If you are injured in a car accident involving a rideshare service, a Las Vegas Uber accident attorney can help you navigate your legal claims. Unlike a standard vehicle, an Uber driver may have multiple forms of insurance coverage in place to pay someone injured by an Uber driver or while in a vehicle driven by an Uber driver. It can be difficult to understand how these insurance policies interact. Learn more about Uber accident claims below.
The Basics of Uber and Ridesharing
Although Nevada’s taxicab companies fought their entry into the Las Vegas market, ridesharing services (such as Uber and its primary rival, Lyft) became legal in 2015. Unlike a taxi cab, rideshare drivers drive their own personal vehicles, work on a freelance basis, and are not employees. Uber customers use an app to request a ride and pay their fares.
To drive for Uber, you must pass the company’s screening process. (Drivers must pass a background check and vehicle inspection.) It has been reported that thousands of Nevada drivers have been attracted to Uber’s flexible scheduling and have signed up as drivers.
Many customers find rideshare services to be a cost effective and easy way to get around Las Vegas. However, there are a few important things to note about Uber services in Las Vegas:
- The airport and most hotels have designated Uber pickup areas, and
- Increased “surge pricing” can be in effect day and night in Las Vegas (leading to higher fares).
Finally, accidents involving rideshare vehicles involve complex insurance coverage issues and often require the help of a skilled Las Vegas Uber attorney.
If I’m Hurt in an Uber Accident, Who Pays for My Injuries?
If you were a passenger, pedestrian, or another driver injured in an Uber accident, you may be entitled to compensation. Nevada’s car accident laws are fault-based — the at-fault driver’s insurance company must cover your injuries and losses.
When you are injured by a negligent Uber driver, multiple insurance policies may apply. This can lead to a lot of confusion. For example:
- The Uber driver must have his or her own personal car insurance policy,
- Uber provides $1 million in liability coverage for drivers for accidents and collisions, and
- Uber provides an additional $1 million in uninsured/underinsured motorist coverage.
Uber’s commercial insurance policies are significantly higher than Nevada’s minimum insurance requirements. This means that, if Uber’s policies apply, you have the ability to receive fair compensation for your medical bills, wage loss, and other damages.
However, not all accidents are covered by Uber’s insurance policies. Typically:
- If the driver is not logged into Uber’s system, only his or her personal insurance policy applies.
- If the Uber driver is logged in and is waiting for a ride request, his or her personal insurance policy is primarily responsible. However, Uber provides some excess insurance coverage.
- If the driver has a passenger in their vehicle or has accepted a ride request and is in route to a pickup, Uber’s $1 million insurance coverage policies apply.
Unfortunately, insurance companies frequently deny Uber-related claims filed on a personal auto insurance policy. (Most personal insurance policies do not cover a drivers commercial activities such as ridesharing.) And, Uber frequently disputes claims made by an individual injured by an Uber driver or while in an Uber vehicle. If you are injured in an Uber accident, it is probably in your best interest to hire a Las Vegas Uber accident attorney.
What If I’m Driving for Uber During the Accident?
As an Uber driver, you are not covered by Nevada workers’ compensation laws. Instead, you must file an accident claim with the proper insurance company. If another driver is responsible for your injuries, you may have a claim under his or her insurance company. If you caused the accident, the timing of the accident is important. Also, if you are:
- offline, file a claim with your personal insurance company.
- logged into Uber’s system and waiting for a request, your personal insurance policy is primarily responsible. Uber also provides some modest excess coverage in these cases.
- en route or have a passenger, Uber’s $1 million policies apply.
Additionally, Uber provides contingent collision coverage while you are en route or have a passenger.
It can be difficult to sort through the laws and rules governing competing insurance policies. Sometimes, you have to first file a claim with your personal insurance before Uber will accept any responsibility. And, you may feel pressured to file a personal claim rather than a commercial claim. If you need help understanding your rights, contact a Las Vegas Uber accident attorney.
What Should I Do If I Am Seriously Injured in an Uber Accident?
Evidence is an essential part of any car accident claim. This is especially true in Uber accidents, since you may have to battle with multiple insurance companies and their lawyers. It is in your best interest to:
- Contact law enforcement and file a police report,
- Seek immediate medical attention, if needed,
- Take pictures of the accident scene and your injuries, and
- Obtain the driver’s insurance information, including the Uber policy information and take a picture of their insurance card if possible.
- If you see an Uber logo in the driver’s window of a vehicle in the collision, ask them if they were “logged in” to Uber when the collision happened.
Many Uber accident claims also involve a detailed analysis of insurance policies, medical records, and other technical information. A skilled Las Vegas Uber accident attorney can help you build the strongest possible case for compensation.
Speak With a Las Vegas Uber Accident Attorney
Without the help of a Las Vegas Uber accident attorney, you may feel overwhelmed by the complexities of your personal injury claim. The Drummond Law Firm specializes in accident claims and will relentlessly seek fair compensation for your injuries. Contact us for a free consultation today.