you may have taken from the accident, and the Terms of Service contained in your Uber app.
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CAN I SEEK COMPENSATION FROM UBER FOR MY ACCIDENT?
Regardless of the at-fault party, you can seek coverage from Uber’s commercial insurer after seeking coverage from the at-fault driver’s personal insurance, assuming you were not an Uber driver unpaired with a passenger at the time of the accident. And if you were an Uber passenger and you sustained an injury during your Uber ride due to the negligence of the Uber driver, you can seek coverage from California’s mandated insurance policy with $1 million dollar minimum coverage.
Now, if you were hit or injured by an Uber car while inside another car or as a pedestrian, you are still given the legal right to bring a case against Uber, while seeking the maximum extent of compensation from other insurance coverages. It is imperative for your case to speak to an experienced rideshare lawyer who can address the unique facts of your case in order to optimize your potential legal recovery.
As a Passenger/rider in an Uber Accident
In the event that your Uber accident lawyer can prove that the Uber driver was negligent in the accident, you may file a lawsuit against the Uber driver personally, Uber, and Uber’s commercial insurance company for your damages. It commonly may not be difficult to prove liability in an Uber accident lawsuit because Uber drivers are many times distracted checking the app’s interface while they are supposed to keep lookout for other cars on the road.
Under California law, under CPUC § 5431, a “TNC” or Transportation Network Company, including Uber, is required to carry commercial insurance in the event that a passenger or driver is injured in the course of a ride. For the passenger in the Uber, a compulsory primary policy of $1 million is available to cover sustained injuries and associated damages.
Lastly, it may be in your best interest to file a claim against a third party driver’s insurer, if your San Diego Uber accident lawyer determines that the third party driver was at-fault in the accident. Still, Uber’s commercial policy is in place if the driver’s insurance coverage does not adequately cover your damages resulting from the accident, again depending on the period of the Uber ride that the accident occurred.
As a rideshare Driver in an Uber Accident
Regardless of whether you are deemed an employee or independent contractor under the law, California has put in place insurance protections if you are in an accident. CPUC § 5431 requires Uber to carry insurance that covers your damages in an accident even if there is no passenger in the vehicle, as long as the Uber app is open and a ride is not matched, of at least $100,000 of bodily injury liability per accident, $50,000 bodily injury coverage per person hurt in an accident, and $30,000 of property damage per accident. Also, during that period, Uber is required to carry additional liability coverage of $200,000 extra liability coverage in California. Additionally during that insurance period in California, comprehension and collision coverage coverage is not applicable.
If a ride has not been matched, and the Uber app is off, then your coverage would be limited to California’s minimum insurance requirements, which is $30,000 bodily injury per accident, $15,000 bodily injury per person injured, and $5,000 property damage per accident. Uber’s UM/UIM coverage would not be available if those limits were exhausted.
If you are a San Diego Uber driver that is injured during the transport of a passenger, then you can seek coverage from Uber’s liability insurance coverage of $1 million per accident with UIM/UM coverage of $1 million per accident. Comprehension and collision coverage is available as well, but only for California Uber drivers that have comprehension and collision coverage on their personal policy. Lastly, there is a $1,000 deductible for comprehensive and collision repairs on the Uber vehicle.
CAN I SUE THE RIDESHARE DRIVER FOR THE UBER ACCIDENT?
If the negligence of your Uber driver was the cause of your accident, then you may bring a claim against her/him personally as well as their personal automobile insurer. Additionally, you may bring a claim against Uber and Uber’s commercial insurer, which in California would be either Allstate, Esurance, GEICO, State Farm, Farmers Insurance, Mercury Insurance or USAA.
If you were a third party driver or passenger hit by an Uber in San Diego, then you may seek damages in a lawsuit against the Uber driver and Uber for compensation . If an accident occurs, it is important that after seeking medical assistance, you request both the Uber driver’s personal motor vehicle information and insurance as well as their ride-sharing information contained in their Uber app.
can i sue a third party driver in an uber accident?
If your injuries in an Uber accident were due to the negligence of a third party driver in San Diego, you have the legal right to bring a claim against the at-fault driver. California requires that each driver on the road carry personal automobile insurance. Thus, you would theoretically be covered by that driver’s personal insurance. If that coverage is too limited, Uber’s insurance coverage kicks in to cover the remaining portion of your damages.
