Attorney for Uber Accident Victims

 

Helping Drivers, Passengers, and Vulnerable Road Users (Walkers, Bikers, and Motorcyclists) Negotiate Settlements for Injuries Suffered in Uber Accidents

 

Every day, millions of Americans use ridesharing applications on their cell phones to ask unknown drivers for a ride. And in numerous cities nationwide, you can arrange transportation within seconds. 

 

Many companies have created ridesharing apps – digital platforms connecting drivers using personal vehicles with individuals needing rides or deliveries from a starting point to a destination. 

 

But Uber dominates the market, with millions of drivers, passengers, shippers, and carriers using its technology platform. For example, a report from May 2022 shows that Uber gets 72 percent of rideshare spending in the United States.

 

Because of its large market share and the number of cities where it arranges transportation, many motor vehicle crashes and injuries involve Uber drivers and passengers. 

 

And in response, the majority of states, including Virginia, have passed laws regulating transportation network companies (TNCs), which is the official term for businesses offering ridesharing services. 

 

These laws, the ridesharing insurance policies written to comply with them, and the possibility that a person can drive for Uber, Lyft, or other ridesharing companies simultaneously complicate Uber accident claims. 

 

And that’s where I come in. This article aims to answer your questions about Uber accident claims, insurance, and settlements. And to increase the value of your Uber accident settlement if you are a driver, passenger, or third-party bystander harmed in a crash. 

 

Keep reading to learn more about your legal rights after an Uber-related traffic accident. 

 

Then call me to start on the path to negotiating a personal injury settlement with Uber that pays a fair amount for your damages: (804) 251-1620 or (757) 810-5614. 

 

 

What is Uber? 

 

Uber Technologies, Inc., a transportation network company, provides ridesharing, food delivery, and freight transport services worldwide through a free cell phone app you can download and install on any smartphone.

 

In 2019 and 2020, nearly three million trips happened on the Uber platform daily.

 

This number continues to grow.

 

How Have Ridesharing Services Such as Uber Affected the Number of Traffic Crashes Nationally?

 

Several studies have tried to estimate the impact that ridesharing businesses, including Uber, have had on the frequency of motor vehicle accidents resulting in injury or death.

 

For example:

 

In 2018, researchers from the University of Chicago and Rice University studied the correlation between ridesharing services and the frequency of motor vehicle accidents. This study found that since 2011, Uber and other rideshare services have been responsible for an approximately three percent rise in traffic fatalities.

 

Possible explanations for these results include the following:

 

• An increase in traffic congestion from ridesharing drivers giving rides to passengers or driving around waiting for the next rider

 

• Passengers use ridesharing vehicles instead of high-density public transit options (buses, trains, light rail, metro, subway, etc.), putting more cars on the road.

 

• More people are going out and socializing due to the ease of getting an Uber (or other ridesharing vehicles) to take them home. 

 

• The number of cars leased, purchased, and registered increased because people can drive part-time for ridesharing services to earn more money. 

 

In addition, a 2021 study “identified that ridesharing trips are associated with increased incidence of motor vehicle injury crashes at trip origins and trip destinations, and that associations were detectable for injury crashes involving motorists and pedestrians but not cyclists.” 

 

And a 2022 article published in the American Journal of Epidemiology reviewed and synthesized “available evidence examining the impacts of ride-hailing [ridesharing] on road traffic crash injuries and fatalities.” 

 

The review found the “collective evidence suggests, with some exceptions, that the technology likely reduces alcohol-involved crashes; however, these declines could be wholly offset by increases in other crashes and may not be experienced in all urban settings.” Further, “negative impacts on other public health–related outcomes such as air pollution, worker rights and protections, and passenger safety may negate [ridesharing’s] positive impacts on traffic crash outcome.”

 

Therefore, the data suggest that ridesharing services such as Uber increase the number of motor vehicle crashes.

 

Self-Reported Uber Accident Statistics – Not the Whole Picture

 

In June 2022, Uber published its U.S. Safety Report for 2019 and 2020. This paper provides data about three categories of safety incidents connected to the Uber rideshare platform in the United States from January 1, 2019, through December 31, 2020:

 

• Motor vehicle fatalities

 

• Fatal physical assault

 

• Sexual assault

 

Unfortunately – and notably – Uber’s report does not include statistics on nonfatal car crashes. 

 

This omission creates a large hole in the available data on Uber accidents and injuries.

