Ridesharing services like Uber have become a popular transportation option in Georgia. However, accidents involving such ridesharing vehicles can raise complex legal questions. regarding. This blog post will explore the issue of liability in Uber accidents and why it’s a good idea to consult with an Atlanta Uber crash lawyer for your case.
Georgia’s Fault System and Ridesharing Accidents
Georgia is an “at-fault” state, meaning the party whose negligence caused the accident is financially liable for resulting damages.
Under the law, Georgia residents are required to carry auto insurance. However, some people still drive without it. If an uninsured driver causes an accident with an Uber, the injured party may have to rely on their own uninsured/underinsured motorist (UM/UIM) coverage to compensate for the damages.
Uber Driver at Fault
If the Uber driver’s negligence (distracted driving, speeding, etc.) caused the accident, they are the primary liable party. Their personal insurance policy would likely cover damages, with Uber’s commercial insurance acting as secondary coverage depending on the accident stage.
Other Driver at Fault
If another driver caused the accident by violating traffic laws or driving recklessly, their insurance would be responsible for covering damages to the Uber, passengers, and any other involved parties.
Uber’s Insurance Coverage
Uber maintains commercial insurance policies for its drivers, but coverage varies depending on the app’s status when the accident occurs:
Period 1: App Off Duty
If the driver is logged off the app and using the vehicle for personal reasons, their personal insurance is primary.
Period 2: App Online, No Passenger
During this period, the driver is actively seeking a ride request. Uber’s contingent insurance policy of $50,000 per person (up to $100,000 total) for bodily injury and $25,000 for property damage becomes primary. The Official Code of Georgia Annotated § 40-9-67 mandates that rideshare companies like Uber maintain minimum insurance coverage for their drivers.
Period 3: Passenger on Board
Once a passenger is accepted and the trip has begun, Uber’s commercial insurance policy provides significantly higher coverage: $1 million per accident for third-party liability (injuries/damages to people and property outside the Uber) and $1 million underinsured/uninsured motorist coverage (protecting passengers if the at-fault driver has inadequate insurance). OCGA § 33-7-11 defines the duties of care expected from drivers on Georgia’s roadways.
What to Do After an Uber Accident in Georgia
If you’re involved in an Uber accident, here are some crucial steps to take:
- Seek Medical Attention: Ensure everyone involved receives necessary medical care, regardless of the severity of their injuries.
- Report the Accident: File a police report to document the incident.
- Gather Evidence: Collect names and contact information of everyone involved, including witnesses. Take pictures of the damage to vehicles and the accident scene.
- Contact Your Insurance Company: Notify your insurance company about the accident as soon as possible.
- Consult an Attorney: An experienced personal injury lawyer specializing in Uber accidents can advise you on your legal rights and help navigate the complexities of insurance claims.
How an Attorney Can Assist
Being a passenger in an Uber accident can be a frightening and confusing experience. It may be complicated legally due to the fact that both the driver and the ridesharing company are partly liable for the accident. Below are some ways through which lawyers may help:
Determining Liability in Uber Accidents
Lawyers could look into where the accident happened, peruse police files and get statements from witnesses so as to determine who should bear responsibility. This is important because it will ensure that your claim goes against the right person or entity (Uber driver’s insurance, other driver’s insurance, or Uber’s commercial insurance).
Maximizing Compensation
Medical bills, lost wages, and pain and suffering can add up quickly after an accident. An attorney can assess the full scope of your damages and fight to ensure you receive fair compensation for all your losses. They understand Georgia’s personal injury laws and can negotiate aggressively with insurance companies on your behalf.
Understanding Insurance Coverage
Uber’s staged insurance policy can be confusing. An attorney can navigate the complexities of their coverage and ensure you receive the maximum benefits available under your situation (Period 2 or Period 3 coverage as explained earlier).
Reach Out to an Atlanta Uber Crash Lawyer Right Away
Understanding liability in Uber accidents requires careful consideration of the specific circumstances. Georgia’s “at-fault” system and Uber’s staged insurance coverage play a significant role in determining who is responsible for damages.
If you’ve been injured in an Uber accident, don’t hesitate to contact The Weinstein Law Firm for a free consultation. Our experienced legal team can help you understand your options and fight for the compensation you deserve. Contact us at 770-HELP-NOW.
