Are you a frequent Uber user? Wondering what happens if you are injured in an Uber? As a passenger, you can file a claim against your accident. And Uber’s accident policy allows you to get your desired compensation.
This blog describes Uber accident settlement amounts, related terms and conditions, and the insurance claiming process in detail.
Table of Contents
Who Is Responsible for the Ridesharing Accident?
When you are taking a ridesharing service, it falls under the driver’s liability. However, the driver’s insurance policy may not be enough to compensate for your damages or injuries. In this case, the ridesharing company may take the responsibility.
Note: The ridesharing company will only claim liability when the driver is logged on the app.
What is the legal position of Uber?
Every type of paid transportation, including buses and taxis, is governed by the “common carrier” law.
In other words, they are legally required to take greater responsibility for the safety of their passengers than, say, your neighbor who offers to drive you to the grocery store.
To avoid being labeled as a “common carrier,” Uber argues that its app was created for “ridesharing” rather than business transportation. Uber will only take responsibility when drivers or passengers use their app.
The Comprehensive Fleet Insurance Plan of Uber
Uber Canada declared that a broad fleet insurance policy would automatically protect all its users and drivers in Ontario from when drivers become available to take trip requests until customers get out of the car.
Pointedly, for any damages, a claim may be made under this policy up to a $2 million third-party liability limit if an accident occurs while an Uber trip (between accepting a request and reaching the destination).
The third-party liability limit is $1 million if bodily injuries are suffered in an accident. It will be only applicable after the Uber driver has made themselves accessible on the Uber app.
Let’s find an overall idea from the chart below:
| Name of the insurance | Ontario | Quebec | Alberta | Nova Scotia | Saskatchewan | British Columbia |
| Liability coverage | $2 million | $2 million | ||||
| Uninsured/underinsured motorist coverage | $2 million | $2 million | $2 million | $2 million | ||
| Contingent collision and comprehensive coverage | $1,000 | $1,000 | $1,000 | |||
| Coverage between trips
|
$1 million | $1 million | $1 million | |||
| Civil liability coverage | $1 million | |||||
| Third-party liability coverage | $2 million | $2 million | $2 million |
Source: Uber
How does this affect you?
You are protected up to the insurance mentioned above limits whether you are an Uber driver, passenger, or third party. Your injury lawyer can pursue a claim against additional possible defendants if the accident-related damages go above and beyond the coverage provided by the general fleet insurance.
The general fleet policy will be examined regularly to ensure it still satisfies the requirements of customers and rideshare participants.
What happens if your uber gets pulled over?
Uber drivers are subject to obey traffic rules like every other driver. Canada has strict regulations against texting or massaging while driving.
However, many Uber drivers use tablets or smartphones to get GPS directions. Even then, Uber drivers are not permitted to operate these gadgets while driving physically. In such cases, vocal commands are the only ones that are accepted. Moreover, Uber drivers who are drunk or intoxicated must adhere to strict restrictions.
So what if your driver pulls over in the midway?
Don’t freak out if your Uber driver stops the car halfway and insists you depart. In such cases, you can inform the law enforcement authority (if you wish). Wait for the police officer to finish their work while you sit back.
You can cancel the ride using the Uber app, but you should also let the company know what happened. Keep a record of the name and license plate number of the motorist. Some law enforcement officials could even volunteer to drop you off in a secure area.
What happens if you are harmed while riding in an Uber car?
If the other party is at fault, the result would be the same as if you were driving your car. The party would be held accountable, and you would receive compensation through insurance.
If the Uber driver is at fault, things become more complicated. Although their insurance would typically cover it, they risk having their claim rejected if they use a vehicle for business purposes and haven’t informed their insurance provider of this.
Uber has officially declared that it will pay for any claims exceeding driver’s insurance. However, the details of that arrangement are still unknown.
Can a Uber driver be sued if someone is hurt?
If you suffer injuries in an accident involving one of Uber’s cars, you have the right to sue Uber or one of its drivers. This holds whether you are an Uber passenger or were struck by an Uber driver while riding in another vehicle.
