You have been using Uber and never thought about what to do if you are in a wreck. Who do you recover from? What if the Uber driver is at fault? What if there is not enough insurance to cover my claim? If you have any of these questions and more, continue reading.
What are my options as a passenger in an Uber?
If you are a passenger in an Uber, you potentially have four insurance policies that may be available to you. Depending on the circumstances. Let me go through a few of them for you here.
First, Uber requires its drivers to carry a $50,000/$100,000 auto insurance policy. This means that if you are hit by an Uber driver or the Uber driver was negligent in your case, you can collect up to $50,000 from them for personal injuries or $100,000 per wreck if there is more than one claimant (for example, 2 passengers = up to $50,000 each). Uber also carries a $1,000,000 insurance policy for the passengers only. However, this is secondary to whatever other insurance is available first.
Let's use the example that you were hit by a drunk driver in Dallas. You decided to be smart and take an Uber home after a night out with friends in Downtown Dallas. On the way home, you are stopped at a red light sitting in the back of an Uber and all of a sudden a drunk driver smashes into the back of you. Now what?
Any time a drunk driver hits you and has insurance you can collect insurance from their auto policy. You may or may not have a dramshop claim, which is where you can recover from the bar or restaurant that overserved the driver.
In this example, your Uber driver didn't do anything wrong so their individual insurance. Then, Uber's passenger auto policy kicks in. If that is exhausted, which it would be on a traumatic brain injury or wrongful death case for example, then you may have a claim on your auto policy for under insured. That is an elective coverage and hopefully you read my other information on the site to purchase it. If you want to learn more about uninsured/underinsured auto coverage, give us a call.
Do I need a lawyer for cases involving Uber?
This is a simple example to help you understand all your options. There are always exceptions and alternatives. When there are several insurance policies in play, I encourage you to reach out to a trial lawyer with experience navigating these waters. You wouldn't want a surgeon to perform a complex surgery on you when they have never done one before. The same goes for a trial lawyer.
What if the Uber driver is at fault?
If the Uber driver is at fault, then you can have a claim against the driver's $50,000 policy, which is a minimum requirement by Uber. Then, you look at the other available insurance options.
If you have any questions about what to do when you are involved in a wreck in Dallas county as a passenger in an Uber, give us a call at our North Texas office 214-888-2216 or send us an email. We are here for you.
What other free resources can I review?
If this was helpful for your Dallas, Midland or Houston case, request my free book called The Essential Guide For Your Texas Injury Case. Use it as a resource to help you understand a the process of a personal injury claim in Texas. In it, you will find sections on how to find the best lawyer for your injury case and the 7 most common defense tactics by insurance companies in cases like these.