# Accident while Uber on and passenger in the car



## F1a2tt3 (Apr 2, 2018)

Hey guys I had accident the other day. I was driving Uber and I had a passenger at the moment of the accident. 
The other vehicle ran the red light while I had the right to go. I hit him and rotated and got hit on both of my legs. The passenger was ok, but no ambulance was called. I did go to the hospital to check my legs and they told me since it’s improving let’s wait for two to see if it’s getting worse. No further medical attention yet. 
Uber knows cause the passenger told them, and I gave them info they were asking about the incident. 
My personal insurance is denying me cause they said I was working with Uber. 
Now I have the evidence that the other vehicle was at fault, and they called me to tell me to tell my insurance to pay for my medical bills. My car is damaged in the front and was towed by the city. 
Now is the other guy insurance going to pay for the time that I’m waiting for my car to be fixed, and the medical bills as well? 
Is Uber liable in this case since I had a passenger at the time of the accident? Can I ask Uber for some repair as well? 
Thanks


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## Older Chauffeur (Oct 16, 2014)

You should be going after the other driver's insurance if you have proof he was at fault, for all your costs/losses, whether for injuries, vehicle damage or income replacement. Is there a police report stating the other driver was at fault? If so, it's on his insurer. Don't sign off on your medical until you're sure you have no lasting injuries. You are probably within your rights to take your vehicle to a repair shop of your choice. (I don't know the law in your state.)
If you go through Uber's insurance, (not sure if they will take the claim) you may have to pay $1000 up front for their deductible, and hope to get it back when they collect from the other insurance company. That would not be my first choice.
If I understand correctly, Uber's liability doesn't extend to you, but rather is for your pax and third parties in cases where the fault lies with their own driver. So you're on your own for medical in those cases.
If you read through the threads (maybe search "accident") you'll find similar situations as yours.
Good luck.


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## F1a2tt3 (Apr 2, 2018)

Older Chauffeur said:


> You should be going after the other driver's insurance if you have proof he was at fault, for all your costs/losses, whether for injuries, vehicle damage or income replacement. Is there a police report stating the other driver was at fault? If so, it's on his insurer. Don't sign off on your medical until you're sure you have no lasting injuries. You are probably within your rights to take your vehicle to a repair shop of your choice. (I don't know the law in your state.)
> If you go through Uber's insurance, (not sure if they will take the claim) you may have to pay $1000 up front for their deductible, and hope to get it back when they collect from the other insurance company. That would not be my first choice.
> If I understand correctly, Uber's liability doesn't extend to you, but rather is for your pax and third parties in cases where the fault lies with their own driver. So you're on your own for medical in those cases.
> If you read through the threads (maybe search "accident") you'll find similar situations as yours.
> Good luck.


Thanks for replying.
There was a police report and the other guy's insurance was calling me and they went to see the car in the towing company to check it out. I do have the proof that it was his fault and I'm sure the police gave him ticket. Am I going to ask the other guy's insurance for income replacement right away? They did ask me whether I was doing Uber and I didn't answer to that question. Is that bad? Right now I don't have car to move around should I ask them as well to provide me a rental car? I live in ND. Uber also called me I mean the insurance that works with Uber and they wanted my consent to remove my car from the towing service cause they said "it costs money every day" I said that I needed some time to think about options. 
Yes I think you're right about this stupid deductible of $1,000.00


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## Older Chauffeur (Oct 16, 2014)

I think you should deal with the other guys insurance, as long as they are being cooperative. Tell JR insurance thanks but you are working with the other insurance company. 
Yes, tell them you need a rental car (can't use it for Uber, IIRC) and that you will expect earnings replacement. I don't see why you wouldn't answer the Uber question. You do want them to make up for your lost income, right? 
If you don't know of a good repair shop, get some recommendations from friends and tell the other guy's insurance to have it taken there. They should be willing to get moving on your repairs if they are paying storage at the tow yard and also paying you lost earnings. Be prepared to show them your daily/weekly gross income from Uber.
Go to the body shop once your car is there and go over the estimate with them and the adjuster. Is it a major insurance company?


