Uber is a popular travel option when you need someone to drive you to your destination. However, the increased demand for Uber drivers exacerbates road congestion and the risk of accidents.
Recovering from any car accident is overwhelming, but being in a crash with an Uber driver can have additional frustrations. Determining fault after an Uber accident in Burbank can be complex. Uber accidents often involve at least two insurance companies fighting against you and each other to minimize their payouts.
If you have been injured in an Uber accident, let an experienced attorney shoulder some of the burden so you can focus on your recovery. Call today to determine if you might be entitled to compensation.
Liability for Uber Accidents
To help identify fault after an accident in Burbank, it is important to know the Uber driver’s status at the time of the incident. The insurance covering Uber and the individual driver will provide more, less, or no coverage depending on whether the driver was working when the accident occurred. The three main statuses are:
- Logged off the Uber app
- Logged on with no accepted ride
- Logged on with an accepted ride
When an Uber driver is logged off, their car insurance may cover any accidents they may be responsible for. However, many personal insurance policies will not cover the full cost of injuries caused by a driver logged off the app at the time of the accident.
When an Uber driver is logged on but has not yet accepted a ride, Uber’s insurance policy provides up to:
- $50,000 per person injured
- $100,000 per accident for bodily injury
- at least $25,000 for property damage
When an Uber driver is logged on and has accepted a ride, Uber’s insurance policy provides up to $1 million in coverage. This applies whether or not the passenger has been picked up. At least initially, Uber is unlikely to offer the highest payment available to the injured party.
If another driver was at least partially at fault for the accident, their insurance could also be responsible for compensating the injured party. A Burbank Uber accident attorney could determine who was at fault and design a strategy to help you get what you are owed despite the coverage limits of any one insurance company.
Independent Contractor vs. Employee
In California, Uber drivers are considered independent contractors rather than employees. This means that Uber has more limited liability for accidents caused by its drivers than a traditional employer might. However, there are still a few cases in which an injured party could have a claim against Uber itself for a driver’s negligence.
For example, if Uber knew (or should have known) that one of its drivers was unsuitable for the job but hired them anyway, a claimant could sue Uber for negligent hiring. After a collision, a Burbank Uber accident attorney could investigate liability and your potential claims against the individual driver and Uber itself.
Damages for Parties Injured in Uber Accidents
Whether the injured party is an Uber passenger, another driver, a pedestrian, or another third party, they could recover for:
- Medical costs (e.g., surgery, medication, rehabilitation, hospital stays)
- Property damage
- Lost wages
- Diminished future earning potential
- Pain and suffering
- Emotional distress
- Loss of consortium
As California is a “comparative negligence state,” if you are the injured party, you may still be able to recover a reduced award even if you were also at fault. A Burbank Uber accident attorney could help you claim the maximum damages based on who is at fault and your specific circumstances.
Call a Burbank Accident Attorney Today for Help Establishing Liability Against an Uber Driver
Determining fault after an Uber accident in Burbank can be complicated and confusing. However, our Uber accident attorneys know where to start, what to look for, and how to get you the maximum compensation possible. Call today to book a free consultation to discuss your options.