Jeff Marion | October 6, 2023 | Personal Injury
If you’ve spent any significant time in a city like Buffalo, chances are you’ve ridden in an Uber (or a Lyft), or had food delivered by GrubHub or DoorDash. Or… you get the idea.
There’s no question that app-based rideshare services are convenient. And it goes without saying that the vast majority of drivers are safe and responsible! But when you put thousands of Uber drivers on the road and incentivize them to take as many fares as possible as quickly as possible, sooner or later a car accident is almost inevitable.
If you’ve been hurt in an Uber accident, Lyft accident, or any other crash involving a rideshare service, you might wonder how you’ll get your vehicle repaired, your medical bills paid, your lost wages covered, and more. The good news is that you have rights—and in most cases, good insurance coverage will be in place to pay for it.
But it isn’t always simple or straightforward. In this blog post, let’s take a closer look at your rights, your legal options, and some hints and tips that can help you get fair financial compensation after your rideshare accident.
What Do I Do After an Uber Accident?
Whether you’re an Uber passenger, pedestrian, or in another vehicle, the steps you should take after an Uber accident really aren’t all that different from any other kind of car accident. Here are the big ones.
- Call 911 and request a police report.
- Take pictures of everything that might be relevant, such as vehicle damage, the crash scene, skid marks, debris, and your injuries.
- Get contact and insurance information from all involved drivers. For the Uber driver, you’ll need both their personal auto insurance information as well as the insurance provided by the rideshare company.
- Get statements (or at least contact info) from any eyewitnesses who saw the crash.
- Seek medical attention right away for any injuries or symptoms, even if they seem minor to you. (They could get worse over time, and in any case the insurance company will use any delay in medical treatment as an opportunity to cast doubt on any personal injury claim you make.)
How Much Is My Uber Accident Case Worth?
Again, like any other personal injury claim, the value of your Uber accident case depends broadly on two basic things: the amount of damages you can claim, and the amount of insurance coverage available.
In terms of damages, you’re allowed to seek compensation for economic and non-economic losses you’ve suffered. This includes things like:
- Medical bills. Those that you’ve already accumulated as well as those you’re likely to have in the future (future surgeries, physical therapy, etc.)
- Lost wages. If your Uber accident injuries force you to miss work, work part time, change careers, or miss out on promotions, you can seek compensation for income you’ve lost as well as any projected reductions in income over the remainder of your career.
- Pain and suffering. If your injuries caused you physical pain, mental and emotional anguish, embarrassment, or loss of quality of life, you are entitled to compensation that goes above and beyond the “sticker price” of medical expenses and wage losses. For people with significant injuries, like a traumatic brain injury or permanent disfigurement, the “non-economic” portion of their damage claim can be several times larger than the financial costs alone.
- Property damage. If you have to repair or replace a damaged car, ruined clothes, or other property, you should be compensated for those expenses as well.
That all said, your ability to actually recover compensation in line with the damages you’ve suffered is dependent on the insurance that’s available to pay you. So…
How Much Insurance Coverage Is Available?
That depends, and here’s where it gets complicated.
Rideshare companies like Uber and Lyft maintain liability coverage for personal injury on behalf of their drivers. However, the available coverage limits depend on the circumstances. There are basically three “levels” of coverage:
Level 1: The Uber driver is using their vehicle for personal use only
Just because a car is an “Uber vehicle” or has a sticker on the window doesn’t necessarily mean Uber’s insurance is in force. In this scenario, the rideshare company isn’t providing any additional insurance coverage. The driver’s own personal auto insurance policy applies.
In New York state, where I practice, the minimum amount of personal liability coverage is $25,000 in injury coverage per person and $50,000 per accident. However, different states have different minimum coverage amounts, so it’s important to check.
If you’re lucky, the driver that caused your accident is carrying more than that. Unfortunately, most people don’t.
Level 2: The driver has the Uber app open, but has not accepted a ride request
In this scenario, the rideshare company kicks in some extra liability coverage. In most of the country, this is $50,000 per injury and $100,000 per accident. However, New York law requires the rideshare company to provide $75,000 in injury coverage per person and $150,000 per accident.
Level 3: The driver is transporting a passenger or on the way to pick up a ride request
From the moment the rideshare driver accepts a fare until the moment they drop their passengers off at their destination, Uber (or Lyft, or any other rideshare companies providing service in New York) has a $1.25 million injury policy in place. (In most other states this is $1 million, but again, New York enforces a higher amount.)
What about food delivery drivers?
You might think that food delivery services (Uber Eats, DoorDash, GrubHub, etc.) have to follow the same rules. That would certainly be logical. But unfortunately, it’s incorrect. The New York rideshare law only applies to “transportation network companies” that connect drivers with passengers (as in, not goods and services) for prearranged trips.
