Uber Driver In A Car Accident -- Who Pays?
If you're on 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 insurance? What if you 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 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 a 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 hanlde 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.
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 Statstes, 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.
Unfortunately, that means that Uber and Lyft drivers who get hurt while "on the clock" are usually not going to be covered under Worker's Compensation laws or insurance.
It might be a good idea for Uber and lift drivers to think about buying their own workers compensation insurance policies to cover them in case they are hurt while driving for Uber or are injured while driving for Lyft.
I hope this article helps you navigate the confusing waters of what happens if you're involved in a crash while driving for Uber or Lyft.
If you've been hurt in an accident, please give me a call for a free consultation at 312-500-4500 . The call and the consultation are free.
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