Rideshare services have become a popular alternative for many people in Atlanta and throughout Georgia to travel. While they may be convenient for transportation, services like Uber present a unique and complex legal landscape for accident-related claims. Who can injured passengers and motorists hold responsible for an Uber driver’s car accident?
Georgia’s Comparative Negligence System
Georgia uses a modified comparative negligence system when determining fault in car accidents. This rule impacts who is held liable for injuries and how courts award damages to injured accident victims. More than one person can be responsible for an accident, and shared fault is a major component of this Georgia rule.
When more than one person is liable for an accident, the percentage of fault is divided accordingly. The legal damages any party receives are adjusted based on their portion of liability. For example, suppose you were found to be 15% at fault for your accident. If you were awarded $50,000 in damages, you would only receive $42,500 after 15% is subtracted.
The Rideshare Business Model
One of the most significant factors impacting the complexity of Uber car accident cases is the business model of rideshare companies. Drivers are not considered employees in Georgia, which means the company’s liability for the drivers’ actions is limited. Plus, an Uber driver car accident claim is affected by the status of the Uber driver, including:
- If the driver’s app was off
- If the app was on and the driver was waiting for a ride request
- If the driver was transporting someone or on the way to pick up a passenger
These three scenarios impact insurance coverage because there are varying levels of coverage for each situation.
Uber Insurance Coverage for Drivers
Uber does not provide coverage for drivers when they are offline. If you are in an accident with a rideshare driver who is not logged into the Uber app, their personal insurance coverage will be responsible. However, Uber does provide coverage when drivers are online and available to pick up passengers.
In Georgia, Uber’s driver insurance provides the coverage detailed below.
Drivers who have logged into the app but have not accepted a request:
- $50,000 for bodily injury per person
- $100,000 for bodily injury per accident
- $50,000 for property damage
Drivers who have logged into the app and have accepted a ride request:
- $1,000,000 per accident
What to do After an Accident Involving an Uber Driver
Because Uber’s insurance policies only cover drivers in certain circumstances, it’s important to know whether or not the driver was on duty at the time of the accident. This information will determine which insurance company will cover the damages. If you were an Uber passenger, then you already know the answer to this question. However, even if you don’t know the status of the driver when they caused the accident, there are some steps you can take following a crash that will be helpful to your injury claim.
- Seek medical attention: It’s important that you prioritize getting medical care immediately after an accident. Not all injuries are symptomatic right away, and not getting the appropriate treatment can cause symptoms to be exacerbated.
- Gather information: If it is safe to do so, you can take photos and write down the details of the accident. Is there a passenger in the Uber vehicle? Does the car have an Uber decal or sign displayed? Making notes about these things can help refresh your memory later when it’s time to file an accident claim.
Most of the steps after an Uber accident are similar to any other type of car crash, but injured drivers and passengers should pay special attention to the driver’s status at the time of the collision. This could make a significant difference in the outcome of an accident claim.
Uber Driver Car Accident Liability
In most cases, the driver of the vehicle is the responsible party. This is also true in an Uber driverless car accident. But who is liable in an Uber car accident if the driver is not? Holding the rideshare company responsible for the accident is challenging because of their business model and because passengers must agree to their terms and conditions before using the service.
Uber may be held responsible for accidents in limited circumstances, such as if the company:
- Failed to complete a background check on the driver
- Failed to check the driver’s driving history
- Ignored adverse results in background or history checks
Your Atlanta Car Accident Attorney
The added stress of determining fault and insurance coverage after an Uber car accident can make your injuries worse and derail your physical recovery. When you work with Flanagan Law, we handle the legal side of your accident so you can prioritize your health and well-being. Our clients’ recovery is our top priority. Schedule a free consultation with us today.
