As an Uber Driver, How Do I File a Personal Injury Claim for an Accident?

Being an Uber driver has many perks–such as being able to set your own work hours–and a handful of downsides, but it’s one way that workers in the “gig” economy can make money. While earning an income is great, there’s an inherent risk that comes with driving for so many hours and covering so many miles: the risk of a car accident.

If you are involved in a car accident as an Uber driver, you may be confused about how you file an insurance claim and who should be held responsible for paying for any damages you’ve incurred, such as property damage costs and medical expenses.

At the law office of Claim Your Justice, our Schaumburg personal injury attorney can help. Consider the following information about how to file a personal injury claim as an Uber driver, can call our law firm directly for more information or schedule your free consultation.

Types of Insurance Coverage Available in an Uber Crash 

The first thing that’s important to understand after being involved in an Uber crash is the various insurance coverage options that may apply and when each type of insurance kicks in. There are three sources of insurance coverage that are usually available in a crash involving an Uber vehicle–the insurance that’s maintained by Uber, the insurance that you as a driver maintain privately, and the liability insurance of the other party who’s involved in the crash.

• Insurance provided by Uber. Uber maintains insurance on the behalf of its drivers. However, the specific types of insurance maintained by Uber can vary by state. For example, in some states, Uber provides personal injury protection coverage, but not in all Here’s an overview of the types of insurance provided by Uber when the driver has the app on but has not yet picked up a rider:
• $50,000 in liability insurance for bodily injury caused to others in an accident for which the driver is at fault
• $100,000 in bodily injury liability insurance per accident (again, for injuries caused to others when the Uber driver is at fault)
• $25,000 in property damage liability coverage for an accident in which an Uber driver is at fault

As is clear from the above, none of these policies pay for injuries or damages to the driver in the event that the driver is at fault or the at-fault party does not have insurance or does not have enough insurance to pay for the driver’s damages. For rides when the driver has picked up a passenger and has the passenger in the vehicle, the following coverage types are offered:

• Third-party liability coverage of $1 million (pays for damages that you as the driver cause to others)
• Uninsured/underinsured bodily injury coverage in the event that the at-fault driver doesn’t have insurance
• Comprehensive and collision coverage if you maintain these policies on your own private insurance as well

You also have the option of purchasing additional insurance types from Uber, including disability payments coverage, medical expenses coverage, and survivor benefits coverage, which could help to protect you if you are involved in a crash, regardless of whether you’re at fault.

• Insurance maintained by you (the driver) privately. In addition to insurance provided by Uber, the insurance policy that you maintain privately may also kick in. Through your own policy, you likely have bodily injury liability coverage, property damage liability coverage, uninsured/underinsured coverage, and physical damage coverage. You may also have other optional insurance coverage, such as medical payments coverage, which pays for your injuries in a crash regardless of fault and therefore is a very important coverage type.
• The other party’s liability insurance. Finally, if the other driver was at fault for the crash, then you can file a claim against their liability insurance coverage, which is required in Illinois. If they do not have insurance or do not have enough insurance, only then could you file a claim against your uninsured/underinsured motorist policy/Uber’s provided policy.

Determining Fault After an Uber Accident

When you are injured in an accident as an Uber driver and are considering against which party to file a claim for damages, one important consideration is that of fault. This is because Illinois is an at-fault car insurance state, which means that drivers who cause accidents have to pay for them.

If you can’t prove the fault of the other driver, then you can’t file a claim against them and, what’s more, the uninsured/underinsured coverage that you maintain won’t be available. In fact, if you are found to be at fault for a crash, then the only coverage type that might apply is your medical payments coverage, which is optional.

In order to determine fault in an Uber car accident, a thorough investigation needs to be conducted. When you are at the scene of the accident, it will be important to gather as much evidence as you can, such as photos of the scene and the position of each vehicle, skid marks, damage to each vehicle, weather conditions, traffic lights, or traffic signs, etc. If there were any witnesses to the crash, getting their information is also essential, as they may need to provide a statement at a later date.

When fault is disputed, bringing in accident reconstruction experts and other professionals may be necessary. Remember, if you are found to be at fault, your ability to recover compensation for your injuries may be severely impaired. As such, if you believe that the other driver was to blame, you’ll need strong evidence in your favor. An attorney can help with this.

Filing a Personal Injury Claim As an Uber Driver 

If you are involved in a crash as an Uber driver, it will be important that you follow Uber’s reporting requirements to a T if you hope to file a personal injury claim against the company. In addition to calling the police, seeking medical care, and providing your own private car insurance company with notice of the accident, you need to do the following:

• Contact the police and paramedics immediately if you are in a crash
• Report the accident to Uber using the claims form
• Take clear photos of all four sides of your vehicle and send them to Uber (this is a requested requirement of the company)

Uber will reach out to others involved in the crash and conduct an investigation. However, you should not count on Uber to represent you and provide you with a settlement. Instead, you’ll need to work with a personal injury attorney to improve your chances of recovering the compensation award that you deserve.

How a Schaumburg Personal Injury Attorney Can Help

If you have been severely injured in a crash, determining who is liable for your damages can be difficult. What’s more, no insurance adjuster is going to want to offer you your full compensation award–the role of an insurance adjuster is to save the insurance company money. Chances are high that all insurance companies involved will find some way to deny liability and get away with not paying you. This can be extremely frustrating and confusing.

When you call a personal injury attorney in Schaumburg, your attorney can provide you with the representation and support that you both need and deserve. For example, your attorney can:

• Open an investigation into your case
• Hire experts who can prove fault and offer testimony on your behalf
• Determine all forms of insurance coverage that exists and which ones apply
• Identify the liable party
• Calculate the value of your damages, including compensation for both economic and non-economic losses
• Issue a demand letter against the responsible party/insurance company
• Fight back against claims from the insurance company that they should not be liable
• Review any settlement offers you are made
• Represent you in conversations with Uber or other parties, including insurance adjusters
• Negotiate a settlement offer
• Help you to understand claim filing deadlines and the personal injury statute of limitations in Illinois
• File a lawsuit and represent you in court

While hiring an attorney may feel unnecessary at first, the truth is that you have nothing to lose by working with an attorney and a lot to gain, especially if you have been seriously injured and your claim is highly valuable. An attorney who is familiar with Uber claims and the personal injury claims process can handle 100 percent of your claim while you focus on your recovery.

Call Our Schaumburg Personal Injury Lawyer Today Following a Crash As an Uber Driver

It might be nice to think that as an Uber driver, you’ll be provided for and taken care of in the event of a crash where you are actively driving for the company. Unfortunately, this probably won’t be the case. In order to improve your chances of recovering a settlement that you deserve after a crash where you’re an Uber driver, you should work with an experienced Schaumburg personal injury lawyer. Our personal injury lawyers at the office of Claim Your Justice can help you to file your personal injury claim and otherwise navigate the claims process. Call us today at 847-434-3555 for your free consultation. We work on a contingency fee basis.