What occurred will determine whether you can sue Uber or the driver and how much money you can get.
What are the average Uber accident settlement amounts?
Uber accident settlement claims are processed similar to any auto accident claims Uber accidents in Canada. Most likely, it is under $15,000, and if it’s a minor injury, you will get a small amount for that.
Suppose you were hurt in an Uber accident. In that case, you can claim damages by providing information about the incident and the involved vehicles.
It would help if you spoke with knowledgeable Uber accident lawyers to start pursuing your claim for damages after seeking medical attention for your wounds.
Is insurance coverage available if Uber gets into an accident?
Your auto insurance will probably not apply if you aren’t driving in a car accident. How does insurance operate then?
While you are a passenger in a car used by an Uber driver, Uber has its insurance coverage that is in effect. As mentioned earlier, the liability coverage under the policy is $1 million, and the uninsured/underinsured motorist coverage is an additional $1 million.
Liability insurance often only covers claims filed by the other party to the collision. But that coverage will also apply to you since your Uber driver can be somewhat to blame for your injuries.
Generally speaking, this means that you must split the $1 million in coverage with another driver and maybe several passengers.
How long does an Uber settlement take?
In most cases, the settlement time may take up to 3 to 6 weeks. Alike most injuries, it also requires evidence and documents to claim. A car accident lawyer can help you in this regard.
However, as your lawyer need to battle for compensation for your injuries, you must also account for the time spent bargaining.
What to do immediately after an accident?
Many people use ridesharing services like Uber and Lyft to get to their daily destinations. Although the nice respite from driving may make you feel at peace, there is still a chance of an accident.
And after a ridesharing accident, cleaning up the wreckage may be a challenging and overwhelming task, especially without the assistance of a personal injury lawyer.
When an accident happens:
At first, to handle the proper reporting, call the police. The police record might not always be admissible in a civil trial.
But if your story and the report are consistent, it will be in your favor. To guarantee that the police arrive at the scene of the accident and create a police report, dial 911.
Collect evidence:
Over time, your recall of the accident’s specifics will deteriorate. By ensuring that your data are exact and consistent, taking images of the accident and making simple notes about it will aid your case.
Consult a lawyer:
The website of Uber provides specific sections with directions for reporting an accident. Never make a written or recorded statement without first consulting a lawyer.
Consult with the insurance company:
Take advantage of a free legal consultation before speaking with an insurance company. Because they have lawyers on their side to make sure they can pay you as much as possible.
Before speaking with a lawyer, negotiating with the insurance company or providing a recorded statement would not be a good option.
Conclusion:
Uber has revolutionized how people travel both domestically and internationally. In Canada, an estimated 2.7 million people used the peer-to-peer ride service between November 2015 and October 2016. (Statistics Canada).
Hence there are different compensation plans and rules Uber follows in Canada. Hopefully, the whole process mentioned above will help you deal with the situation you get injured in a Uber.
FAQ
Does Uber pay for crashes?
Yes. Depending on the specifics of each accident, victims of Uber crashes may be entitled to several forms of compensation. You can get upto $2 million in compensation from a Uber accident which is as low as $1000.
How much does an Uber settlement come out to?
It is probably less than $15,000. This is since few people are seriously hurt in auto accidents. A slight injury will result in a little payment for an Uber automobile accident.
How much has Uber paid in settlements?
Following a government settlement, Uber will reimburse disabled riders more than $2 million. Uber settled with the Department of Justice in response to claims that it discriminated against passengers with disabilities.
Does Uber still pay compensation if you are not hurt in an accident?
Uber will still pay you back the amount they charged you for the ride. Simply, file a complaint through the app, and your refund will probably be handled within a day or two.
What happens if your uber eats driver crashes?
It is crucial to notify Uber Eats of an accident immediately. You must submit an injury claim to be paid for the medical care. Drivers are strongly advised to take a screenshot of their active delivery status on the Uber Eats app, and any specifics of the accident are to be documented with images. The claim will be stronger and have a better chance of being compensated if more information is recorded.
