Written by Malman Law, reviewed by Steve J. Malman.
While Uber is technically legal, more cities and local governments are putting bans and restrictions on these ride-sharing programs – specifically because of accident rates and a lack of recourse for accident victims. In a normal accident situation, the driver of the other vehicle is responsible for injuries that he or she caused, and you are responsible for your own vehicle. It’s not as clear-cut, however, when you are a passenger of another person’s car and that person is using the vehicle for income, rather than leisure. Clearly, this form of transportation can become complex when accidents occur.
Whether you are the Uber passenger, a driver of another vehicle, or a pedestrian, and you are in an accident with an Uber driver, you will notice that things get rather complicated. Because Uber states that all drivers under their service are considered independent contractors, not employees, Uber can deny coverage for any injuries sustained while passengers use the service. However, a passenger in an Uber accident may be entitled to compensation from the Uber driver’s or the other driver’s insurance – depending on who was at-fault for the accident. This would fall under Uber’s automatic one million dollar per ride policy.
Uber has created an insurance policy specifically for their drivers and passengers. When Uber drivers have “available” status, they are provided with liability insurance from Uber. This can cover up to $50,000 for injuries, $100,000 per accident, and $25,000 for property damage. Therefore, if an Uber driver is negligent in an accident – even if he or she doesn’t have a fare (but was waiting to receive one) – your injuries, as well as vehicle damage, could be covered under the company’s liability insurance policy, up to the specified limits.
If the Uber driver has a fare, the liability policy amounts increase. This includes the time spent driving until the customer has been dropped off. The coverage breakdown is as follows:
There are repercussions for any accident; unfortunately, there are not enough laws to protect individuals against Uber accidents at this time. If you are involved in an accident with an Uber vehicle or if you are a passenger in the Uber transport, there are things that you must do in order to protect yourself. These include:
Even if your injuries were minor, dealing with Uber’s insurance policies can be complicated. An attorney can assist you with your claim. If Uber refuses to cover your claim, the other party’s insurance may pay for your injuries and losses. To get started, contact an attorney at Malman Law for a consultation by calling us. Or, fill out our online contact form with your legal questions and we will be in-touch with you shortly.
Malman Law’s founder Attorney Steven Malman has over 30 years of experience handling personal injury, nursing home, medical malpractice, truck accidents, car accidents, premises liability, construction, and workers’ compensation cases in Chicago, IL.
Years of experience: +30 years
Illinois Registration Status: Active and authorized to practice law—Last Registered Year: 2024
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