When you are involved in an accident with another driver, it’s relatively common knowledge that the at-fault driver’s insurance would be the one responsible for paying out a settlement to you, the victim. However, with the rise of rideshare apps, questions have arisen about who would actually be to blame in these situations and who would be responsible for the settlement.
If you are involved in an accident with an Uber driver or if you are a passenger in an Uber when the accident occurs, it would generally be Uber and their insurance policy that will cover the victims injured in the accident.
However, how much money the victim is awarded can depend on several things, such as the extent of their injuries, who was at fault, the amount of damages, and the rideshare company’s insurance policy limits.
Let’s take a closer look at these factors below to give you a better understanding of what a California Uber accident settlement would be worth. And if you have any further questions, don’t hesitate to reach out—a rideshare accident lawyer on our team can assist you.
Factors That Will Play a Role in Determining Your Uber Accident Settlement
Every case is unique when it comes to filing an accident claim. There is really no way to determine upfront how much money you will be awarded as there are many factors that can play a role in what your rideshare settlement is worth.
1. How Badly You Were Injured
Your injuries play a significant role in how much money you are owed after an accident occurs. This is why it’s so important to seek medical care as soon as possible, retain all medical documents pertaining to your injury and treatments, and keep track of how the injury has affected your life. This medical evidence will help show how badly your injuries are and how much they are affecting your ability to live your daily life, which in turn will help insurance companies or the court know how much compensation you deserve.
In most cases, the more severe the injuries, the higher the settlement amount. This is especially true if the injuries leave you partially or permanently impaired, as that can have even more of an effect on your life, such as limiting your mobility and activities and limiting your ability to work to earn an income. So always make sure you provide sufficient evidence to prove how badly you were injured after an accident.
When you file an injury claim after a rideshare accident, the damages you suffer will also affect how much your settlement is worth. These legal damages include:
- Medical expenses (i.e., costs for doctor visits, hospital stays, treatments, medications, physical therapy, counseling, or anything other healthcare-related expenses)
- Lost wages
- Reduced earning capacity, if the injuries limit your ability to return to work
- Physical pain and suffering
- Emotional or mental distress
- Property damage
- Loss of consortium
- Scarring and disfigurement, if the injury leaves you significantly scarred or impaired, such as burn scars or loss of a limb
Proving the extent of the damages you have suffered after an accident is not always easy. In many cases, insurance companies, especially those that work for large companies like Uber, will try to downplay your situation as much as they can so they can offer a reduced settlement.
This is why it’s so important to work with a rideshare accident lawyer who has experience handling these kinds of cases. They know what it takes to fight against big insurance companies and prove the extent of their client’s damages.
3. Uber Insurance Coverage
Uber, like most major companies, has an extensive insurance policy to cover their backs in case they find themselves in a legal situation, such as one of their drivers getting into an accident. However, their policy limits will depend on the specific situation.
If the Uber driver is en route to pick up a passenger, or if they already have a passenger in their car, Uber’s liability insurance will cover up to one million dollars if an accident occurs.
However, if the Uber driver is working but they are not en route to pick up a passenger and has no passengers in their vehicle, Uber’s liability coverage drops down and works as follows:
- $50,000 per person for bodily injury
- $100,000 per accident for bodily injury
- $25,000 for property damage
So, if you are a passenger in an Uber when the accident occurs, you will be covered by the one million dollar policy, meaning you could receive up to that limit. If you are another driver or even a pedestrian and you get injured in an accident involving an Uber, you will be covered by the lower liability limits listed above.
However, keep in mind that in some cases, Uber’s insurance policy will not apply, and it will instead be the Uber driver’s personal insurance coverage that will cover the injured victims. And Uber only requires their drivers to carry the state minimum, which is:
- $15,000 per person for bodily injury
- $30,000 per accident for bodily injury
- $5,000 for property damage
4. Who Was at Fault
Fault can also play a role in how much money you are awarded after an Uber accident. California is a pure comparative fault state. This means that if you are found to be partially at fault for causing the accident, your settlement will be reduced based on your percentage of fault.
For example, if damages are totaled and you are awarded a $200,000 settlement, but you are found to be 50% at fault, you will only recover $100,000 of the initial settlement amount.
This fault rule, however, generally only applies when you are not a passenger in an Uber. So if you were driving your vehicle and got into an accident with an Uber driver, the fault rule would apply. But if you are a passenger in an Uber, you are generally considered a passive victim and are not responsible for what happened to you.
We Handle Your Accident Claim So You Can Focus On Your Life
If you are involved in a rideshare accident, one of our California rideshare accident lawyers can assist you. California is the birthplace of rideshare apps. As such, our legal team has extensive experience handling these types of cases. We know what it takes to ensure our clients get the rideshare settlement they deserve.
At Sally Morin, we truly care about the people of California. Call us at 877-380-8852 or contact us online today for a free case evaluation with one of our Uber accident lawyers.