Uber Accident Attorneys in Baltimore, Maryland

As Uber continues to be a popular choice for transportation in Maryland, it's crucial to understand the legalities surrounding Uber accidents. If you’re involved in an accident while using Uber, whether as a passenger, driver, or another motorist, the entire situation can be quite complicated. Traversing these waters can be overwhelming, but having a clear understanding of your rights and responsibilities is key.

Understanding Uber’s Insurance Coverage

One of the most important things to know about Uber accidents is how Uber’s insurance coverage works. Unlike traditional car accidents, where the at-fault driver’s insurance is primarily responsible for covering damages, Uber’s insurance policies are more complicated due to the nature of ride-sharing services.

Uber’s insurance coverage is divided into three distinct periods.

Period 1: The App Is On, but No Ride Has Been Accepted

During this period, if an Uber driver is involved in an accident, Uber provides limited liability coverage. This coverage is contingent on the driver’s personal insurance policy being insufficient. In Maryland, the liability coverage limits for this period are $50,000 per person for bodily injury, $100,000 per accident for bodily injury, and $25,000 for property damage.

Period 2: The Driver Has Accepted a Ride but Hasn't Picked Up the Passenger

Once a driver accepts a ride, Uber’s insurance coverage increases significantly. During this period, Uber provides a $1 million liability insurance policy, which covers damages to third parties.

Period 3: The Passenger's in the Car

The moment the passenger is in the car, Uber’s insurance coverage is at its highest. This coverage includes $1 million in liability insurance and $1 million in uninsured/underinsured motorist coverage. Additionally, Uber provides comprehensive and collision coverage, but only if the driver has such coverage on their personal insurance policy.

Understanding these periods is crucial for anyone involved in an Uber accident, as the coverage and legal responsibilities vary significantly depending on when the accident occurs.

Liability in Uber Accidents

Determining liability in Uber accidents can be more complicated than in traditional car accidents due to the involvement of multiple parties and insurance policies. Here’s what you need to know:

• Driver’s Liability: If an Uber driver is at fault for the accident, the insurance coverage provided by Uber will generally be responsible for covering damages. However, the driver may still face personal liability depending on the circumstances of the accident.

• Uber’s Liability: Uber itself is typically not held liable for accidents involving its drivers because drivers are considered independent contractors rather than employees. However, there are exceptions where Uber could be held liable, such as in cases of negligence in background checks or if the company was aware of a driver’s unsafe behavior.

• Third-Party Liability: If another driver is at fault for the accident, their insurance will generally be responsible for covering damages. However, if that driver is uninsured or underinsured, Uber’s uninsured/underinsured motorist coverage may come into play.

In any case, establishing liability in Uber accidents requires a thorough investigation and often involves complicated negotiations with multiple insurance companies. This is why it’s crucial to consult with an experienced attorney who understands the nuances of car accidents involving ride-sharing services.

Steps to Take After an Uber Accident

If you find yourself involved in an Uber accident in Maryland, there are several important steps you should take to protect your rights and make sure you receive fair compensation:

1. Confirm Safety and Seek Medical Attention: The first priority after any accident is to confirm the safety of everyone involved. Check for injuries and call 911 if necessary. Even if you don’t feel injured, it’s important to seek medical attention as some injuries may not be immediately apparent.

2. Report the Accident: If you’re a passenger or driver involved in an Uber accident, report the incident to Uber through the app. Additionally, contact local law enforcement to report the accident and make sure a police report is filed. This report will be a crucial piece of evidence in any subsequent legal proceedings.

3. Document the Scene: Gather as much information as possible at the scene of the accident. Take photos of the vehicles, any visible injuries, and the surrounding area. Exchange contact and insurance information with the other parties involved and collect contact information for any witnesses.

4. Contact an Attorney: Given the challenges of Uber accidents and the multiple parties and insurance policies involved, it’s essential to consult with an experienced car accidents attorney as soon as possible. An attorney can help you traverse the legal process, negotiate with insurance companies, and make sure you receive the compensation you deserve.

5. Notify Your Insurance Company: Even if Uber’s insurance is primarily responsible for covering damages, you should still notify your personal insurance company of the accident. Failure to do so could result in your policy being voided or claims being denied.

