Uber Accident Claims

How Uber Accident Claims Differ From Standard Car Accidents

Uber accident claims aren’t handled like ordinary car crashes. As Uber drivers are classified as independent contractors, liability often depends on the driver’s app status at the time of the accident. Multiple insurance policies may overlap, and accident insurance companies may dispute responsibility. 

This makes the Uber claims process more complex, requiring clear evidence and legal guidance to secure fair compensation.

Aspect	Uber Accident Claims	Standard Car Accidents
Driver Classification	Independent contractor; Uber provides supplemental commercial insurance if app on.	Typically personal driver; covered under individual’s auto policy.
Insurance Coverage	Multi-tiered: personal policy, Uber’s contingent liability ($50K-$1M), excess policy up to $1M.	Single primary policy (e.g., $25K-$100K bodily injury limits).
App Status Impact	Coverage varies: full if en route/pickup; limited if app off; none if purely personal.	No app factor; standard personal use applies regardless.
Claims Complexity	Multiple insurers dispute (driver’s, Uber’s, passengers’); requires proof of status/logs.	Simpler; one main insurer, straightforward fault determination.
Compensation Potential	Higher limits possible via Uber policies; rideshare endorsement needed for max payout.	Limited to policy limits; no commercial backup unless commercial vehicle.
Legal Guidance Need	Often essential due to overlaps, denials; attorney helps access Uber data/GPS.	Helpful but less critical for routine claims.

Who Can Be Held Liable in an Uber Accident?

Several parties could be held liable for an Uber car accident.

This includes:

• The Uber driver: If an Uber driver acts negligently, causing an accident, they can be held liable. For example, if they speed, run the red lights/stop signs, drive distracted, drive under the influence of alcohol and other drugs, fail to yield, change lanes unsafely, or make an unsafe turn.
• The at-fault third-party driver: If another driver violates traffic laws, drives recklessly, or engages in any form of negligence, hitting the Uber you are in, they may be held liable for the collision.
• Uber (in limited circumstances): Although less common, Uber can be found liable for an accident. For instance, if it fails to adequately screen, train, or supervise its drivers. If our Uber accident law firm discovers your driver has a history of unsafe driving, or the accident was caused by a safety concern that was raised by drivers, but the company failed to solve it, we can help you hold Uber responsible.
  
  Uber may also be liable for an accident caused by a defect that could have been detected by regular maintenance policies, ensuring drivers operate vehicles maintained according to safety standards.

If the Uber driver is liable, the phase they are in at the time of the accident might affect their insurance coverage.

The phases are:

• App off: If an Uber accident occurs when the app is off, it will be treated like a regular crash with no Uber coverage. Accordingly, the injuries and damages that result from it should be covered by the driver’s personal auto insurance.
• App on, waiting for a ride request: If an accident happens during this phase, Uber’s automobile liability insurance will apply. This collision coverage provides $50,000 per person, $100,000 per accident for injuries, and $25,000 in property damage per accident.
• App on, en route to pick up a rider, or during a trip: Uber provides more extensive liability coverage in this phase with full commercial insurance, including $1 million for injuries and property damage to riders and third parties.

Knowing the driver’s app status is critical to determine which insurance carrier pays for medical bills, property damage, or lost income. Our Uber accident lawyer will help you fight for your rights, regardless of which phase the driver was in when you sustained an injury.

Understanding Uber’s Insurance Coverage for Passengers

You should be covered by Uber’s insurance policy when you sustain an injury in an accident that occurs during their driver’s active time on the platform. In a scenario where the driver’s personal auto insurance should cover you, but their policy has insufficient coverage, Uber’s contingent liability coverage should kick in. This type of insurance is used when the Uber driver is online and waiting for a passenger to book a ride.

If you are injured as a passenger in an Uber, which means the driver is in the third phase as discussed above, the company’s primary liability insurance should kick in. It covers at least $1 million in property damage and injuries in many jurisdictions. It’s crucial to understand Uber insurance coverage for passengers, as it helps you know the extent of financial protection available when you are involved in an accident, and to make informed decisions regarding your passenger injury claim.

In cases where a third-party driver causes an Uber accident, their insurance will be primarily responsible for covering injuries and damages. If the driver is uninsured or underinsured, Uber can cover your injuries and damages using the Uber uninsured motorist coverage. This coverage can apply when a driver is online waiting for a request, en route to pick up a passenger, and during a trip.

What To Do Immediately After an Uber Accident in Miami

So, what happens if your Uber gets in an accident? Here are the steps to take immediately after the crash:

• Ensure your safety and check for injuries. Check yourself for injuries and confirm that the driver and other passengers are safe.
• Call 911 to report the accident and get a police report. Reporting an Uber car accident ensures you get a police report, which will be vital in your case. Additionally, it’s a requirement to do so if the crash results in an injury, death, or significant property damage.
• Exchange information with the Uber driver and any other involved parties. These include names, phone numbers, addresses, insurance details, and vehicle information.
• Gather evidence at the scene. Take photos and videos of the accident scene, damage to the vehicles, the surroundings, and your injuries.
• Get contact information from any witnesses. You will reach out to them to get a written or recorded statement of what they saw, which can strengthen your claim.
• Seek immediate medical attention for any injuries. This ensures you receive treatment on time, preventing injuries from worsening.
• Report the accident to Uber through their app. Share details of what happened. Uber will get in touch with you after receiving the report. The company’s insurance adjusters will also contact you. It’s not recommended to speak with them without first consulting an attorney, as you may say something that can negatively impact your claim.

