Whether you drive for a ridesharing app like Uber, Lyft, or Grab or for a food delivery service provider like Uber Eats, DoorDash, or Grubhub, there is no telling when you might meet with an accident. While you may have the right to seek compensation and file a lawsuit in both scenarios, your options are not the same. As a result, if you find yourself at the receiving end, seeking advice from an Uber accident lawyer might be in your best interest.
You’re an Uber Driver
Even though Uber drivers use their own vehicles for work, there is a good chance that their personal insurance policies do not provide cover for accidents that take place when they are on the job. If you speak with an Uber driver accident attorney, this is what you’ll get to hear about seeking compensation.
- Not logged in. If you meet with an accident before logging in or after logging out of the Uber app, Uber’s insurance policy does not apply, and you’ll have to rely on your personal insurance policy. However, if the accident involves another vehicle, you might be able to seek damages from its driver or the driver’s insurance company.
- Logged in and waiting for a ride. Uber indicates that its insurance takes effect the moment you log in to its app as a driver. Its third-party liability insurance offers $50,000 per person for bodily injury, $100,000 per accident for bodily injury, and $25,000 per accident for property damage.
- Accepted a ride. Once you accept a ride, Uber’s insurance policy provides $100,000 as third-party liability insurance; uninsured/underinsured motorist bodily injury and/or first-party injury protection coverage; and contingent comprehensive and collision coverage up to the actual cash value of your vehicle, with a $2,500 deductible.
What is Optional Injury Protection?
This optional insurance provides cover when you are logged into the Uber app. It offers earnings replacement of up to $500 per week, accident medical expenses of up to $1,000,000, and survivor benefits of up to $150,000.
Uber mentions that if you’re involved in an accident when on the job, there is no need to report it to your personal insurance company, and that you may report it to Uber instead. In addition, you may also consider discussing your case with an Uber driver accident lawyer.
In New York
Given that New York is a no-fault state, lawyers for Uber drivers can file claims for lost wages and medical expenses with their personal insurance companies, irrespective of who caused the accident. However, there are limitations surrounding the amount you may recover, so it’s best to seek legal advice at the onset. When drivers of other vehicles are responsible for accidents, it might be possible to file claims against their insurance companies to cover additional damages such as pain and suffering.
You’re an Uber Eats Driver
Consider this – you’re making a food delivery as an Uber Eats driver, when you enter a building, slip, fall, and injure yourself. However, unlike Uber ridesharing drivers, Uber Eats considers its drivers to be independent contractors. This means its commercial insurance policy does not automatically apply to accidents that take place when its drivers are delivering food.
Accidents When Driving
As an Uber Eats driver, you need to rely on your own personal auto insurance policy for coverage if you meet with an accident when driving. In this case, your insurance provider might need you to purchase a special rideshare endorsement that serves as an add-on to your original policy. Remember that your insurer might deny your claim if it does not know that you work as an Uber Eats driver. If an accident involves another vehicle, you might be able to hold its driver liable.
While Uber Eats lets you get supplemental insurance through some of its partners, this serves as excess coverage that kicks in only after your personal policy reaches its limits.
Premises Liability Still Applies
Uber Eats drivers can face different types of dangers when they enter someone’s property. Some of the most common injuries that delivery workers suffer include:
- Slip and fall. Slip and fall accidents usually take place because of wet floors, icy surfaces, or slippery substances. An injury can occur when you lose traction and fall.
- Trip and fall. Trip and fall accidents tend to occur because of obstacles, poor lighting, floor damage, or torn carpeting.
- Dog attacks. As a delivery worker, you might be the victim of an attack by an unrestrained or aggressive dog.
If you suffer injury when making a food delivery at someone’s premises, an Uber Eats accident attorney can help you determine if you may seek compensation for your damages. This is because when it comes to personal injury litigation, the law considers delivery workers invitees when they enter a property, be it a residence or a business.
The law surrounding premises liability puts the onus of maintaining a property upon the property’s owner or manager. This means they should check for potential hazards regularly, fix known hazards immediately, and notify visitors of all known hazards. Similarly, property owners should display visible signs informing visitors of the presence of dogs or secure them when they expect deliveries.
What to Do After an Accident?
If you are involved in an accident as an Uber or Uber Eats driver, follow a few simple steps to build a strong case.
- Get the required medical treatment and hold on to all the records because you might need them later.
- File a report with Uber/Uber Eats.
- Take pictures of the accident site and your injuries, ensuring that you capture every detail.
- Try to gather the names and phone numbers of as many witnesses as possible.
- Ask surveillance camera owners in the vicinity to retain the accident’s footage.
- Don’t give statements about the accident to the opposing party, insurance companies, or the media.
- Don’t share details of the accident on social media.
- Contact an Uber or Uber Eats accident lawyer.
Conclusion
Working as an Uber or Uber Eats driver might serve as a reliable source of income for many, but the job does come with its share of risks. After all, accidents can take place anywhere and at any time, be it behind the wheel or at someone’s property. Fortunately, an Uber accident lawyer knows how to handle these types of cases, and can guide you in the right direction if you plan to seek compensation for your damages.