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uber insurance claims

Whether you’re the driver or a passenger in an Uber accident, or if your car has been in an accident with an Uber driver, the process of filing an Uber insurance claim is no different from filing a claim with an insurance company.

Yet, the key thing to remember is be careful about what you report to Uber or the company handling the insurance claim. Insurance claims adjustors may seem to be on your side as they collect information from you. Behind the scenes, they are looking for ways to reduce liability and save money.

Therefore, before starting your claim, consult with a law firm that is familiar with rideshare accidents and Uber insurance claims. At Negretti & Associates, we have handled many Uber claims and are familiar with Uber’s claims-handling process.

We have prepared this list of answers to common questions as a way of highlighting the potential issues that may arise when filing Uber insurance claims.

How do I file a claim with Uber?

James River Insurance Company is the claims handling company for Uber. You can Visit JamesRiverIns.com for more information. New claims must be submitted in writing by mail, email, or fax.

Before initiating a claim with Uber, however, Negretti & Associates suggests that you contact us first. This is because insurance companies can use a variety of techniques to limit payouts.

Negretti & Associates can provide you with valuable advice that may end up saving you a lot of heartache later. We can help you avoid the potential for your answers to be used against you later.

If an Uber driver hit my car, and it’s the Uber driver’s fault, whose insurance covers the accident?

If you are in an accident with an Uber driver, the driver’s insurance and Uber’s insurance — or a combination of the two — should cover your damages.

There are varying levels of coverage provided to Uber drivers. Coverage depends upon the status of the driver at the time of the accident. Still, the driver’s personal insurance may apply. Uber may also be required to cover additional losses, depending on different factors.

If you get in an accident involving an Uber driver, contact Negretti & Associates first, and we’ll help unpack the details of your situation.

If I am the passenger in an accident, should I report the accident to Uber? Do I call Uber customer service?

Ultimately, a claim will need to be reported to Uber if you intend to pursue a claim against them. Remember, what you say and how you say it is important!

Contact Negretti & Associates before starting an Uber insurance claim. We will prepare you for that conversation. If you end up hiring us to represent you, we will contact Uber on your behalf.

I am an Uber driver. How and when does Uber insurance cover me?

Uber discusses its insurance program in the Help section of its website. The company provides varying levels of insurance coverage at different phases of a ride.

Uber’s automotive liability coverage “starts the instant you tap ‘go’ on the Uber app to wait for a ride request.”

As the driver waits for the ride request, Uber maintains automobile liability coverage to drivers on their behalf in amounts of at least:

  • $50,000 for the driver’s liability for bodily injury per person case of a covered accident.
  • $100,000 per covered accident.
  • $25,000 for property damage for which you are responsible for in a covered accident.

While the driver is traveling to pick up the rider, and while the passenger’s ride is in progress, Uber provides:

  • Third-party liability coverage: This encompasses bodily injuries or damages caused to riders, people in other vehicles, pedestrians, or property.
  • Uninsured or underinsured motorist bodily injury coverage: This insures driver and riders while a passenger trip is in progress, and another driver is at fault, but either does not have sufficient insurance coverage, or flees the scene of the accident (a “hit-and-run” accident).
  • Contingent comprehensive and collision coverage: Uber writes that this will “kick in” for a driver “as long as you maintain comprehensive and collision coverage on your personal auto insurance.” Uber states it will “provide physical damage coverage for your car up to its actual cash value, regardless of who is at fault.” For the coverage to apply, the driver must pay a deductible of $1,000.

Uber also tells drivers that, “If you’re in an accident during this time, you don’t need to file a claim with your personal auto policy. You can submit a claim directly from the Uber app or by contacting support.”

As an Uber driver, do I need to report my accident to Uber? Will Uber notify my insurance company of the accident?

If you are an Uber driver, you might have an affirmative duty to report your accident to Uber, pursuant to your agreement to drive for Uber. Yet, this doesn’t mean that you lose your rights.