 

For example –

 

Suppose Uber-related crashes have a similar percentage of fatal vs. nonfatal injury accidents to national statistics. Then the company’s report may ignore more than 98 percent of Uber-related collisions. And given the volume of Uber drivers and passengers, the data may omit tens of thousands of crashes and injuries.

 

Uber-Related Motor Vehicle Fatalities

 

Uber’s report says 101 individuals died in 91 fatal Uber-related crashes in 2019 and 2020.

 

Many of these fatalities involved at least one risky driving behavior, such as alcohol impairment (drunk driving), speeding, failing to wear a seat belt, or driving the wrong way – with third-party drivers (those not using the Uber app) often the risky ones causing the collision.  

 

In addition, 42 motor vehicle deaths connected with the Uber platform involved pedestrians, motorcyclists, bicyclists, or scooter riders.  

 

But this data may understate the number of Uber-related fatalities.

 

In its report, Uber defines an “Uber-related” fatal motor vehicle crash as one that “involved the vehicle of at least one driver using the Uber platform and involved the death of at least one person (occupant of a vehicle or a non-motorist, regardless of whether they were an Uber user or third party) within 30 days of the crash.” 

 

Additionally, the fatal crash must have happened between when the driver accepted the trip request in the Uber app and the trip’s completion. 

 

This definition could underestimate the number of Uber-related motor vehicle deaths because it does not include crashes when Uber drivers are logged into the app but waiting to accept the next ride.

 

Does Uber Pay for Injuries? Insurance and Liability Issues in Uber Accidents

 

Whether the Uber driver has accepted a ride request or is carrying a passenger when the crash happens and who is at fault determine who bears the risk of loss in an Uber accident.

 

Uber Accident Phases

 

The insurance and legal industries divide the ridesharing experience into four categories:

 

• Phase Zero: The Uber app is off, with the car used for personal reasons. 

 

• Phase One: The driver turned on the Uber app but has not accepted any rides. 

 

• Phase Two: The driver accepts a ride on the Uber app and is on the way to the rider. 

 

• Phase Three: The rider is in the vehicle, with the driver taking the person to their destination.

 

Uber Insurance Coverage for Driver Liability

 

Uber provides its drivers with primary liability insurance underwritten by one of the national auto insurance companies Uber has partnered with. Therefore, if you bring a claim for damages against Uber or its drivers, you will deal with claim adjusters with one of these insurers rather than Uber directly.

 

For a driver to benefit from this protection or a passenger or third party to claim compensation under this coverage, the Uber driver’s negligence or intentional act must have caused the crash and injuries.

 

If the Uber driver is at fault, the available coverage depends on the specifics of the crash.

 

Here is how Uber’s liability insurance for drivers works:

 

Crashes When the Uber App is Off

 

Uber does not provide liability coverage for drivers when the Uber app is off.

 

If an Uber driver causes an accident when not working, you must seek damages through the driver’s personal car insurance.

 

Crashes When the Uber App is On, but the Uber Driver Has Not Accepted a Trip Request and is Not Carrying Passengers

 

At least one study reports that Uber drivers spend up to forty percent of their time on the app waiting for a trip request.

 

The Uber driver’s personal auto insurance is the primary payer if a crash happens in this situation.

 

But fortunately, Uber provides supplemental insurance coverage to drivers responsible for crashes when the app is on, but the driver is waiting for a rider.

 

If the at-fault driver does not have enough insurance to cover the claim, Uber provides the following liability coverage:

 

• $50,000 in bodily injury per person

 

• $100,000 in bodily injury per accident

 

• $25,000 in property damage per accident

 

Crashes When the Uber Driver Has Accepted a Ride or Has Passengers in the Car

 

Uber provides $1,000,000 in liability coverage for bodily injury and death if the crash happens when the driver is on the way to pick up riders or in the middle of a trip.

 

In addition, this $1 million policy covers injured third parties such as pedestrians, bicyclists, and motorcyclists.

 

Can an Uber Driver Purchase Additional Liability Insurance?

 

Yes.

 

Uber drivers can buy more insurance to protect themselves from lawsuits for catastrophic injuries. But this coverage is expensive, sometimes increasing your monthly insurance premium by $5 to $30.