Common Injuries Sustained in Uber Accidents

The common injuries you can sustain in an Uber accident include:

• Whiplash and neck injuries: They occur when the head and neck are forcefully and rapidly moving backward and forward, especially in rear-end collisions.
• Back injuries: If the accident results in a sudden impact and force on your spine, you may sustain a back injury, such as a muscle strain, ligament sprain, herniated disc, or spinal fracture.
• Head injuries and concussions: You can sustain a head injury in an Uber accident if you hit your head on a hard object like the window.
• Broken bones and fractures: The impact of an accident can cause fractures in your ribs, arms, legs, pelvis, facial bones, and skull.
• Cuts and bruises: Impact from your seatbelt, glass from a broken window, or any other debris can result in cuts and bruises.
• Internal injuries: Blunt force trauma can cause an internal organ to bruise or tear. Internal bleeding is an example of an internal injury.
• Emotional trauma and PTSD: A car accident can lead to emotional and mental effects, such as emotional trauma and post-traumatic stress disorder (PTSD).

It’s critical to seek medical attention even if you seem to have minor injuries. You may have a hidden injury. For example, symptoms of internal bleeding can be delayed. It may take you hours to notice symptoms, especially if the bleeding is slow. By this time, the condition may have worsened. A doctor examining you immediately after an accident helps avoid such possibilities.

Seeking Compensation: What Damages Can You Recover?

When you file an Uber car accident claim, you can recover:

• Medical expenses: Past, present, and future medical bills, including ambulance fees, hospital stays, emergency room visits, treatment, medications, and transportation to and from follow-up appointments.
• Lost wages: Income lost when you had to miss work to recover.
• Lost earning capacity: An injury can make it impossible for you to return to the workforce or your career.
• Pain and suffering: You can receive Uber accident compensation for physical pain and emotional distress.
• Property damage: Costs of repairing or replacing your vehicle or any other damaged property.
• Other potential damages: Such as loss of enjoyment of life, mental anguish, and disfigurement.

Our law firm builds strong cases to maximize Uber passenger accident settlement amounts for our clients.

Challenges in Uber Insurance Claims

Claimants often face obstacles such as:

• Insurance companies minimizing payouts or offering lowball settlements.
• Disputes over the driver’s app status.
• Delays caused by the subrogation process between multiple insurance companies.
• Denials based on coverage exclusions or insufficient documentation.

An experienced Uber accident lawyer can negotiate aggressively and ensure you receive full compensation for medical bills, property damage, and emotional distress.

How Long Does an Uber Insurance Claim Take?

The duration of an Uber insurance claim depends on the complexity of the case:

• Simple claims with minor injuries may settle in 3–6 months.
• Complex claims involving multiple insurance policies or disputed liability can take 12–18 months or longer.

Tracking your claim through Uber’s Crash Center helps monitor progress, but legal representation ensures delays don’t prevent you from recovering damages.

Why Do You Need a Miami Uber Accident Lawyer?

Working with a Miami Uber accident lawyer is essential when fighting for your rights after being injured in an Uber accident. It can be difficult to deal with Uber’s insurance policies and potentially, the driver’s personal insurance. You need to understand the phase the driver was in when the accident happened, and how it affects your case. An experienced Miami rideshare accident lawyer can make this process more manageable for you.

Further, the insurance companies involved may use different tactics to minimize payouts. These include offering a quick, lowball settlement, or delaying the process to get you to accept the initial offer. An Uber accident lawyer can substantially protect you from such tricks.

Another reason to work with a lawyer is to gather adequate information. Your lawyer will work with various professionals to get as much information as possible to determine liability. They will use this information to negotiate a fair settlement with the respective insurer. Uber accident lawyers are skilled in negotiating to get a higher settlement for clients.

When to Sue After an Uber Accident

If insurance companies refuse to offer fair compensation, filing a personal injury lawsuit may be necessary. Your Uber accident attorney can take the case to court to get you what you deserve. You generally have two years from the date of the accident in Florida to file. Lawsuits make sense when:

• Liability is clear but insurers deny coverage.
• Settlement offers don’t cover medical bills, lost income, or emotional distress.
• The Uber driver or other drivers were uninsured or underinsured.

Understanding local laws is crucial when filing a car accident claim since laws differ in different jurisdictions. Our Uber accident law firm understands Florida law in-depth. We will ensure you know the local personal injury laws that apply to your case.

Lastly, with a Miami Uber accident lawyer handling your case, you can focus on recovery while we handle all legal aspects.

Uber’s Independent Contractor Model and Liability

Uber classifies its drivers as independent contractors, not employees. This complicates liability because Uber often argues it isn’t directly responsible for accidents. However, courts and attorneys can hold Uber accountable if negligence in driver screening, training, or vehicle safety contributed to the crash.

Uber Accident Statistics in Miami

Although the specific Uber accident statistics in Miami are not readily available, the city reports a concerning number of them, particularly with the high tourist volume and the significant presence of rideshare drivers.

At Bernstein & Maryanoff, Injury Attorneys, we are committed to helping those injured in Uber car accidents. We are dedicated to fighting for their rights.

Contact Bernstein & Maryanoff, Injury Attorneys, for a Free Consultation

If you are injured in an Uber accident in Miami, our attorneys will ensure you are well informed about your case and options. For more than three decades, we have helped our clients receive the compensation they deserve.

Call us today at 1 (954) 317-9643 for a free consultation.