The amount of insurance coverage provided depends on the company and the state you’re in. Some voluntarily provide coverage for delivery drivers. Others don’t.
Are there other layers of coverage?
Aside from insurance provided by Uber itself, other policies may apply.
The most straightforward one is the uninsured and underinsured motorist coverage (UM/UIM) in your own personal auto insurance policy. This coverage is optional, but most car owners have it (if they didn’t decline it in writing). UM/UIM steps in when the at-fault driver doesn’t have insurance or when the amount of insurance available is lower than your total damages.
I can’t stress this enough—I strongly recommend that every driver purchase at least $250,000 of UM/UIM coverage per injury ($500,000 per accident), or more if you can reasonably afford it. New York’s minimum liability coverage is pitifully small. Some people even drive (illegally) with no insurance at all. If you get in a crash that wasn’t your fault and suffer serious injuries, it’s very likely that the at-fault driver won’t have nearly enough coverage for you to get truly fair compensation. UM/UIM insurance is quite cheap for the amount of coverage you can buy, and it can be a lifesaver for injury victims and their families.
Furthermore, depending on the circumstances of the crash, you may be able to sue Uber directly. That could substantially increase the amount of insurance available to pay you, particularly if you’ve suffered a catastrophic injury. However, since Uber drivers are independent contractors rather than employees, these circumstances are fairly limited. You’ll definitely want to talk with an experienced Uber accident lawyer to see what your options are.
The Right to Sue May Be Limited for Uber Passengers
After a typical motor vehicle accident, you or your attorney will send a demand letter to the responsible party (or parties) and attempt to negotiate a settlement. If those talks don’t result in a fair settlement offer, the next step is almost always to file a personal injury lawsuit and proceed toward a court trial.
However, in Uber accident cases, your right to sue may be significantly limited if you were a passenger in the vehicle at the time of the crash.
By downloading the Uber app and using its ridesharing services, it’s very likely that the terms and conditions you agreed to require you to settle any injury claim through binding arbitration. In other words, you won’t have a right to a jury trial. Instead, an arbitrator will decide what, if any, compensation you’re entitled to.
This has some big potential downsides for accident victims:
- You might have higher upfront costs.
- You may not have the right to full discovery. In regular court proceedings, you have the right to see all the other side’s evidence they plan to use in court, such as what they knew about the driver’s history, rate of speed, and the crash itself. In arbitration, this isn’t necessarily the case.
- You can’t appeal the decision.
On the other hand, if you were a pedestrian or in another vehicle when the accident occurred—i.e., not an Uber passenger—you won’t be bound by Uber’s terms of service and will have a right to a full jury trial.
How Can an Uber Accident Lawyer Help Me?
If you’ve gotten this far, I probably don’t have to tell you that Uber accidents can quickly get complicated.
One of the best things you can do to protect yourself is contact an experienced Uber accident lawyer as soon as possible after the crash. Some important steps your lawyer can help you take include:
- Making sure you get the best possible medical treatment for your injuries.
- Fully investigating the crash and who was at fault. Sometimes multiple parties might be at fault. Car accident lawyers often work with accident reconstructionists and other specialists who piece together the likely circumstances of an Uber crash from the available evidence.
- Calculating fair compensation for your damages. Again, your rideshare accident attorney will work with your doctors, vocational experts, life care planners, and other experts to get an accurate estimate of your financial losses. They’ll also talk with you and your loved ones to paint a detailed picture of how your crash injuries affected your daily life.
- Identifying all potential sources of insurance coverage that apply to your personal injury case.
- Handling all the difficult aspects of your legal case—dealing with insurance adjusters, negotiating settlements, filing a lawsuit, and defending your rights in front of a jury or an arbitrator—so you can focus on getting better.
Hurt in a Rideshare Accident in Western New York? Call Me
After an Uber crash, you deserve prompt, accurate, and compassionate legal advice. I’ve been fighting for people injured in car accidents for more than 25 years—longer than Uber and other ridesharing companies have even existed.
It costs nothing to hire me. During your free case review, we’ll talk about what happened, what you’re going through, and whether you have a good legal case. If you choose to go forward with me, you won’t owe me anything unless I get you money. And I’ll do everything in my power to see that you’re fairly treated and fairly compensated—even if it means going to court.
I also pride myself on providing concierge services to my clients. When you hire a big law firm, chances are you’re going to feel like a number or you’re sending emails into the void. When you work with me and my legal team, you can count on getting your questions answered, same day, by phone or email—and usually by me personally.
Call (716)-589-6655 or use our online contact form to request a free consultation today.
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