Who Is at Fault in an Uber Accident?

Date: November 3, 2023
car speeding down the highway during memorial day weekend

When people think of an Uber accident, they may assume that the Uber driver is automatically at fault for what happened. However, while Uber drivers are responsible for many accidents, they are not always liable for every crash. Determining who is to blame requires investigation.

Uber accident injuries happen in several ways. You could be a passenger in the Uber car or a motorist involved in an accident with the rideshare driver. Who was at fault depends on your particular situation.

If you were a passenger involved in an Uber accident, there might be two potentially at-fault parties: the Uber driver or the other vehicle’s driver.

The same liability rules that apply to every car accident are in play for your Uber injuries. The insurance companies would determine which individual driver was at fault based on their actions.

Negligence in an Uber Accident

The key here is which driver did something considered unreasonable under the circumstances. For example, the following things would be considered unreasonable and may make a driver legally responsible:

  • Failing to check the blind spots before making a turn.
  • Running into the back of the car in front of them.
  • Causing an accident due to distracted driving.
  • Not seeing another car because the driver was fatigued.

You need evidence to prove that a party was responsible. If two drivers were involved in the accident, the insurance companies would come together to determine liability. If they cannot agree, they would go to arbitration to decide which party was responsible and which insurance company should pay.

Uber’s Insurance Rules and Periods

You cannot sue Uber for an accident because the driver is an independent contractor and not an employee of Uber. However, Uber maintains an insurance policy for each driver. Three applicable periods apply to accident coverage:

  • Period 0 is when the driver is in their car, but the app is disengaged. Then, the driver’s insurance policy will cover damages.
  • Period 1 is when the app is on, but there is no ride request. Then, there is an intermediate level of coverage.
  • Period 2 is when the driver has accepted a ride request or has a passenger in the car. There is coverage of up to $1 million on a per-accident basis.

Filing an Uber Accident Claim

If the Uber driver was responsible, you could file a claim against the insurance policy that Uber provides for its drivers. Uber works with several insurance companies to offer coverage for accidents caused by its drivers. These insurance companies do not necessarily make things easy for you. For example, the insurance company may deny the claim if they believe another driver was responsible for the accident. Thus, it is essential to file the claim against the right insurance policy to avoid any further delays in your case. You need an experienced attorney to help you through your case.

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Contact a New Jersey Car Accident Lawyer at Kitrick, McWeeney & Wells, LLC Today

New Jersey car accident lawyer at Kitrick, McWeeney & Wells, LLC can stand up for your legal rights if you have been injured in an Uber crash. Call 732-800-9474 or contact us online to schedule a free consultation. Located in Manasquan and Brick, New Jersey, we serve clients in Middlesex County, Atlantic County, Mercer County, Monmouth County, and Ocean County.