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## F1a2tt3 (Apr 2, 2018)

Older Chauffeur said:


> I think you should deal with the other guys insurance, as long as they are being cooperative. Tell JR insurance thanks but you are working with the other insurance company.
> Yes, tell them you need a rental car (can't use it for Uber, IIRC) and that you will expect earnings replacement. I don't see why you wouldn't answer the Uber question. You do want them to make up for your lost income, right?
> If you don't know of a good repair shop, get some recommendations from friends and tell the other guy's insurance to have it taken there. They should be willing to get moving on your repairs if they are paying storage at the tow yard and also paying you lost earnings. Be prepared to show them your daily/weekly gross income from Uber.
> Go to the body shop once your car is there and go over the estimate with them and the adjuster. Is it a major insurance company?


Yes, I'll tell JR to back down. I'll also tell them about the Uber job as well. The insurance company is Nodak mutual insurance


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## BigJohn (Jan 27, 2016)

1) Be prepared to have your personal auto insurance company cancel you policy and deny any benefits for this claim. You were driving for Uber in direct violation of your personal auto insurance policy unless you had a rideshare rider added on.

2) IF and only IF you had a rideshare rider added onto your personal auto insurance policy, let them handle everything.

3) IF you did not have a rideshare rider added onto your personal auto insurance policy, you will have to do everything. Make sure you write everything down and do research. Do not answer any more questions to ANYONE or talk to ANYONE on the phone, only in writing.

4) DO NOT IN ANYWAY allow the other party (including his/her/insurance) take control of your vehicle. If they want to inspect it fine, but ONLY with yourself or your insurance or a member of the auto body shop present.


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## HotUberMess (Feb 25, 2018)

In an accident, many times the other driver lies to their insurance and their insurance tries to get you to pay. James River will act on your behalf and force them to pay. Do not “call them off”. They represent you until the claim is settled.


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## jester121 (Sep 6, 2016)

5) always listen to the first stranger on the internet who offers advice, and do exactly what they say. Clearly they have your best interests in mind!


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## F1a2tt3 (Apr 2, 2018)

BigJohn said:


> 1) Be prepared to have your personal auto insurance company cancel you policy and deny any benefits for this claim. You were driving for Uber in direct violation of your personal auto insurance policy unless you had a rideshare rider added on.
> 
> 2) IF and only IF you had a rideshare rider added onto your personal auto insurance policy, let them handle everything.
> 
> ...


Thanks for your reply.
The other guy's insurance called me and offered me less money than the market value of the car. I still haven't ask them for car rental and lost wages. How long does the rental car last? Should I take the market value of the car?



HotUberMess said:


> In an accident, many times the other driver lies to their insurance and their insurance tries to get you to pay. James River will act on your behalf and force them to pay. Do not "call them off". They represent you until the claim is settled.


Ok I still have JR in the game. I want to negotiate more the market value of my car rather than taking the amount they are offering me. Is that ok? Also how does the rental car last if they give it to me?



jester121 said:


> 5) always listen to the first stranger on the internet who offers advice, and do exactly what they say. Clearly they have your best interests in mind!


Thanks. Copy that.


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## BigJohn (Jan 27, 2016)

If the other insurance is going to write off the car and pay you for what ever agreed upon amount, I doubt they will pay for car rental. You can ask but even if they agree, it should only be something reasonable like 5-7 days.

As for the value of the car, use Kelly BB website and I think Edmonds has a tool on the website also to calculate the actual value of the car, but remember that they as well as you know the car was used for commercial purposes, so the actual value will be less that normally seen market value.


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## Older Chauffeur (Oct 16, 2014)

F1a2tt3 , are you saying your car is totaled? If it is, and you want to keep the car, will the money they are offering fix the car? (You would then have a salvage title. State laws may very. I think I've read that Uber doesn't allow salvage titled cars.) If you're going to let it go, ask how they arrived at their figure, and can you buy a similar car in like condition and mileage for that price. You could also ask JR what they are willing to do. If it was a non-Uber accident, your own insurance company would be acting on your behalf. Maybe JR will step in and negotiate a better offer.
My daughter had a car totaled and was given three weeks rental. Both she and the at fault driver were insured by the same company.
You can always drop the name of an attorney. In fact, some attorneys will meet with you for a brief consultation at no charge to determine if you need a lawyer.
In your earlier post you wrote that someone told you to tell your insurance company to pay your medical bills. Who said that? Nodak Mutual is responsible for your medical bills. I don't believe JR has you covered for medical, so unless you have private coverage or have employer supplied insurance, you are on your own. If you do have insurance, they will recover eventually from Nodak.