 

The following auto insurance carriers offer additional rideshare insurance coverage (endorsements/riders) to Uber drivers:

 

• Allstate

 

• Erie

 

• Farmers

 

• Liberty Mutual

 

• Mercury

 

• Progressive

 

• State Farm

 

Does Uber Provide Insurance to Protect Its Drivers and Passengers When a Third Party Causes Harm? Uninsured/Underinsured Motorist Coverage with Uber

 

Yes, Uber provides first-party insurance in some situations.

 

Uber carries uninsured and underinsured motorist coverage if the crash happens when the Uber driver is en route to pick up riders or during trips. However, Uber limits this insurance to accidents where another driver is at fault.

 

For example:

 

You should file a lawsuit against the third party whose negligence cause you harm while driving or riding in an Uber vehicle during Phases Two or Three.

 

But the third party may need more insurance or assets to cover your losses.

 

Fortunately, in this situation, you can file a claim against Uber’s uninsured or underinsured motorist coverage.

 

The uninsured/underinsured motorist bodily injury coverage limit varies by state but is at least $250,000.

 

Can an Injured Uber Driver Get Workers Compensation?

 

Maybe.

 

The critical question in whether an Uber driver can receive workers compensation benefits for injuries in a job-related car accident or physical assault is whether the driver is an employee or an independent contractor.

 

Virginia workers comp law (including statutes or published judicial opinions) has yet to address this issue.

 

But other states have provided some guidance.

 

For example, in Search v. Uber Technologies, Inc., 128 F. Supp. 3d 222 (2015), the United States District Court for the District of Columbia (D.C.) denied in large part Uber’s motion to dismiss a civil action alleging Uber was liable for an attack by one of its drivers.

 

In Search, Uber argued its driver was “merely an independent contractor” and that it “is not a transportation company,” but rather “a technology company that acts as a conduit between transportation providers and passengers.” Therefore, it submitted it was not liable for a driver’s acts.

 

But after using D.C.’s five-factor test for determining whether an employer-employee relationship exists, the court held it could not find the Uber driver was an independent contractor as a matter of law. Therefore, whether Uber drivers were employees was a factual question for the jury to decide.

 

The factors used by the Search court are similar to the elements used by workers compensation agencies (including Virginia’s) to answer the employee vs. independent contractor question:

 

• The employer’s involvement in the employee’s hiring

 

• How the employer paid the employee (W-2 vs. 1099, salary or hourly vs. lump sum or per project)

 

• The employer’s power to fire or discipline the employee

 

• The employer’s power to control the employee’s conduct (the ability to supervise and control the employee’s activities is the most significant factor)

 

• Whether the employee’s work is part of the employer’s regular business

 

Therefore, injured Uber drivers may have a workers comp claim (and receive wage loss payments and lifetime medical care) and a third-party negligence lawsuit depending on the fault issues.

 

How Do I Get a Copy of Uber’s Auto Insurance Liability Policy?

 

States differ on how and when you can get a copy of a ridesharing company’s liability insurance policy.

 

But Virginia, for example, explains in its code how to get insurance coverage information from Uber and other TNCs:

 

Any person, or an attorney acting on his behalf, who suffers a loss in an automobile accident with a reasonable belief that the accident involves a [ridesharing vehicle] driven by a [rideshare driver] in connection with a transportation network company and who provides the transportation network company with the date, approximate time, and location of the accident, and if available the name of the [rideshare driver] and if available the accident report, may request in writing from the transportation network company information relating to the insurance coverage and the company providing the coverage. The transportation network company [must] respond electronically or in writing within 30 days.

 

The ridesharing company’s response must include the following information:

 

• Whether the driver had logged into the TNC’s digital platform at the time of the accident

 

• Whether the driver had accepted a ride

 

• Whether a passenger was in the Uber vehicle

 

• The name of the insurance carrier providing primary coverage

 

• The identity and last known address of the TNC driver

 

Your state may have similar rules.

 

Specific Ridesharing Laws in Virginia that Apply to Uber

 

Many states have passed laws regulating TNCs, such as Uber. 

 

The Virginia General Assembly is no exception. 

 

And these laws affect the theories of tort liability and insurance coverage available in your Uber accident claim.

 

Uber is a Transportation Network Company

 

First, Virginia Code Section 46.2-2000 defines a transportation network company as “a person who provides prearranged rides using a digital platform that connects passengers with TNC partners.” And the TNC allows TNC partners to drive their vehicles to give prearranged rides on an intrastate basis in Virginia. 

