The aftermath of a serious car accident can be as stressful, confusing, and overwhelming as the crash itself. Between dealing with injuries and coordinating insurance claims, there’s an abundance of information to keep track of.
Your situation gets even more stressful when your accident involves an Uber vehicle. Suddenly, you’re not just dealing with the at-fault driver’s insurance company — you must also factor in Uber’s insurance policies.
If you’ve been in an Uber accident, you probably have questions: What are my options for compensation after an Uber accident? Does Uber cover car accidents? Whether you’re the Uber driver, a rider, or the driver of another car involved in the incident, there are protections in place for all parties involved in an Uber-related crash.
Liability After an Uber Accident
If you’re in an accident involving an Uber in Texas, or another rideshare vehicle, you will have additional red tape to cut through. Unlike a typical car accident claim, Uber accidents can be incredibly complex. One of the various factors that contribute to the complexity of Uber accident claims is determining liability.
In most personal injury cases caused by a standard motor vehicle accident in Texas, there are often two entities involved, and the amount of insurance coverage is more or less fixed. You will likely sort out compensation for your injuries and other damages with the at-fault motorist and their insurance company.
But in Uber accidents, liability and the amount of insurance coverage will depend on the unique circumstances of the accident. The parties involved in these rideshare accident cases can potentially include the following:
- The Uber driver
- The Uber rider(s)
- Another third-party driver or road user, including a cyclist or a motorcyclist
- Passenger(s) accompanying a third-party driver
- A vehicle manufacturer
- A government entity
- A trucking company
Uber Insurance Coverage After a Car Accident in Texas
Under the respondeat superior doctrine, employers in Texas may be vicariously liable for an employee’s negligent omissions or actions if the employee’s acts or omissions are within the scope and course of employment. For this reason, in cases involving commercial vehicles, the driver’s employer is often legally liable.
However, Uber does not classify its drivers as employees — instead, they are classified as independent contractors. This means Uber has carefully shielded itself from any allegations of direct liability after an accident. In other words, suing Uber after a car accident is not an option.
If rideshare companies cannot be held liable for accidents, then, does Uber cover accidents? If yes, what does Uber cover in an accident?
Fortunately, while suing Uber after an accident is not an option, as per Texas law, Uber must provide additional insurance to help cover and compensate for most injuries.
So, Uber’s coverage will kick in even if your Uber driver or a third-party motorist does not have insurance or their policy is not enough to cover injuries. Uber’s insurance coverage will depend on three time periods based on the Uber driver’s activity at the time of the wreck:
1. Not Available
If an Uber driver uses their vehicle for private use and the app is turned off, Uber’s policy would not apply. Rather, the accident will be treated like a typical car accident, and the driver’s personal insurance applies.
2. Available but Has No Passengers
If an Uber driver is available to pick up passengers on the app but is not on an active request or transporting a passenger when an accident occurs, injured parties — including pedestrians and third-party motorists — can seek compensation through the driver’s insurance.
However, Uber provides additional coverage in these circumstances with up to $50,000 per injury and a maximum of $100,000 per accident when an Uber driver’s personal liability fails to cover all damages.
3. Available and on Their Way To Pick up a Passenger or Available and Transporting a Passenger
When an Uber driver is active on the Uber app and is transporting a passenger, Uber’s $1 million liability policy kicks in, covering the passenger and driver. Additionally, if a cyclist, another motorist, or a pedestrian is injured, Uber’s insurance policy will also provide coverage any time an Uber driver carries a passenger.
Why You Need an Uber Accident Attorney
If you’re hurt in an Uber accident, you have a right to pursue compensation for your injuries. Yet, it can be incredibly challenging to recover fair compensation.
The ins and outs of liability, insurance coverage, and compensation for Uber-related crashes are complex. It can be overwhelming when dealing with so much uncertainty, but more so when you’re trying to heal. However, with the right Uber accident lawyer by your side, you’ll have a better chance of going against insurance companies and getting the fair compensation you deserve.
Retain an Experienced Uber Accident Lawyer
When it comes to handling insurance claims and lawsuits after an Uber accident, Johnson Garcia brings 35+ years of experience in both personal injury and rideshare accidents. Our Uber accident attorneys are fully prepared to take on at-fault drivers and Uber in our effort to obtain the best compensation possible for your injuries, even if that means going to trial. Schedule your free consultation with Johnson Garcia today to learn more about your options.
