New York UBER Accident Attorney
More and more people are becoming UBER drivers as more and more people subscribe and use UBER each day. Uber vehicles are privately owned and maintained by their drivers. Have you ever used UBER to go somewhere? What if your UBER driver gets into an accident while you’re in the car? Here is some general information you should know about UBER drivers.
NYC Requirements for UBER Drivers
- TLC Plates. If you look carefully, all UBER drivers have license plates that begin with a “T” and end in “C” (e.g. T123456C). That means they are licensed and governed by the NYC Taxi and Limousine Commission (TLC). This city agency regulates yellow, green, black Lincoln, UBER, and Lyft cabs, and limousines (among other vehicles). TLC has specific requirements in addition to applicable New York law, which all UBER drivers must follow.
- Liability Insurance Policies. In New York, all private vehicles must have liability insurance at a minimum of $25,000 per person / $50,000 per accident. UBER drivers must have for-hire insurance with limits of $100,000 per person / $300,000 per accident to be licensed under TLC.
UBER drivers are not considered “employees” of UBER. Rather, they have been considered independent contractors.
What If There’s an Accident?
If you’re a passenger of an UBER driver and that driver due to his or her own fault gets into an accident, your monetary recover will generally be limited to that driver’s insurance coverage, which is required to be least $100,000. Because UBER drivers are considered “partners” rather than “employees,” drivers operating – supposedly – alone without the control and supervision of UBER (the company).
- If your injuries are minor, then the driver’s insurance limits may be sufficient to cover your entire compensation. This means that the UBER driver (and his/her insurance company) will compensate you for your injuries, not UBER (the company).
THE SITUATION GETS TRICKIER UNDER THE FOLLOWING SCENARIO
- If the injuries were severe (perhaps deadly), the driver’s insurance will only cover up to $100,000. See the problem: Where do you get the rest of your compensation if greater than $100,000? Some would say that UBER (the company) is responsible.
- Whether UBER (the company) is responsible depends on whether UBER driver(s) are employees or independent contractors. Usually, a company (employer) pays for accidents caused by its employees while on the job. A company (employer), however, is not usually responsible for accidents caused by independent contractors.
- So if UBER thinks of its drivers as independent contractors, it may relieve itself from liability altogether when facing a serious accident with serious injuries. This situation would leave you with inadequate compensation.
- UBER have claimed that they insure their drivers in addition to such drivers’ private insurance. Whether UBER’s insurance applies will depend on such policies’ language and the type of the accident, which should be left for an attorney to analyze.
With the proliferation of UBER transportation, this issue will evolve to some definite rule of law. Questions concerning accidents occurring during the use of cell phones or texting of UBER drivers while driving in the course of their job and vis-à-vis the responsibility of UBER will come to a head as such legal cases are processed through our court system and a just solution is fashioned.
The following has now evolved and implemented with regard to insurance coverage protection in the event of an accident (per UBER):
If the UBER App on:
While you’re waiting for a request
While you’re online with Uber before you accept a request, you are covered by our insurance policy for your liability to a third party if you are in an accident when you’re at fault. A third party is someone or something other than yourself or your vehicle, and coverage includes your liability to pay another driver’s or another person’s medical bills or to pay for property damage (like a damaged fence). Coverage is at least $50,000 in injury liability per person with $100,000 in total liability per accident and $25,000 in property damage liability per accident. We maintain this automobile liability insurance on your behalf, if you do not maintain applicable insurance of at least these amounts.
If another person is at fault, you may make a claim against their insurance. Your personal insurance policy may also cover you in this situation. Please check your personal coverage for more information.
Request accepted:
On your way to pick up a rider
While you drive to pick up a rider but before they get into your car, you are covered by our insurance policy for three things: 1) your liability to a third party, 2) any injuries due to an uninsured or underinsured motorist, and 3) collision and comprehensive coverage if you already have such coverage on your personal insurance.
Third party liability coverage
This insurance covers your liability for damages to any third party such as another driver, pedestrian, or property in case of an accident when you’re at fault. The coverage amount is at least $1 million of total liability coverage.
Uninsured or underinsured motorist bodily injury coverage
This insurance covers any occupant of your vehicle in case of an accident where another party is at fault, but does not have insurance or is underinsured. This also covers hit and run accidents where the at-fault party cannot be identified. The coverage amount is $1 million of total coverage for bodily injury.
Contingent collision and comprehensive coverage
This insurance covers your vehicle in case of an accident whether it was your fault or not, as long as you maintain auto insurance that includes collision coverage for that vehicle while not on an Uber trip. The coverage amount is up to the actual cash value of your vehicle. There is a $1,000 deductible.
On trip:
While a rider is in your car
When a rider is in your car, you have the same coverage as you do on your way to pick them up, plus the rider in your car is covered. You are covered by our insurance policy for three things: 1) your liability to a third party, 2) any injuries due to an uninsured or underinsured motorist, and 3) collision and comprehensive coverage if you already have such coverage on your personal insurance.
Third party liability coverage
This insurance covers your liability for damages to any third party such as the rider(s) in your vehicle, another driver, pedestrian, or property in case of an accident when you’re at fault. The coverage amount is at least $1 million of total liability coverage.
Uninsured or underinsured motorist bodily injury coverage
This insurance covers any occupant of your vehicle in case of an accident where another party is at fault but does not have insurance or is underinsured. This also covers hit and run accidents where the at-fault party can not be identified. The coverage amount is $1 million of total coverage for bodily injury.
Contingent collision and comprehensive coverage
This insurance covers your vehicle in case of an accident whether it was your fault or not, as long as you maintain auto insurance that includes collision coverage for that vehicle while not on an Uber trip. The coverage amount is up to the actual cash value of your vehicle. There is a $1,000 deductible.
Offline:
When driving your car for personal use
Since you are not driving on the Uber platform during this period, you are not covered by our insurance policy for driver-partners. Any accidents that occur in your car while not driving with Uber are covered by the personal auto insurance coverage that you purchase on your own.
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