Why is insurance important after a DC Uber accident? A negligent tortfeasor usually does not have sufficient assets to cover your damages. Thus, even if we sue the defendant who does not have insurance and win a $500,000 judgment, we will not likely be able to collect the judgment as the defendant does not have funds to cover it. Accordingly, making a claim through the defendant’s insurance company is often best. The law in these cases is precisely the same as if no insurance carrier was involved. The difference is that, under the insurance contract, the provider must defend the defendant in court and pay the judgment up to a given amount.
In almost any car accident case, our attorneys can often settle the case for our client. However, these settlements do not go through the defendant. Instead, we communicate directly with the defendant’s insurance provider, which is contracted to defend them via their auto insurance contract. However, in most circumstances, the insurance provider only provides coverage for what they contracted for. Only in minimal circumstances will the insurance provider have to pay you more than the defendant paid for on his insurance policy. This is an excess judgment and is something we will explore in more detail below.
But what if you are riding in an Uber, and the person who caused the accident is in the other car, and that car has no insurance? If you are on an active Uber ride during the accident, you can make a claim through Uber’s policy. And if you were in the vehicle but not on an active ride and your driver had his app turned off, you can make a claim under your auto insurance policy.
First, Uber’s insurance policy is only primary if the Uber driver is liable for the accident. Note that being liable is not the same thing as causing the accident. If it is deemed that your driver and another driver are equally liable, neither can make a claim against the other. However, they are both jointly and severally liable for your injuries. This is important because Uber’s insurance policy may be larger than other drivers. Thus, it is crucial to note that you, as a passenger, can recover against your driver.
It is important to note that Uber has changed its insurance policies in the past. Additionally, the policy in one jurisdiction might not be the same in another. Thus, you should always speak with an experienced DC Uber accident lawyer to discuss your options.
If you, whether a driver or a passenger, are in the car but the driver is offline when the accident occurs, Uber’s insurance policy will not apply. In other words, this is the equivalent of a regular ride, regardless of Uber. Accordingly, if you are the passenger, you can make an insurance claim against the adverse driver in the other car if he caused the accident. Or, you can make a claim against the driver of your vehicle. However, you must make that claim through their personal policy, not Uber’s.
If your driver is online and you are in the middle of a ride when the accident occurs, you have every reason to believe their insurance policy is active and will cover your injuries. Whether Uber’s policy is primary will depend on the facts of your case. A Gelb & Gelb attorney would happily discuss this with you.
When online and on a ride, Uber’s policy covers up to $50,000 per person and up to $100,000 per accident. In other words, if there is only one injured claimant, that person can claim up to $50,000 in damages but no more. For example, if your damages are $70,000, then Uber’s policy will only cover $50,000. However, if your damages are $35,000, Uber’s policy will cover the entire $35,000, but you will not be entitled to more. If several people are injured in the accident and your Uber driver is liable for all those injuries, Uber’s policy offers up to $100,000 in damages. Beyond that, claimants will have to use their underinsured coverage on their policies, which would be secondary if they did not cause the accident.
Drivers may also purchase optional personal injury protection (PIP), a form of no-fault coverage. Unfortunately, Washington, D.C., laws strongly discourage making a PIP claim and a bodily injury claim. If you have PIP or are interested in purchasing PIP, consider speaking with a knowledgeable attorney.
A claimant can only recover an excess judgment if the insurance company acts in bad faith. An excess judgment is a judgment that a plaintiff wins in court above the policy limits contracted for by the defendant. Most commonly, this occurs when the defendant’s insurance provider refuses to accept a reasonable settlement within the policy limits, causing the plaintiff to file suit. When this happens, if the judgment is for more than the policy limits, the insurer will be on the hook for more than the contract requires. There are other nuances to consider, but these are the basics you should know when considering challenges in Uber accident insurance claims.
A second challenge you may encounter with DC Uber accident insurance is if your Uber driver is partially liable for the accident, and so is another driver. Both parties are jointly and severally liable for your injuries when this happens. However, the insurance carrier may evaluate the facts and determine that the other driver is liable when it is both. This confusion may be enough for them to deny the claim despite their insured being liable. This is when the assistance of a skilled Uber accident attorney can move things along toward settlement. We will file a suit against both parties if we cannot settle your case.
Maximizing your insurance benefits can be done effectively with DC Uber accident insurance. For example, if your Uber driver causes an accident, you can make an insurance claim against your driver. But what if the Uber insurance does not cover your damages? The key is making an underinsured claim (UIM) under your policy. Unfortunately, DC Uber accident insurance does not carry enough protection as it once did at Uber’s inception. Thus, you must use your insurance if you have any to maximize your protection. If you use your insurance to make a UIM claim, your rates will not increase as you did not cause the accident.
But what if you do not have your car insurance? Many people riding Ubers do not. In this case, you may be able to use the insurance of a resident relative. This is an insurance term that refers to a family member who lives at the same place of residence as you. In this case, you can make an underinsured claim under their policy.
Have you been injured in an Uber accident? Speak with an experienced attorney to learn about DC Uber accident insurance and how to make a claim. Our team of attorneys has been handling claims in DC since 1954. We have handled over 10,000 personal injury cases in the region. Contact our office today for a free, no-obligation consultation.