What if you are an uber car accident passenger? Passenger’s injured in uber car accidents, in essence, have more rights than anyone else who might have been injured. This is because, with few exceptions (see my article on when uber passengers cause car accidents), the uber passenger is 100% not at fault! This makes logical sense. Think about some common uber car accident claim scenarios:
- The uber driver may be sitting idle at a red light when another vehicle rear ends the uber car. In which case the uber car accident would be deemed the fault of car doing the rear ending – not the uber car accident passenger.
- The uber driver may him or herself be driving carelessly, perhaps paying too close attention to the uber app that is not at eye level, and fail to notice traffic causing an accident. An uber driver may run a red light or stop sign causing an accident, etc. In any of these cases the uber driver, not the uber car accident passenger, would be deemed at fault.
Who Pays for an Uber Car Accident Passenger’s Injury Claim?
If the uber driver is not at fault, there are five potential insurance injury policies that would be involved:
First, the uber car accident passenger would submit a claim to their own PIP insurance (if they own a car or live with a resident relative who owns a car). For example, if the uber car accident passenger had to go to the emergency room or urgent care, they would present their own no-fault/PIP insurance card to the medical provider. PIP pays 80% of medical bills up to $10,000 (subject to certain restrictions). The 20% that PIP doesn’t cover, and any additional medical expenses / lost wages / pain and suffering would be submitted to that at-fault vehicle’s driver. If the at-fault driver is not also the vehicle’s owner (for example the car owner allowed a friend, non-resident family member, employee, etc… to drive the car), the uber accident claim could also be submitted to the at-fault car-owner’s insurance company.
Finally, if after the injured uber car accident passenger’s attorney determined that there was not enough insurance between the PIP and two other auto insurance companies that might cover the at-fault vehicle, the injured uber passenger could bring a claim against their own uninsured motorists coverage (if any) and Uber’s $1,000,000 policy that covers all active Uber drivers and Uber passengers. Read more about Uber Car Accident Coverage here.
What if the Uber driver is at fault in causing the accident and uber passenger’s injuries?
First the uber car accident passenger would still file a claim with their own personal-injury protection (PIP) coverage, if any. Similar to what I described above. The second part of the claim would be submitted to James River Insurance company (the company that affords up to $1 Million Dollars in coverage for Uber). Finally, if the uber passenger, injured in a car accident, had a very serious injury or wrongful death claim, they (or their estate) would be able to bring an injury claim against the uber car accident passenger’s under-insured motorists policy, if any.
Can’t a personal injury attorney go after the at-fault driver personally?
Technically yes, but uber injury attorney’s recognize that, in the vast majority of uber car accident claims, the $1,000,000 in coverage will be more than enough. Furthermore, bringing a case against an individual and collecting on that individual is easier said than done. Florida is a debtor-friendly state. Unless the at-fault driver has significant assets (that aren’t already asset protected) it is likely that a judgement against them will go uncollected. The collections process can be long and expensive. Our job, as personal-injury attorneys, is to get our client’s the most money (that they deserve) in the most efficient way possible.
If you are an uber passenger involved in a car accident, please seek medical attention and then call an experienced uber car accident lawyer to discuss your rights in more detail.
Uber Car Accident Lawyer Resources