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## F1a2tt3 (Apr 2, 2018)

BigJohn said:


> If the other insurance is going to write off the car and pay you for what ever agreed upon amount, I doubt they will pay for car rental. You can ask but even if they agree, it should only be something reasonable like 5-7 days.
> 
> As for the value of the car, use Kelly BB website and I think Edmonds has a tool on the website also to calculate the actual value of the car, but remember that they as well as you know the car was used for commercial purposes, so the actual value will be less that normally seen market value.


Thanks for replying.
Can I ask the insurance at fault to give me a little bit more money + the car, so I can have JR repair it and I pay the $1,000 deductible? I know in ND the law says that my insurance has to pay $150/week for lost wages, do you think I can ask JR and the insurance at fault for lost wages? You make sense for the rental



Older Chauffeur said:


> F1a2tt3 , are you saying your car is totaled? If it is, and you want to keep the car, will the money they are offering fix the car? (You would then have a salvage title. State laws may very. I think I've read that Uber doesn't allow salvage titled cars.) If you're going to let it go, ask how they arrived at their figure, and can you buy a similar car in like condition and mileage for that price. You could also ask JR what they are willing to do. If it was a non-Uber accident, your own insurance company would be acting on your behalf. Maybe JR will step in and negotiate a better offer.
> My daughter had a car totaled and was given three weeks rental. Both she and the at fault driver were insured by the same company.
> You can always drop the name of an attorney. In fact, some attorneys will meet with you for a brief consultation at no charge to determine if you need a lawyer.
> In your earlier post you wrote that someone told you to tell your insurance company to pay your medical bills. Who said that? Nodak Mutual is responsible for your medical bills. I don't believe JR has you covered for medical, so unless you have private coverage or have employer supplied insurance, you are on your own. If you do have insurance, they will recover eventually from Nodak.


If I take the money and the car then can I ask JR to repair it still? I was driving Uber on and had passenger at the moment of the accident. The Nodak Mutual told me to tell my insurance to pay for medical bills. In ND your insurance has to pay for your medical bills.


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## HotUberMess (Feb 25, 2018)

F1a2tt3 said:


> Thanks for replying.
> Can I ask the insurance at fault to give me a little bit more money + the car, so I can have JR repair it and I pay the $1,000 deductible? I know in ND the law says that my insurance has to pay $150/week for lost wages, do you think I can ask JR and the insurance at fault for lost wages? You make sense for the rental
> 
> If I take the money and the car then can I ask JR to repair it still? I was driving Uber on and had passenger at the moment of the accident. The Nodak Mutual told me to tell my insurance to pay for medical bills. In ND your insurance has to pay for your medical bills.


James River is not paying you. JR is not repairing your car. All they do is call the OTHER insurance company and make sure they don't try to claim it's your fault and JR has to pay.

If you want more money for your car you may have to sue the other company.

When I was in an accident, the other company took forever to settle, like over a month. So I got the idea to put the car in my friend's dad's junkyard, claiming my apartment complex would not allow it to be stored there. My friend's dad started charging the insurance company $30 per day storage fee and voilá suddenly they were eager to hurry up and make the payout.

These companies are all a bunch of money grubbers; you have to fight for everything.


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## F1a2tt3 (Apr 2, 2018)

HotUberMess said:


> James River is not paying you. JR is not repairing your car. All they do is call the OTHER insurance company and make sure they don't try to claim it's your fault and JR has to pay.
> 
> If you want more money for your car you may have to sue the other company.
> 
> ...