It is vital to know which drivers are at-fault in your Uber accident so that you can receive compensation expeditiously by dealing with their insurance companies at the outset of your accident case. Get in touch with a San Diego Uber accident lawyer right away to figure out which parties to file a claim against.
Can I Sue Uber as an Uber Passenger?
Although you must prepare yourself for a battle of whether the Uber driver was an employee of Uber (the law is still a grey area in California as well as the rest of the country), you may bring a claim against Uber if the driver was negligent in the operation of the Uber vehicle, proximately leading to your injuries.
It is important to note that in California, insurance coverage may vary depending on whether your ride was a Uber, UberX, Uber Black, Uber XL, or Uber Pool.
What Should I Do If I was in an Uber Accident?
Call 911 and immediately seek medical attention. If you are the Uber driver, always check if the passengers in the car need medical assistance. Never let the driver of another vehicle talk you out of calling the police. Having a police report is essential in recovering just compensation. The police report will typically include details of the car accident, including statements from the Uber driver and other witnesses.
If possible, request the other driver’s license and insurance information. Screenshot your Uber information in the app.
If possible, stand in a safe area away from traffic and photograph the vehicles before they are moved as well as the immediate vicinity to accumulate evidence in your potential claim.
After you have dealt with the police, if you were not taken to the hospital already, it is important to be seen by a doctor to examine yourself and document your injuries. Your medical records will be requested by an Uber accident lawyer to document and your condition and substantiate your claim for your Uber accident.
I am a Pedestrian Hit by an Uber in San Diego. Can I Sue Uber?
Being hit as a pedestrian by an Uber vehicle typically carries the highest damages in the ride-sharing auto accident context. California has legislated pedestrian favorable laws to protect pedestrians from negligent drivers, including Uber drivers.
California Vehicle Code 21950 mandates that California driver must yield to pedestrians crossing a roadway within any marked or unmarked crosswalk. That law carries a lot of weight in court, putting Uber and the Uber driver at-fault, even if you failed to look both ways before crossing the crosswalk or simply weren’t paying attention while crossing the street.
If you were struck by an Uber car on the street or sidewalk, chances are that your injuries were substantial. That makes it even more important to your future wellbeing to retain an attorney that normally deals with ride-sharing law. Contact The Rideshare Accident Attorneys to properly evaluate your claim even before Uber’s insurance company can try steering you away from receiving adequate compensation. Being hit by an Uber car in San Diego was not your fault. You deserve nothing less than the maximum compensation in your claim.
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DOES CALIFORNIA'S COMPARATIVE NEGLIGENCE SYSTEM AFFECT MY UBER SETTLEMENT?
In San Diego and the rest of California, courts use modified comparative negligence in injury lawsuits. This essentially means that your settlement or verdict is lessened by the percentage that you were at fault for the accident. Moreover, this can mean as an injured passenger in an Uber, that you have your Uber driver and the driver of another vehicle that is partially at fault. Call an Uber accident lawyer in San Diego to evaluate whether your injury claim against Uber may be reduced, if at all.
HOW DOES UBER'S INSURANCE WORK IN AN UBER ACCIDENT?
UBER LAW IN CALIFORNIA - CPUC § 5433
California’s Transportation Network Companies (“TNC”) Act mandates out varying amounts of insurance liability coverage depending on the period of the Uber ride. The first period ranges from the moment that an Uber driver matches with a passenger until the driver completes the transaction or until the Uber ride is complete, whichever is later. The coverage requirement is $1 million primary liability insurance that covers death, personal injury, and property damage.
The second period begins when an Uber driver logs on to the Uber app until the driver matched with an Uber passenger, as well as the period from when the driver completes a transaction or the ride is complete, whichever is later, until the driver either matches with another passenger or logs off the Uber app. The coverage requirements are primary and in the amount of at least $50,000 for death and personal injury per person, $100,000 for death and personal injury per incident, and $30,000 for property damage.
Uber also provides for uninsured motorist (UM) coverage and underinsured motorist (UIM) coverage in the amount of $1,000,000 for the period that a passenger enters the Uber driver until the passenger exits the Uber.