 

Uber and its drivers satisfy these definitions. 

 

Drivers and Passengers Must Use the Uber App to Arrange Rides

 

Virginia Code Section 46.2-2099.48 says a transportation network company and its partners must “provide passenger transportation only on a prearranged basis and only by means of a digital platform that enables passengers to connect with TNC partners using a TNC partner vehicle. No TNC partner shall transport a passenger unless a transportation network company has matched the TNC partner to that passenger through a digital platform.”

 

Minimum Insurance Coverage for Uber in Virginia

 

Uber must comply with the insurance requirements in Virginia Code Section 46.2-2099.52(B). This statute says that from the moment a ridesharing vehicle accepts a prearranged ride request on a transportation network company’s digital platform until the ridesharing vehicle completes the transaction on the digital platform or the ride is complete, whichever is later: 

 

• The ridesharing company must provide motor vehicle liability coverage. 

 

• $1 million is the minimum policy limit for liability coverage for death, bodily injury, and property damage. 

 

• The TNC must also provide uninsured motorist coverage and underinsured motorist coverage. This insurance applies when a passenger enters a ridesharing vehicle until the passenger exits the car. 

 

• $1 million is the minimum uninsured motorist coverage and underinsured motorist coverage for death, bodily injury, and property damage the ridesharing company must carry.

 

In addition, insurers providing specific TNC insurance coverage to ridesharing vehicles have the exclusive duty to defend any liability claim arising from an accident during a ride. 

 

Generally, this duty supersedes any obligation the vehicle owner’s personal automobile insurance policy may have to defend or indemnify the defendant. And the TNC insurer must act promptly instead of waiting to see if other policies accept or deny the claim. 

 

Further, Virginia Code Section 46.2-2099.52(C) requires TNC vehicles to carry the following minimum insurance coverage whenever a rideshare driver logs into the digital platform:

 

• $50,000 per person for bodily injury and death

 

• $100,000 per incident for bodily injury and death

 

• $25,000 for property damage.

 

Check your state’s laws on ridesharing insurance coverage before making a settlement demand.

 

Uber Driver Requirements in VA

 

Uber and similar transportation network companies must ensure their drivers meet specific requirements. 

 

You can use Uber’s failure to do so to establish liability in an auto accident crash. 

 

These requirements include:

 

• Uber must confirm that a driver is at least 21 years old and has a valid driver’s license

 

• Uber must obtain national criminal history reports for a driver before authorizing the driver to use the app. In addition, Uber must perform a supplemental criminal history record check at least once every two years. 

 

• Obtaining and reviewing a driving history research report for that person

 

• Verifying the driver is not listed on the Sex Offender and Crimes Against Minors Registry or on the U.S. Department of Justice’s National Sex Offender Public Website.

 

• Confirming the driver has no convictions for violent felony offenses

 

• Verifying the driver does not have a conviction within the past three years for one of the following offenses: (i) three or more moving violations; (ii) eluding a law enforcement officer; (iii) reckless driving; (iv) operating a motor vehicle in violation of § 46.2-301; or (v) refusing to submit to a chemical test to determine the alcohol or drug content of the person’s blood or breath, as described in § 18.2-268.3 or 46.2-341.26:3.

 

What to Do After an Uber Accident

 

If you are a driver, passenger, or third party injured in an Uber accident, follow these steps to give yourself the best chance of recovering fair compensation for your losses: 

 

Check for Injuries

 

The top priority after a crash is to check for injuries and ensure that everyone involved is safe.

 

Call 911

 

Call the police (911 if someone is injured or the non-emergency line if there are no injuries). 

 

This step is critical to ensuring a better injury payout for two reasons.

 

First, you should seek medical help immediately if you are hurt.

 

Documentation of your injuries will help you prove damages if you submit an insurance claim or file a lawsuit. 

 

Second, a police officer will respond to the scene, conduct a preliminary investigation, and complete a crash report with their findings. 

 

If the police officer cites the other driver (or the Uber driver if you are a passenger) for speeding or another traffic offense, this finding will help you in settlement negotiations. 

 

Get Important Information at the Accident Scene

 

The litigation discovery process starts at the crash scene when you write down the following:

 

• The date and time of the accident

 

• The accident’s location (including landmarks and intersections)

 

• The weather and road conditions

 

• Name, address, telephone number, email, and insurance information for all other drivers and passengers

 

• Contact information for witnesses

 

• Anything you remember about the moments leading up to and including the crash

 

Contact a Car Accident Attorney

 

Call a top-ranked car accident attorney as soon as you can. They will help strengthen your case and guide you through the process, unraveling insurance coverage issues that complicate Uber accident claims and settlements. 