I did claim both JR and the other guy's insurance, but I'm still weighing which one to pick. Now I was checking to see if I can win it all like taking the money from the at fault insurance + my car( if they agree) and then claim for JR as well. Or it's not possible to do that?


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## HotUberMess (Feb 25, 2018)

F1a2tt3 said:


> I did claim both JR and the other guy's insurance, but I'm still weighing which one to pick. Now I was checking to see if I can win it all like taking the money from the at fault insurance + my car( if they agree) and then claim for JR as well. Or it's not possible to do that?


Ok listen.. you don't get to pick lmao

The other guy is at fault, HIS insurance will pay and James River will do everything they can to prove the other company is the company that needs to pay.

I am starting to wonder if we're being trolled LOL


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## Older Chauffeur (Oct 16, 2014)

F1a2tt3 said:


> I did claim both JR and the other guy's insurance, but I'm still weighing which one to pick. Now I was checking to see if I can win it all like taking the money from the at fault insurance + my car( if they agree) and then claim for JR as well. Or it's not possible to do that?


I don't think you can collect from both insurers like that. Re the medical coverage, your own company has already denied coverage due to you using the car for hire, right? Does that law mean they have to pay your medical bills?


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## F1a2tt3 (Apr 2, 2018)

HotUberMess said:


> Ok listen.. you don't get to pick lmao
> 
> The other guy is at fault, HIS insurance will pay and James River will do everything they can to prove the other company is the company that needs to pay.
> 
> I am starting to wonder if we're being trolled LOL


Dude I'm a driver. I have never been to a accident before. This is new to me. Why are you saying this a troll? This is real here.



Older Chauffeur said:


> I don't think you can collect from both insurers like that. Re the medical coverage, your own company has already denied coverage due to you using the car for hire, right? Does that law mean they have to pay your medical bills?


Yes, they are sending me a letter of denial. Yes, the law in ND says that my insurance has to pay. But I don't what if I was driving Uber though.


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## Older Chauffeur (Oct 16, 2014)

F1a2tt3 said:


> Dude I'm a driver. I have never been to a accident before. This is new to me. Why are you saying this a troll? This is real here.
> 
> Yes, they are sending me a letter of denial. Yes, the law in ND says that my insurance has to pay. But I don't what if I was driving Uber though.


Well, you live in a no fault state, and that means your own insurance pays for your medical and lost earnings due to an accident. Since your insurance company is denying coverage because you were in violation of the policy terms, I think you may be out of luck on those issues, unless they make that apply to JR. Hopefully you don't have any serious or permanent injury.
This is an example of how many rideshare drivers are operating without adequate insurance, relying on Uber/Lyft to cover them. The million dollar coverage sounds great until you find out it isn't for you. I hope you will get covered by a company that has a hybrid policy or rider/endorsement in the near future.


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## F1a2tt3 (Apr 2, 2018)

Older Chauffeur said:


> Well, you live in a no fault state, and that means your own insurance pays for your medical and lost earnings due to an accident. Since your insurance company is denying coverage because you were in violation of the policy terms, I think you may be out of luck on those issues, unless they make that apply to JR. Hopefully you don't have any serious or permanent injury.
> This is an example of how many rideshare drivers are operating without adequate insurance, relying on Uber/Lyft to cover them. The million dollar coverage sounds great until you find out it isn't for you. I hope you will get covered by a company that has a hybrid policy or rider/endorsement in the near future.


Yeah this accident made me realize that Uber really sucks. We are all in and giving service to many people, but basically they let you down.


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## HotUberMess (Feb 25, 2018)

Man sorry this happened to you.. accidents suck big time but to have to go through your first accident with Uber is the ultimate in suck. At least you’re ok.

Do you have anyone to help you navigate this? If you have a mechanic friend, they’ll know what to do.


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## F1a2tt3 (Apr 2, 2018)

HotUberMess said:


> Man sorry this happened to you.. accidents suck big time but to have to go through your first accident with Uber is the ultimate in suck. At least you're ok.
> 
> Do you have anyone to help you navigate this? If you have a mechanic friend, they'll know what to do.


