Accident Law in San Jose

Liability in an Uber Crash

Posted by accidentlawsanjose - April 6, 2017 2:16 pm

Ridesharing services such as Uber and Lyft have become extremely popular over the last few years, mostly due to perceived convenience and affordability. Unfortunately, using ridesharing is not a guarantee against auto accidents. Fortunately, Uber, Lyft, and other services offer insurance policies that may cover drivers, passengers, and bystanders involved in a crash.

Uber, for example, has a three-part insurance structure to cover their drivers and passengers. First, in the event that a driver is heading to pick up a passenger and is involved in a crash, their own insurance coverage will protect them and Uber offers them additional contingent liability coverage of up to $50,000 per injury for a total of $100,000 and up to $25,000 in property damage if the driver’s personal insurance is not sufficient. If the driver has a fare, the driver would be protected with a $1 million liability coverage policy and a $1 million uninsured/underinsured coverage policy. Otherwise, according to the third part of the policy, if the driver is not available for passengers and is not currently transporting a passenger, then they are only covered by their own insurance.

Another aspect that is important to mention is that most ride-sharing companies classify their drivers as independent contractors or third party service providers. This classification is significant because it means that Uber or Lyft cannot be sued for the actions of its drivers. For example, if an Uber passenger is assaulted by a driver, Uber is not liable for damages suffered by the passenger. Legally, victims could only pursue the driver, who may not be able to pay for the damages done, presenting a risk for anyone getting into a vehicle with a complete stranger.

If you or a loved one has been injured as an Uber or Lyft passenger, contact our experienced car accident lawyers at The Law Offices of Arash Khorsandi. Our legal team will be able to determine what type of coverage is available and what your best course of action will be! Call us now at 408-800-4546 for a free consultation.

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