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Being involved in an accident in Oklahoma with an Uber or rideshare driver can complicate the compensation process. Is the rideshare driver’s company responsible for the damages? Are rideshare drivers technically employees or independent contractors? And who should you file your insurance claim with?
Because these cases can be complex, working with a personal injury attorney in Oklahoma is crucial to navigating the compensation process successfully. Learn more about who is responsible for damages in an Uber accident.
Determining Liability in an Uber Accident
Before you can determine who to file a claim with, you and your injury claims attorney need to determine which driver or party was actually responsible for the accident.
Oklahoma is a comparative negligence state, which means that the insurance company can assign a percentage of fault to all parties involved in an accident. Insurance companies determine fault by examining the police report, reviewing photos or videos of the accident, and speaking with all parties involved.
If the insurance company finds the Uber or Lyft driver responsible for the accident, you will either need to file a claim through Uber or through the driver’s personal insurance policy. Your personal injury attorney in Oklahoma can help you understand where to file your claim.
When Is Uber Responsible for Accidents?
Uber offers liability insurance on behalf of its drivers in some cases. This is a relatively new development; previously, Uber did not assume any liability for accidents because its drivers were independent contractors, not W-2 employees.
However, Uber (and many other rideshare companies) now assume responsibility for accidents in the following cases:
- If the Uber driver causes an accident while transporting a passenger, Uber’s $1 million liability insurance applies.
- If the Uber driver was on their way to pick up a passenger when the accident occurred, Uber’s $1 million liability insurance also applies.
- If the Uber driver had their Uber app turned on and was waiting to accept a ride when the accident happened, Uber will cover up to $50,000 per person and $100,000 in medical bills for the accident.
In all of these cases, you would need to file a claim through Uber rather than through the driver’s personal auto insurance policy. You may have your compensation attorney contact the company directly.
When Is the Driver Responsible for Accidents?
The Uber driver would be personally responsible for an accident in other cases of negligence. For example, if the driver did not have their Uber app open at the time of the accident, they wouldn’t have been “on the clock” and cannot put the liability on their employer.
Uber drivers generally need to carry their own liability insurance to qualify for Uber’s driver policies. As a result, there’s a good chance the at-fault driver had insurance at the time of the accident that you can file a claim through. But in Oklahoma, drivers only need a minimum of $25,000 per person and $50,000 per accident.
If your accident was severe and the driver only had the minimum coverage, you may need to take legal action to seek additional compensation. Speak to qualified accident and injury legal counsel to learn your options for compensation.
Bryan Garrett PLLC: Your Personal Injury Litigation Professionals
Working with an experienced accident lawyer after an Uber or Lyft accident can help you hold the correct party financially responsible. At Bryan Garrett PLLC, we offer legal advocacy for injuries from Uber and other rideshare accidents. Call us at 405-369-7723 to request a free consultation with a personal injury attorney in Oklahoma.
