The only exception to this general rule, that I can imagine, is the case of a very drunk Uber passenger that perhaps gets violent with an uber driver causing them to collide with another vehicle or object.
The classic example - if your Uber driver is stopped at a red light and another vehicle causes a read end car accident. There is literally, nothing your uber driver could have done to avoid the collision.
If the car crash was the fault of another vehicle (not an Uber driver), then your Uber injury lawyer would find out how much coverage the at-fault party has. For example, if the at-fault vehicle has a $10,000 bodily injury policy (fairly common in South Florida), then the injured Uber passenger would still be able to take advantage of Uber’s best-in-class underinsured motorists coverage and the injured uber rider would have $10,000 + $1,000,000 = $1,010,000 in total potential coverage (not including a potential extra uninsured motorists coverage that the Uber rider may have in personal coverage).
While Uber and Lyft both have excellent insurance coverage, the type of car insurance that will provide coverage after a crash depends on the Uber driver’s status at the time of the car accident. Essentially, rideshare insurance (Uber and Lyft) has four different types of car crash insurance coverage for Lyft of Uber accident claims:
Those who elect to utilize their personal vehicles to provide taxi-level services to Uber or Lyft app consumers must still have their own personal auto-insurance policy. While an uber driver or Lyft driver is using their car for non-uber / non-Lyft purposes (e.g. driving to or from their regular job, running personal errands, driving family members around, or any other personal use) will not have Uber car insurance coverage, at all, through Uber or Lyft. Uber coverage (and Lyft insurance crash insurance coverage) will only kick in once the Uber driver or Lyft driver toggles driver mode on or otherwise indicates to Uber or Lyft that they are ready to accept fares.
Once driver mode is toggled on, but before an Uber passenger has requested a ride, the uber driver has a $50,000 per person / $100,000 per accident in bodily injury coverage and $25,000 in property damage (only if the driver’s personal insurance policy will not kick in).
Why wouldn’t an uber driver’s personal insurance policy cover an accident if the uber driver was involved in a crash (but not yet with a passenger)?
Most personal car crash insurance policies will not cover their insured if they are driving in the course and scope of their business or employment (unless the uber driver disclosed and likely paid an extra premium for this coverage).
So once the uber driver has toggled their app on (indicating they are waiting to receive ride requests), the uber driver’s personal injury policy would likely argue that they were driving for non-personal uses (as part of an employment or for work purposes) and disclaim coverage.Of course, if the Uber driver or Lyft driver has paid for rideshare insurance coverage (in addition to their regular personal car accident insurance coverage), then they will have the best of both worlds and sometimes even the ability to stack coverages for their benefit (and protection) in the case of Uber accident claims.
In a non-uber context: personal injury attorneys often see this with food-delivery people and of course, a very clear situation would be, for example, the case of a FedEx driver getting into a car accident. While in the truck, FedEx’s insurance policy is liable for the driver’s negligent actions, when the FedEx driver gets off of work and heads home, their personal insurance carrier is responsible for covering the driver’s negligent actions.
Once an Uber or Lyft ride request has been made and accepted by the Uber driver Uber insurance covers them for up to $1,000,000. Both Uber and Lyft should be commended for having excellent insurance in place to protect their drivers, passengers and 3rd parties injured as a result of a Lyft or Uber driver’s negligence.
Same as above, even before the rideshare requestor has entered their Uber or Lyft, they have uber coverage for up to $1,000,000 for their medical bills, lost wages and pain and suffering should they need to make an uber accident claim or file an uber lawsuit.
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What to Do After a Miami Uber Accident: Your Legal Guide to Dealing With Rideshare Accidents in South Florida
6.3.2020