Just in case you are looking for a simple yes or no or this or that answer on this one, then this is the wrong question because there are so many complications and scenarios to this so the best and shortest answer you can get is, it’s complicated, or it depends.
Uber has made transportation very comfortable and easy too. You can hire a car in few minutes and you would be right on your way. Unfortunately, with so many cars everywhere, this means there are going to be more accidents with the Uber tags on it. Many people are beginning to wonder who they will be suing if by any chance they have an accident in an Uber ride or worse still people who have been in accidents in Uber rides want to know who to sue, the company or the driver. As earlier stated, it depends. Questions have been arising like, who is responsible for compensating the passenger and the customer, Uber or the driver? Or situations like if you are driving your car and an Uber vehicle hits yours, who is going to pay for the damages Uber or the driver?
It is possible that Uber could pay, it is possible that’s the driver could pay and there are even cases where both are liable to pay for the damages and you should also know that you can also lose the case. Uber has an insurance program of three parts for their drivers. So basically who pays for the damages depends on the exact situation. If you get in an accident involving Uber and you want to sue, you should get a good injury lawyer who will help you file a proper claim. Here are some scenarios to know who to sue
The Uber driver having is app off or off duty
In this case, the driver is not living as an Uber partner but as a person. Their app isn’t active and they are not working an active gate and if this is the case, they are not covered by the Uber driver-partner insurance. If this is the case, you will be suing the individual or you would be suing their personal auto insurance but this totally has nothing to do with Uber.
Uber app is on and Uber driving is actively awaiting a request
In this scenario, you would be suing Uber or you can sue the driver who is covered with the Uber contingent liability insurance and the driver’s personal auto insurance. If by any means the accident was caused by the driver the insurance covers things like repair and if very bad replacement of the property that was damaged as well as reimbursement for medical bills. Uber will cover whatever the individual insurance does not cover but this time with limitations. The contingent coverage offered by Uber includes
1 person at $50,000
$100,000 per accident for bodily injury
For accident and damage of property, $25,000
Uber app is on and the driver is actively on his way to pick up a passenger
In this scenario, Uber provided quite a lot of insurance coverage and this includes a $1,000,000 in Liability Coverage Per Accident, If there are any medical bills, they are sorted by this insurance. It also pays for the cost of the bills due to property damage. $1,000,000 in Uninsured/Underinsured Coverage
In this case, the drivers are usually uninsured or underinsured. It is also in play if the accident was caused by another driver and not the Uber driver himself. This insurances covers both the Uber driver and the passengers too. It is usually in play when the other driver isn’t found.
However, it is not as easy as above. Uber drivers are not employees but they are independent contractors and they sign a contract before the job which states that Uber will not take any responsibility for any passenger or pedestrian accident. It also has in its agreement that as a passenger you cannot hold Uber responsible for your loss on a trip. You see it is not as straight forward as you think.