Yeah people are telling me to negotiate with the other insurance for the money they will give. I know if they have to repair it they will pay more, but I'll try to not go above the market value of the car. Then they would own the car and I'll have to find another one. I'm so f**king tired.


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## Rex8976 (Nov 11, 2014)

If you carried commercial insurance, your insurance company would have paid for the damage or replacement, minus deductible.

It would then go after the at fault company for the full monty. Upon prevailing, you would then get a check for the deductible.

James River/Uber are a sham. Or is it a scam.

Oh, wait! I hear the cries of, "Commercial insurance is too expensive!"

That's right, it is. Just like everything else associated with transportation.


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## F1a2tt3 (Apr 2, 2018)

Rex8976 said:


> If you carried commercial insurance, your insurance company would have paid for the damage or replacement, minus deductible.
> 
> It would then go after the at fault company for the full monty. Upon prevailing, you would then get a check for the deductible.
> 
> ...


I'm really thinking about ending my work with Uber.


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## BigJohn (Jan 27, 2016)

F1a2tt3 said:


> Yeah this accident made me realize that Uber really sucks. We are all in and giving service to many people, but basically they let you down.


No, in this case, it is the fault of the driver deciding to do work under Uber and not fully reading everything. This is the fault of the driver for never taking the time to read the actual personal auto insurance policy you are paying for. This is the fault of the driver not fully reading the insurance that Uber provides.



F1a2tt3 said:


> Thanks for replying.
> Can I ask the insurance at fault to give me a little bit more money + the car, so I can have JR repair it and I pay the $1,000 deductible?
> 
> If I take the money and the car then can I ask JR to repair it still? .


That would be called double dipping and is illegal, immoral and unethical.



Rex8976 said:


> James River/Uber are a sham. Or is it a scam.


I completely disagree. The insurance information is clearly spelled out before a person starts driving for Uber. They just don't bother to read all of the required information, including their very own personal auto insurance policy.



Rex8976 said:


> Oh, wait! I hear the cries of, "Commercial insurance is too expensive!"
> 
> That's right, it is. Just like everything else associated with transportation.


What most people fail to realize and understand is that as an Uber driver, you are transporting another human being, and as such you are directly responsible for their safety.

There are many problems with how Uber works. But by far the biggest problem is that 95% of the drivers do not take their responsibility seriously. Yes, Uber should be proactive and REQUIRE a driver to have a commercial auto insurance policy or at the very least a rideshare rider. That would eliminate 50% of the drivers right there, which would help the remaining drivers bottom line.



F1a2tt3 said:


> I'm so f**king tired.


You accepted all of this responsibility when you started driving for Uber. That right there is a primary problem. Everyone wants to make what they see as easy money. But transporting other people is an enormous responsibility.


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## Older Chauffeur (Oct 16, 2014)

F1a2tt3 said:


> I'm really thinking about ending my work with Uber.


If you have other opportunities, such as a part time job, you would probably be better off. But if you decide to continue, please do as I suggested earlier and get properly covered for ridesharing.


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## F1a2tt3 (Apr 2, 2018)

Older Chauffeur said:


> If you have other opportunities, such as a part time job, you would probably be better off. But if you decide to continue, please do as I suggested earlier and get properly covered for ridesharing.


Uber sucks big time. I'm disgusted. Uber doesn't deserve our sacrifices.


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## SBG921 (Apr 7, 2018)

F1a2tt3 said:


> Thanks for replying.
> There was a police report and the other guy's insurance was calling me and they went to see the car in the towing company to check it out. I do have the proof that it was his fault and I'm sure the police gave him ticket. Am I going to ask the other guy's insurance for income replacement right away? They did ask me whether I was doing Uber and I didn't answer to that question. Is that bad? Right now I don't have car to move around should I ask them as well to provide me a rental car? I live in ND. Uber also called me I mean the insurance that works with Uber and they wanted my consent to remove my car from the towing service cause they said "it costs money every day" I said that I needed some time to think about options.
> Yes I think you're right about this stupid deductible of $1,000.00


My suggestion would be to contact a lawyer referral service, if one is available in your state. In California you can call them and get a thirty minute discussion with an attorney in that field of expertise. It won't cost you anything and you can get your questions answered for free. If it's available, I would use all my resources before making a decision that might cost you.


