Uber has become a popular mode of transportation in West Virginia. In case of an accident, passengers may wonder who might be held responsible. Uber drivers are hired as independent contractors, so in most cases, the company will not be held responsible. Uber does carry a $1 million policy to cover damages in case the at-fault driver’s insurance is insufficient to compensate plaintiffs for their losses.
After an accident, Uber passengers should call 911 and gather as much information as possible, including photos of the wreck and the names and contact information of any witnesses. Information such as the driver’s name and the ride information should be saved as well. This will be important later on, especially if the driver who caused the accident denies that he or she was at fault.
Anyone who has been involved in an auto accident with an Uber driver may consider a lawsuit against the negligent driver as well as Uber and their insurance company. The at-fault driver’s insurance policy will be applied to any medical bills and other damages first. If this does not fully cover the damages, Uber’s underinsured motorist policy may cover the rest. If an Uber driver who caused the accident did not have a passenger at the time or was off duty, Uber’s policy may not cover the accident, although some states have enacted legislation requiring a ride-sharing company’s insurance to cover damages whether the driver has a passenger or not.
A person who has been injured in an accident with an Uber car may wish to consult an attorney as soon as possible. An attorney may be able to help clients preserve evidence by sending out letters requesting that any evidence such as traffic camera videos and ride-sharing company be saved pending litigation. An attorney may also be able to help clients prove that they were not at fault for an accident as well as the extent of their damages.