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Uber Driver in a Crash? Who Pays for the Injuries?

new-york

June 7  

If you're an Uber or lift driver and you're involved in a car crash, it is natural to wonder whether your own insurance company would pay or whether Uber's insurance should pay.  

This is doubly true if you have been hurt in an Uber crash or if you are an Uber driver. Are you covered by Workers' Comp? Does your insurance pay for your car repairs, or does Uber's? What if you were injured in the crash? Who pays for your time lost driving and for your medical treatment?

This is even more complicated by the question of whether we are talking about paying for your damages and repairs to your car, or whether we are talking about paying someone else's car damage and money for personal injuries if someone else got hurt in the crash. This could be your passenger, or it could be another car or pedestrian who you may have had in your car -- either a family member or friend, or an Uber fare.

It's smart to ask these kinds of questions, and luckily, we have quite a bit of experience with rideshare companies and what their policies are, and how to handle injury cases involving Uber.

So here are some important questions to ask:


Did You Have a Uber or Lyft Passenger in Your Car or Truck at the Time of the Crash?

This is a big question. If you have a Uber or Lyft passenger in your car when the crash occurs, then it is very likely that the Uber or left rideshare insurance will cover the damages. That probably includes your property damage as well as any medical payments coverage, too.

IMPORTANT POINT

Medical Payments coverage (called "MedPay") is insurance coverage that only pays the amount of medical bills for injuries sustained in accident, but only for people who are in the car with the Medical Payments coverage.  It doesn't pay for things like pain and suffering, and some motor vehicle insurance polciies do not have any Medical Payments coverage.

Was the Uber or Lyft App "On" When the Crash Happened?

If you are driving your car for yourself and the app isn't on, then your own insurance probably applies if you are involved in a crash. For example, if you're driving to the grocery store or running a personal errand, your own personal insurance would be the insurance that would cover any loss or damage.

On the other hand, if you're in your car and the app is active, then that means you are either driving to a passenger, from a passenger, or are actively looking for a passenger to make money. That means Uber or Lyft also makes money.

Then, the rideshare services insurance would cover the loss or apply in case of a crash or a personal injury.


What About Workers Comp For Uber and Lyft Drivers?

Rideshare drivers, including those who drive for Uber and Lyft, are considered independent contractors.

Independent contractors don't have to be covered with Workers Compensation insurance according to Illinois law. If you are reading this from out of the state of Illinois, your state laws might vary. In some states, laws have been passed requiring Uber or Lyft to cover their drivers with various kinds of levels of insurance.  But in Illinois, rideshare companies are not required to cover their drivers with Workers Comp.


Get Legal Help After an Uber or Lyft Accident

If you’ve been injured while driving for Uber or Lyft, navigating the insurance complexities can be overwhelming. The Law Office of Scott D. DeSalvo has extensive experience handling rideshare accident cases and can help you understand your rights, whether it's determining coverage or pursuing compensation. 

We also handle medical malpractice, car accidents, nursing home abuse, and more.

Contact us today for a free, no-obligation consultation to discuss your case.

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