The idea of a taxi service has existed for some time. However, it took a fairly long time before such services emerged thanks to the evolution of technology. It’s thanks to apps such as Uber that this evolution was made possible and that made it more accessible for many more people. Uber has quickly emerged as a major competitor to taxi services, despite the fact that the company is relatively new. It’s no surprise that accidents involving Uber drivers around the globe happen on a daily basis nowadays. In one particular instance, the driver was charged with vehicular manslaughter after he hit a pedestrian and killed her. Soon thereafter, Uber was slapped with a lawsuit by the mother of the victim. An Uber representative said that the company is absolutely “horrified” by the accident, and they would like to cooperate with all officials in this matter. With all of the information available on ridesharing, who do you think is more liable for the accident? While it’s difficult to know who is liable for the accident, this article will shed light on the topic.
Who is Responsible in the Event of an Accident?
Uber and its drivers are contractually bound to a three-part test of liability when it comes to accidents. Essentially, Uber and its drivers can only be held liable for accidents if they :
(1) violated the law either through action or inaction,
(2) were personally responsible for the accident, or
(3) were acting in a grossly negligent or criminal manner.
While it’s unclear whether Uber or its drivers are responsible for an accident, the passenger is almost certainly not. If you were in a car accident and left with serious injuries, you need help. You should consider speaking with a ride-sharing lawyer about your rights. A popular question that’s been floating around the news lately involves the delicately nuanced relationship between Uber and personal vehicle accidents. Who is responsible when an Uber driver causes an accident? The answer is typically not cut and dry. There are a few exceptions to the general rule above. For instance, if an Uber car operates illegally, the driver is typically the only one who is responsible for the accident. However, if an Uber driver also breaks traffic laws and causes an accident, they might be considered equally responsible. In most cases, when you’re in a car accident, the person who caused the accident is liable for your damages. In a ridesharing accident, it’s not always black or white. In general, the person who caused the accident is liable for your damages. Assuming that this holds true in a ridesharing accident, is Uber or the driver responsible for the accident?
The Driver is Responsible
Uber is the answer most people want to hear. The conversation is typically a two-way street of blame. Supporters of Uber will say that Uber is a company that provides a valuable service to a widespread population that needs a ride. The company has a solid reputation for being safe and reliable. The company’s representatives will also typically say that all Uber drivers follow the company’s safety and other policies and should be financially liable for damages.
Uber is Responsible
Supporters of the drivers will say that the company should be liable because the driver was working within the company’s framework and the company should have done more to take responsibility for the accident. The company ought to have, at the very least, ensuring that both the driver and passenger had insurance. Rideshare accidents can cause passengers to incur higher billings because of the $1 surcharge the driver will incur for the accident, as well as additional trips that could be requested to get the passenger to their destination.
What can you do to make yourself safer when you have a rideshare accident?
It is as important as ever to protect your rights when you are involved in a rideshare accident. Ethical treatment by the rideshare companies, major insurance companies, and adjusters can be the difference between being made whole or eating the cost of repairs yourself. It is crucial to be represented by an attorney that has a reputation for ethical, honest, and fair treatment, as well as a reputation for being knowledgeable in rideshare accidents. Some simple precautions that you can take to be safer when you have a rideshare accident include calling 911, documenting the accident, being sure to get insurance information for all parties involved in the accident, being sure to get the policy numbers of the pertinent parties, have all parties sign a mutual release of liability and hold onto that document and taking pictures of all the cars and the damage. Another thing that you can do to make yourself safer is to file a police report as soon as the accident happens as this helps determine what party is at fault.
How Does Insurance Work for Uber Drivers?
Uber isn’t required to get insurance coverage and Uber can’t be held responsible for accidents. Almost all Uber drivers are required to purchase their own liability insurance coverage to protect themselves, their passengers, and other people who will be hurt by the driver’s negligence, which typically costs about $1,000 a year. Uber assesses a surcharge of about $0.80 per mile traveled by the driver. When the driver’s app is off, he or she is covered by their own personal auto insurance. Ridesharing services are still an evolving industry, so there are no clear-cut or consistent guidelines. Both Uber and its driver are responsible for any accidents. However, the driver’s personal insurance policy will have no effect on the company. It is also unclear how Uber will proceed if there are any lawsuits. The only clear answer to the question is that, according to Uber, it is not responsible for paying or covering any expenses for injuries or damages sustained during an Uber ride.
When an Uber Driver Causes an Accident, What is the Driver Liable for?
A driver needs to maintain control of his or her vehicle. They are liable for basic repairs for any damage caused by their vehicle, problem or not. When it comes to accidents, unless you have comprehensive insurance, you are liable for basic repairs, on top of the liability insurance. Uber drivers do not need to be insured to drive an Uber. This creates an area of concern for Uber drivers in the event of an accident. Due to Uber’s simplicity, the driver might not be able to go through the necessary steps to file for coverage, leading to worries about liability. If your Uber driver caused you injury there are a number of things that are factored into a liability claim. First is the extent of the injury. If someone is hurt, make sure the injuries require medical attention. The second thing is the type of accident. Uber drivers have higher liability protection if there was a side collision. Third, you have to prove that the accident took place because the driver did something they shouldn’t have while driving.
Major Concerns About Ridesharing
Ridesharing companies are convenient and offer low prices, but can also cause worries about liability in the event of an accident. There’s a lot of controversy over ridesharing, but what’s really going on behind the scenes? Several safety issues have been debated in the past few years, with the most recent being a potential involvement in a ride-sharing crash. Is Uber or the driver responsible for the ridesharing accident? The driver may be right, but it all depends on the scenario. Drivers are generally paid by their ridesharing companies, meaning that passengers can be liable for damages that occur during the ride. Although the ride is often cheaper than a traditional taxi, Uber, for example, does not provide critical coverage in the event of an accident.
Do you Feel Safe Using Uber?
Uber is usually cheaper but doesn’t have the same protection features that taxis do. Uber states that drivers are responsible for their own Uber accidents, not Uber. In the end, the driver is the employer of the vehicle and it is his responsibility to ensure that the vehicle is safe for all passengers. Ridesharing accidents are usually caused by the driver. Safety is the driver’s responsibility, but Uber is the company that’s often blamed for these mishaps. The whole idea of Uber is to provide a service and a product that is in demand to consumers. Without becoming biased we will leave it at that and allow you to arrive at your own conclusion.
Call us if you Need a Rideshare Accident Lawyer
Don’t let an accident ruin your life. If you’re affected by an accident that involves an Uber driver and doesn’t know what to do, contact Ivey Law Firm, or give us a call at 888-335-0015.