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## ntcindetroit (Mar 23, 2017)

Well, the op did not say what coverage he had, like collision or comprehensive. 

In a no fault state, if you go with state minimum w/o collision and/or comprehensive, the most you can recover from the at fault party is very limited. 
In my past experiences, it was only $500, or $1000 if you asserted it's a mini-tort in our state. The driver could be really on his own for his medical expenses and dreaming on for a rental car reimbursement.


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## ntcindetroit (Mar 23, 2017)

ntcindetroit said:


> Well, the op did not say what coverage he had, like collision or comprehensive.
> 
> In a no fault state, if you go with state minimum w/o collision and/or comprehensive, the most you can recover from the at fault party is very limited.
> In my past experiences, it was only $500, or $1000 if you asserted it's a mini-tort in our state. The driver could be really on his own for his medical expenses and dreaming on for a rental car reimbursement.


Just found this - While North Dakota's no-fault car insurance system applies to injuries caused by car accidents, it has no bearing on vehicle damage claims. You can hold the at-fault driver liable for damage to (or total loss of) a vehicle after a car accident in North Dakota, with no limitations.



Older Chauffeur said:


> F1a2tt3 , ...
> In your earlier post you wrote that someone told you to tell your insurance company to pay your medical bills. Who said that? Nodak Mutual is responsible for your medical bills. I don't believe JR has you covered for medical, so unless you have private coverage or have employer supplied insurance, you are on your own. If you do have insurance, they will recover eventually from Nodak.


*North Dakota No-Fault*
North Dakota is one of a dozen or so states that have legislated some form of a "no-fault" car insurance system. That means, after a car accident, your own basic no-fault (also called "personal injury protection" or "PIP") coverage pays for your medical bills and certain other out-of-pocket losses, regardless of who caused the accident.

A key thing to understand about a no-fault/PIP claim is that you can't get compensation for your "pain and suffering" and other non-monetary damages stemming from the accident. You're limited to compensation for your medical bills and other economic losses.

In order to step outside of the no-fault system and file a third-party insurance claim or lawsuit against the at-fault driver (so that "pain and suffering" and other non-economic losses are compensable) your injuries must meet certain thresholds set by state law. 
That means, as a result of the car accident:


your total necessary medical expenses incurred because of the accident exceed $2,500,* or*
you suffered "serious and permanent disfigurement or disability" lasting more than 60 days.
If you meet one or both of these requirements, you have the right to hold the at-fault driver responsible for the accident by filing a third-party car insurance claim or personal injury lawsuit, and that means you can pursue compensation for all categories of losses, including pain and suffering and all other available non-economic damages (which, again, aren't available in a no-fault/PIP claim).


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## Rex8976 (Nov 11, 2014)

ntcindetroit



> *North Dakota No-Fault*


Presuming the policy is not nullified due to commercial hire activity.


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## ntcindetroit (Mar 23, 2017)

Rex8976 said:


> ntcindetroit
> 
> Presuming the policy is not nullified due to commercial hire activity.


As a rideshare driver, it's time to find out if one is a desirable or undesirable client for the insurance carrier.


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## Qbobo (Nov 21, 2017)

F1a2tt3 said:


> Hey guys I had accident the other day. I was driving Uber and I had a passenger at the moment of the accident.
> The other vehicle ran the red light while I had the right to go. I hit him and rotated and got hit on both of my legs. The passenger was ok, but no ambulance was called. I did go to the hospital to check my legs and they told me since it's improving let's wait for two to see if it's getting worse. No further medical attention yet.
> Uber knows cause the passenger told them, and I gave them info they were asking about the incident.
> My personal insurance is denying me cause they said I was working with Uber.
> ...


Yes uber is obligated!! I got in an accident while transporting 2 passengers aswell back in 2016. The accident was my fault and my metromile insurance had expired yet James rivers still paid for my damages. James rivers will cover you if your primary insurance doesnt or vice-versa. Trust me get in contact James Rivers!!!


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