Common Challenges in Uber Accident Claims

While Uber’s insurance policies provide significant coverage, obtaining fair compensation after an accident can still be challenging. Here are some common issues you may encounter:

• Disputes Over Coverage Periods: Determining which period of Uber’s insurance coverage applies can be contentious. Insurance companies may attempt to deny coverage by arguing that the driver wasn't actively engaged in the Uber app at the time of the accident.

• Independent Contractor Status: Uber’s classification of its drivers as independent contractors rather than employees can complicate liability claims. This classification often limits Uber’s liability and can make it more challenging to hold the company accountable for the actions of its drivers.

• Comparative Negligence: Maryland follows a contributory negligence rule, meaning that if you're found to be even 1% at fault for the accident, you may be barred from recovering any compensation. Insurance companies may use this rule to minimize or deny claims, making it essential to have a skilled attorney who can effectively counter these arguments.

• Delayed or Denied Claims: Insurance companies, including those representing Uber, may delay or deny claims in an attempt to minimize payouts. They may argue that the accident wasn’t covered under Uber’s policy or that the injuries aren’t as severe as claimed. An attorney can help you challenge these denials and negotiate a fair settlement.

Filing a Lawsuit After an Uber Accident

In some cases, negotiating with insurance companies may not result in a fair settlement, and filing a lawsuit may be necessary. If you’re considering filing a lawsuit after an Uber accident in Maryland, here are a few things to keep in mind:

• Statute of Limitations: In Maryland, the statute of limitations for personal injury claims, including those arising from car accidents, is generally three years from the date of the accident. This means you have three years to file a lawsuit, or you may lose your right to seek compensation.

• Proving Negligence: To win a lawsuit, you’ll need to prove that the Uber driver, another driver, or Uber itself was negligent and that this negligence caused your injuries. This typically involves gathering evidence, such as police reports, witness statements, medical records, and expert testimony.

• Potential Damages: If your lawsuit is successful, you may be entitled to various types of compensation, including medical expenses, lost wages, pain and suffering, and property damage. In some cases, you may also be awarded punitive damages if the at-fault party’s conduct was particularly egregious.

• Settlement vs. Trial: Many personal injury cases, including those involving car accidents, are settled out of court. However, if a fair settlement can't be reached, your case may go to trial. An experienced attorney will be prepared to represent you in court and fight for the compensation you deserve.

The Role of Insurance Companies

Handling insurance after an Uber accident can be challenging, as multiple insurance companies may be involved. Understanding how these companies operate and what to expect can help you prepare for the process:

• Uber’s Insurance: As mentioned earlier, Uber provides insurance coverage for its drivers and passengers. However, Uber’s insurance company will still work to minimize payouts and may dispute coverage or the extent of your injuries. Having an attorney who understands how to deal with Uber’s insurance is crucial.

• Your Insurance: Even though Uber’s insurance may be primarily responsible, your personal insurance company will still play a role in the process. Depending on your coverage, your insurer may be involved in covering medical expenses, property damage, or other losses. It’s important to understand your policy and how it interacts with Uber’s coverage.

• Other Drivers’ Insurance: If another driver was involved in the accident and is found to be at fault, their insurance company will be responsible for covering damages. However, if that driver is uninsured or underinsured, Uber’s uninsured/underinsured motorist coverage may come into play.

Contact a Car Accident Attorney

Car accidents involving Uber in Maryland can be complicated due to the involvement of multiple parties, insurance policies, and varying coverage periods. Understanding the legalities of these accidents is crucial for anyone who uses Uber or other ride-sharing services.

If you find yourself involved in an Uber accident, taking the right steps and seeking legal counsel can make all the difference in protecting your rights and securing the compensation you deserve. Whether you’re a passenger, driver, or another motorist, knowing the intricacies of Uber’s insurance and the law in Maryland can help you traverse the aftermath of an accident more effectively. Remember, having a strong understanding of the law and a competent attorney by your side can greatly increase your chances of a favorable outcome.

If you're looking for an attorney who can assist you in these situations, reach out to Attorney E. Gregory Watson. A graduate of Morehouse College and Howard University School of Law, he has over 22 years of experience representing Maryland residents in various litigation matters. Watson is a member of the Maryland State Bar Association and is experienced in personal injury cases. Baltimore Accident Center proudly aids throughout Baltimore, Maryland in areas such as Pigtown, Fells Point, Canton, Bayview, Belair-Edison, Govans, Roland Park, Central Park Heights, Mondawmin, Charles Village, and West Baltimore.