 

Comply with Medical Treatment

 

You must comply with prescribed medical care to give yourself the best chance of negotiating a fair Uber accident settlement.

 

Receiving initial treatment but ignoring referrals for diagnostic imaging or physical therapy may give the impression that your injuries are not as severe as alleged. 

 

Gather Evidence to Build Your Case

 

You must collect and develop evidence on liability and damages to get fair compensation after an Uber accident. This evidence will address fault, medical and legal causation, the extent of your injuries and disability, permanent partial disability (including loss of use, amputation, and disfigurement), pain and suffering, and projected future medical expenses.    

 

Notify Uber

 

The next step is to notify Uber of the accident and ask for the driver’s insurance information.

 

Can I Sue Uber Directly if Its Driver Caused the Crash? 

 

In addition to the at-fault Uber driver, passengers and third parties may have causes of action against Uber directly. Indeed, you can hold multiple parties liable for the wreck. 

 

For example, in Virginia, potential state-law tort claims include: 

 

• Negligent Hiring or Retention

 

• Vicarious Liability (Respondeat Superior): Under this doctrine, an employer may be held liable for the acts of its employees committed within the scope of their employment. 

 

• Joint Venture Liability

 

• Apparent Agency

 

• Gross Negligence

 

• Liability based on trademark ownership and licensing

 

In addition, you may allege a violation of your state’s Consumer Protection Act. 

 

Case law continues to evolve on these issues, which is why many Uber accident cases resolve by settlement before a jury verdict – the parties want to avoid uncertainty.

 

What Damages Can I Claim in an Uber Crash Claim? 

 

You can seek damages for any loss suffered in the accident, such as the following: 

 

Medical Costs

 

This item includes expenses for the medical treatment you have received for the injuries (and psychiatric conditions such as PTSD) sustained in the accident.

 

In addition, you can ask for money to cover any future medical care you may require. 

 

Therefore, I recommend getting a prognosis for your injuries before negotiating a settlement, even waiting until you reach maximum medical improvement (MMI) to resolve the case unless there are liability or coverage concerns.

 

Loss of Wages and Earning Capacity

 

If the accident forces you to stay away from work or affects your ability to earn money, you can claim the financial losses incurred or expected to incur. 

 

Property Damage

 

You may receive monies to cover the damage to your vehicle or other property in the accident.

 

Pain and Suffering

 

This type of damage (also called non-economic damage) is not easily quantifiable, but it forms an essential part of the total settlement or verdict. It may include physical pain and discomfort from the injuries, inability to participate in certain activities, anxiety, stress, depression, and other psychological effects. 

 

Read more about calculating physical pain and suffering damages here. 

 

Punitive Damages

 

Some states allow you to recover punitive damages if the defendant’s behavior was particularly egregious.

 

However, caps may apply to these damages. 

 

What is the Average Uber Accident Settlement Amount?

 

Uber and its insurers have settled many claims before trial. 

 

These Uber settlements range from $5,000 to $750,000 or more. 

 

The amount you receive will depend on many factors, such as the following:

 

• Whether any party admits fault

 

• The severity of your injury. For example, traumatic brain injury (including head trauma, concussions, and post-concussion syndrome) and back injuries resulting in lumbar or cervical spinal fusion typically settle for more money than soft tissue injuries such as muscle pulls

 

• Your medical bills

 

• Whether you have missed time from work

 

• Whether you will be able to return to your pre-accident job or be limited to light-duty

 

• Your future medical needs

 

An experienced personal injury lawyer can evaluate the value of your Uber claim after analyzing potential liability, damage, and coverage (collectability) issues.

 

Injured While Driving or Riding in an Uber? Want to Get the Best Uber Accident Settlement Possible? Then, Get a Top-Rated Car Crash Lawyer on Your Side.

 

Ridesharing services like Uber are popular – and continuing to grow.

 

Unfortunately, with this growth, Uber motor vehicle crash rates may also increase. 

 

If you have been injured in an accident while driving or riding in an Uber, my law firm can help. 

 

Call today to get started with your case: (804) 251-1620 or (757) 810-5614.