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Hit By An Uber Driver: Who Do You File A Claim Against?

Best & Flatt, P.A. - Friday, December 14, 2018

The holiday season is officially here, which means more vehicles are on the road. More traffic means more car accidents. But what if the person who hits you is an Uber driver?

With so many ride-sharing companies on the road today, you may not know what to do or who to file a car accident claim against in the event that an Uber driver hits your car. Do you file against the company or the driver?

Who’s responsible for the car accident, Uber or the driver?

Your first instinct may be that Uber is responsible if their driver is held liable for a car accident. After all, the driver is driving under Uber’s name. But that’s not usually the case.

Uber ordinarily hires their drivers as independent contractors. This means that, although Uber may pay damages using the company’s insurance, their drivers are the ones normally held liable for causing personal injuries to other drivers.

How does Uber’s accident insurance work?

Uber drivers use their personal vehicles. They’re not always on the clock. If an Uber driver is negligent and causes an accident, but they weren’t logged into the Uber app, the driver relies on their personal insurance in the event of a lawsuit.

If the Uber driver is logged into the app, but they haven’t accepted a ride from a customer when they get into an accident, Uber’s accident insurance coverage usually doesn’t cover the damages.

Uber drivers who are logged into the app and have accepted a ride from a customer may receive additional liability coverage for third parties involved in the accident if the injuries or damages exceed the driver’s personal insurance.

However, no ride-sharing company is the same. Lyft or a smaller ride-sharing company may have a different accident insurance policy for its drivers.

Additionally, what may be true in one car accident lawsuit against a driver may not be true for others. A car accident attorney may be able to help you make the best choices possible for your situation.

Do you need an auto accident lawyer?

Compared to the national average, South Carolina has 62% more fatal car accidents. If you or a loved one have been hit by a car, the auto accident lawyers of Best and Flatt can help you file a claim to hold the liable party accountable.

Issues pertaining to employee or independent contractor, or which party’s insurance applies, can be very complicated and would need to be discussed in detail with your personal injury attorney.

To learn more or to schedule a consultation with a car accident lawyer, contact Best and Flatt today.

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