It is possible that Uber will notify your insurance. With the advent of blockchain technology and smart contracts, insurance companies are investing in new, innovative ways to handle insurance claims processing. Regardless, we would not count on Uber notifying your insurance provider.

If you hire Negretti & Associates to handle your claim, we will put your insurance on notice of the claim that we have made against Uber. This is important because your insurance coverages may also apply in the event of an accident involving Uber.

The experienced accident lawyers at Negretti & Associates can help you successfully navigate your Uber insurance claim. Schedule a free consultation to discuss your situation and evaluate your case. Contact us online, call us at 1-833-827-3535, or send us a text.

rideshare accidents

Have you been in an accident involving a rideshare company such as Uber or Lyft?  Were you the passenger? Were you in the other vehicle? What if the driver was on his way to pickup a passenger? Is there insurance coverage in these situations? It depends.

As millions of people use rideshare companies to get around, there is a lack of understanding of what happens and the potential issues arise when being injured due to a rideshare accident involving a driver from a rideshare company. Rideshare companies such as Uber and Lyft have transformed the public transportation industry.  Riders love the low cost, the convenience, the choices (luxury vehicle, SUV, fuel efficient vehicle), the overall friendly service and ability to rate their drivers.

When ridesharing companies first started about ten years ago, it was common practice for their drivers to use the driver’s own personal insurance policies for accident coverage. The problem with this practice was that most personal insurance policies did not cover the driver or their passenger(s) if the driver was operating the vehicle for commercial use. This left the victims of these accidents without a source of recovery.

As more serious accident began to occur, such as the death of a California woman while riding in a Lyft vehicle outside of Sacramento in 2014; rideshare companies and their drivers began to be more closely scrutinized by the public. The conversation about who was ultimately responsible for coverage (the driver or the rideshare company) forced changes in the industry.

Ridesharing companies such as Uber and Lyft now provide their drivers with a $1 million dollar liability policy in the event of an accident. This means that the driver and their passenger(s) may be covered for damages. However, it is not that black and white. The coverage still depends on a variety of factors.

Both Uber and Lyft cover their drivers with a three-part insurance plan, which states:

  1. Driver Mode Off: If the rideshare driver is not driving for Uber or Lyft at the time of the accident, their personal insurance policy will provide liability coverage for accidents caused by the driver. This means the $1 million dollar policy does not apply.

Many insurance companies now offer specific coverage for rideshare. However, it is up to the rideshare driver to look into their personal insurance and add rideshare coverage to their  policy. If the driver fails to do so, they could be personally liable if they are involved in an accident.

  1. Driver Mode On Without a Passenger: If the rideshare driver has the driver mode on and is waiting for a ride request when they are involved in an accident, the driver is covered under both Uber and Lyft’s contingent liability coverage. The contingent liability coverage is used in the event the driver’s personal insurance does not provide coverage or does not provide enough coverage. Lyft’s contingent liability coverage is $50,000.00 per person or $100,000.00 maximum per accident and $30,000.00 for property damage.

However, some states, including California, have created legislation (Assembly Bill 2293) to mandate a higher excess liability coverage when accidents occur during this phase of a rideshare driver’s employment. In 2015, California mandated that third-party liability insurance covering the costs of injury, death, and property damage must be at least $200,000.000.

Additionally, the law clarifies that driver’s personal insurance can no longer cover this time period. It must be covered by the rideshare company.  The new regulations have been put into place to prevent ridesharing companies from claiming their insurance policies should not kick in because drivers have personal coverage.

  1. Driver Mode On With a Passenger: If the rideshare driver has the driver mode on and is driving a passenger at the time of the accident, the driver and the passenger are generally covered by the ridesharing company’s liability coverage. Both Uber and Lyft have $1 million dollar liability coverage policies as well as $1million dollars in uninsured and underinsured coverage.

Rideshare accidents may be complicated, involve multiple insurance companies and need expert investigators.

If you have been involved in an accident involving a rideshare company it is important to contact an attorney at Negretti & Associates for a free consultation.