Uber and Lyft driving services have skyrocketed, making the trend one that is commonly talked about and examined. With Uber you can get a safe ride or become an independent contractor so the company has become a hot topic around town.
In the Marietta and the Atlanta area, over 2,000 people are interactive with the local Uber Facebook page.
This page offers:
- Stories of success and who to use
- Stories of personal injuries acquired from a car accident
Uber forums are heavy with personal injury concerns.
- Who will be responsible if an individual is injured in an accident during an Uber ride?
- Who will be held accountable if I am hit by an Uber driver, as a pedestrian?
Uber tries to cover its bases, but it isn’t always black and white
There is a three-part insurance structure to cover both drivers and passengers.
- When the drivers are not available to pick up passengers, they’re covered by their own personal auto insurance.
- When drivers are available but haven’t yet picked up a passenger, they’re covered by their own personal insurance plus additional contingent liability coverage.
- Drivers who are on a trip with a passenger are covered by a liability coverage policy and an uninsured/underinsured coverage policy (in case of accidents with un- or under-insured drivers).
Uber has wiggle room for liability because the entity classifies its drivers as third party, not Uber employees.
Examples of situations where Uber may not cover your claim:
- If you are injured in an Uber vehicle or by an Uber vehicle, and it is decided by Uber that the damages must FIRST be left to the driver or passenger’s own individual insurance coverage This will leave the victim with much less than Uber insurance will cover for personal injury during an altercation or in the event of a car accident.
- If an Uber driver strikes a pedestrian while he or she is legally walking in an intersection at the allotted time, the pedestrian can move forward with an accident claim, however the Uber drives must have his or her app on and be “on trip” to make a case viable. This may leave the pedestrian with insufficient funds to account for pain and suffering, depending on injuries obtained.
- It has been noted in several court cases that personal injury through sexual assault in Uber vehicles is on the rise, and is due to the criminal history of drivers that went undetected in the screening process. However Uber is known to stand by its “iron clad” preliminary hiring process for drivers, preventing such occurrences.
Uber’s screening process tries to offer reassurance. To be a driver, you must:
- Have a clean driving history and consent to a background check. You must also be 21.
- Have a suitable and safe vehicle and have an in state license
- Have a social security card.
False sense of security for riders? Quite possibly. Uber recently had to forego it’s “gold standard” background check branding when it was realized that unlike taxi companies, Uber does not do fingerprint checks.
When it comes to personal injury or an accident, Uber’s stance on what the entity will do for the victim remains uber vague. You will need someone who knows the laws in your state and how to properly proceed with a fair claim for you.
If you have been injured in an Uber related incident, we can help assess your situation and utilize our extensive personal injury experience to find ways to get you a sensible outcome. Contact us today to discuss your case.