There are a lot of frequently asked questions (FAQs) from drivers, passengers, and bystanders involved in an accident with an Uber driver in Colorado.
After reviewing our FAQ, if you have any other questions about a car accident with an Uber driver, contact the attorneys at accidentdenver.com. Our attorneys have represented drivers and passengers injured in accidents with Uber drivers in Colorado. Contact us today for a free consultation.
Who was at fault for the Uber accident?
Fault in a car accident is generally based on negligence. The negligent driver may be liable to the injury victim for damages caused by the driver's negligence. This is commonly shown through one driver violating traffic laws or failing to drive in a reasonably safe manner. For example, if one driver was speeding, running a red light, or driving while texting, that driver may be negligent per se because they were violating a traffic law.
What if the Uber driver may have been impaired at the time of the accident?
If an Uber driver may have been impaired at the time of the accident, make sure to contact the police to respond to the accident. If the police are not called, the driver could go on to get into another accident and cause additional harm. The police can also determine if the driver is impaired and, if necessary, make an arrest. An impaired driver may be negligent in causing the accident and a criminal conviction can be used as evidence to show the driver was impaired.
Was the Uber driver texting or distracted at the time of the accident?
The Uber driver may have been texting, mapping the route, or distracted by a phone or mobile device, which can increase the risk of an accident. If you suspect the driver may have been distracted, your attorney may be able to investigate phone records to determine what the driver was doing at the time of the accident and use this information in support of your case.
Should I get medical attention if I feel fine after a car accident?
If there is any chance of an injury, you should consider getting medical attention after an accident. Many injuries are not immediately obvious and may take hours or even days to develop. This includes head injuries, neck injuries, and back injuries. Getting immediate medical attention can help prevent additional injury or reduce the risk of permanent injury after an accident.
How does Uber insurance coverage work in an accident?
Uber insurance coverage depends on what the driver was doing at the time of the accident. There are three different coverage periods, based on:
- The driver has not turned on the app or is not actively looking for rides;
- The driver is actively looking for rides but a ride has not been accepted;
- The driver accepted the ride, is on the way to pick up the accepted ride, is picking up the rider, is transporting the rider, or is dropping off the rider and completing the ride.
When the driver has not turned on the app or is not looking for rides, the driver is covered by individual insurance coverage. Colorado laws require all drivers to have mandatory minimum coverage:
- $25,000 for bodily injury or death to any one person in an accident;
- $50,000 for bodily injury or death to all persons in any one accident; and
- $15,000 for property damage in any one accident.
Under Colorado's Transportation Network Companies (TNC) laws, Uber must provide coverage over the minimum individual liability. Once the TNC driver indicates they are available for a ride but has not yet accepted a ride request, Uber coverage must provide a minimum of:
- $50,000 for bodily injury or death to any one person in an accident; and
- $100,000 for bodily injury or death to all persons in any one accident
When the driver has accepted a ride, is on the way to pick up the rider, or has the rider in the vehicle, Uber's maximum coverage policy applies, with a limit of $1 million.
How do I report an Uber accident in Colorado?
Under Colorado law, drivers are required to report an accident that involves property damage or injury. If the police respond to a crash involving an Uber driver, the police will gather information at the scene and file an accident report. If the police did not respond to the accident, the driver should get information from the Uber driver and file an accident report online.
A driver's insurance policy generally requires policyholders to immediately report an accident. Drivers injured in an accident with an Uber driver should contact their insurance company to report the accident.
Drivers may also be asked to fill out Uber's incident form using the Uber app or online at help.uber.com. Uber will use the information submitted to contact you about the incident. However, before talking to Uber's insurance company or any other driver's insurance company, consider contacting an attorney first.
Should I contact a lawyer after an accident with an Uber driver?
There may be a number of problems that come up when handling an accident claim on your own. Uber's insurance company representative may try to get you to say something that they can use against you. If you have an attorney, you can tell Uber to talk to your lawyer.
The insurance company may also delay handling your claim, put off payment, or try and offer only a small portion of the damages you are owed. If you have an attorney, your lawyer can keep the pressure on to get your claim settled quickly, will negotiate to get the maximum compensation, and if necessary, take your case to court.
How long do I have to file a claim against the Uber driver?
The statute of limitations for most car accident injury claims in Colorado is three years. A driver, passenger, or bystanders generally has three years from the date of the accident to file a claim against Uber or the Uber driver. You should contact your Denver accident attorney as soon as possible after a crash to make sure your claim is filed on time.
How does Uber select, screen, and train drivers?
Others may be surprised to learn how little training or oversight Uber has for their drivers. Part of this is because the company wants to keep Uber drivers classified as independent contractors so they do not have to compensate them like “employees.” Generally, in order to drive for Uber, the driver has to:
- Pass a vehicle inspection,
- Show a valid license, registration, and vehicle insurance,
- Undergo a medical check-up, and
- Undergo a background check.
Denver Uber Accident Injury Lawyers
The attorneys at accidentdenver.com have successfully represented their clients who were involved in accidents caused by Uber drivers or other ride-share operators. Contact us today for a free consultation.