# Personal Injury Coverage if You Are at Fault



## xxBladeRunnerxx (Dec 4, 2018)

Hi everyone,

I am a prospective driver and I have a question about Uber Insurance. I have been on the website and I have read what uber insurance covers. I am interested in a specific scenario that I did not see that Uber covers you for. 

What if you are driving a passenger, and you get into a car accident for which you are at-fault, and you get injured and your passenger gets injured? Does Uber insurance cover your medical expenses for your personal injuries and your passenger's medical expenses for his personal injuries? This scenario is not discussed on the Uber insurance webpage, as far as I am aware.

Has anybody been in an accident with a passenger for which you, the uber driver, was at fault? Were your injuries covered by Uber Insurance? Or does anyone know anyone who is an uber driver and has been in an accident for which they were at-fault?


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## Older Chauffeur (Oct 16, 2014)

You might pm member BigJohn with your question, as he seems to be well informed re insurance issues. From what I have read, driver injuries are not covered in at fault situations, as only passengers are covered up to one million dollars per occurrence. As I understand it, that limit also includes anyone outside your vehicle as well.

OTOH, damage to your vehicle would be subject to a personal policy being in effect at the time of the accident and a $1000 deductible if the personal policy issuer denies the claim.

You really need a ridesharing policy or a rider on your personal policy specifically covering such activities, hopefully with medical coverage for yourself. Just my opinion, (which I know you weren't asking for) but that one million dollars won't go far if a few people get seriously injured. You're putting your own assets and financial standing at risk for a small return.


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## xxBladeRunnerxx (Dec 4, 2018)

Older Chauffeur

Thank you for your reply to my specific question. I have been trying to find the answers to my question and have not been having luck. I know my personal policy with rideshare would cover me while I am driving with the app on. But it doesn't cover me for anything at all in the event of accident when I am driving a passenger for Uber, at-fault or not. And it looks like Uber would not cover me either for the specific scenario I posed. I wonder how many other people are in the same boat and don't know it. In any case, I will not be driving for Uber until I cancel my current policy and get one that would cover me for the scenario I posed in addition to everything else.


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## AuxCordBoston (Dec 3, 2016)

It would be nice for someone to post the “proof” that Uber only covers the driver in stage 2 and 3 if the driver is “not” at fault.


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## BigJohn (Jan 27, 2016)

Older Chauffeur said:


> You might pm member BigJohn with your question, as he seems to be well informed re insurance issues.


Thanks for the mention but I have to admit this is a scenario I have not experienced or anyone I know has experienced yet. I have an idea of what the answer is (in California) but I want to do some research first before answering.

I will however say this at this time: If you are driving your own personal vehicle to the store to buy stuff for home and you get into a single car accident that you yourself cause and you are injured with say $100,000 in medial bills over a 1 year period AND your personal auto insurance policy has medical payments coverage, yes your auto insurance policy will pay upto the limit for medical payments coverage. HOWEVER generally speaking the medical payments coverage on a personal auto insurance policy are usually limited to $5,000 or $10,000 TOTAL per incident. The point is while you may have medical payments coverage, YOUR health insurance coverage is the MAIN coverage for any injuries you may sustain in an auto accident that you are at fault for.


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## xxBladeRunnerxx (Dec 4, 2018)

BigJohn

I wasn't aware that my health insurance could be applied toward medical expenses for injuries sustained in a car accident. I do have emergency room care, emergency medical transportation, and urgent care coverage on my health insurance plan. I've never had to use it before so I dont know much about it. I guess that could be applied toward injuries sustained in a car accident...? In any case, let me know what you find out about my question through your research.


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## BigJohn (Jan 27, 2016)

OK, it is as I thought it would be.

First to reiterate what I stated earlier, your personal auto insurance policy MAY HAVE a medical payments line item on it which would provide coverage to you up to its limits. IT IS NOT however designed to be the primary insurance coverage for your health and injuries. That job lies upon your personal health insurance, obtained in which ever way.

Second, the insurance provided by a TNC such as Uber does not in any way change, reduce or expand upon that. Your personal health insurance would be the go to for coverage to any injuries you receive as a result of an accident that you are at fault for.

In other words, a vehicle insurance policy is to protect others, not yourself, against something you do. Regardless of where that vehicle insurance policy comes from.

NOW, as a side information, Uber does now offer a third party "injury" policy that does cover you, but again that is a third party policy and again has nothing to do with vehicle insurance.


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## Older Chauffeur (Oct 16, 2014)

I was injured when my car was struck by a car driven by a teenager while I was sitting at a stoplight. This was around 1985, and my employer-provided health insurance initially covered my medical expenses. But per their contract, when I got a settlement from a the at-fault driver’s insurer, I had to reimburse my health insurer. 
This involved my personal vehicle and there was no commercial angle, which might impact employer-provided contracts now with regard to for hire drivers outside their main employment.


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## BigJohn (Jan 27, 2016)

Older Chauffeur said:


> I was injured when my car was struck by a car driven by a teenager while I was sitting at a stoplight. This was around 1985, and my employer-provided health insurance initially covered my medical expenses. But per their contract, when I got a settlement from a the at-fault driver's insurer, I had to reimburse my health insurer.
> This involved my personal vehicle and there was no commercial angle, which might impact employer-provided contracts now with regard to for hire drivers outside their main employment.


Where and/or how your personal health insurance is obtained has nothing to do with the coverage provided.

All personal health insurance have a subrogation clause allowing them (and in the fine print stating you have to inform them) to pursue relief from at fault parties that caused the injuries to you or other insurance you may have at the time of the accident.


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## tohunt4me (Nov 23, 2015)

Then you can always start a Gofundme page . . .


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## Older Chauffeur (Oct 16, 2014)

^^^^


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## kcrangel (Dec 7, 2018)

If you are at fault, you do not have bodily Injury coverage through the James River policy. However, Uber offers a Personal Injury Policy in some states which you can purchase on your own. Covers you up to $1M and I believe the carrier is One Beacon, reach out to your local Uber hub for more info.

However, the UBER policy through James River will always cover the rider if you are at fault. They will also extend bodily injury coverage to the other driver's and passengers involved.


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## BigJohn (Jan 27, 2016)

kcrangel said:


> However, the UBER policy through James River will always cover the rider if you are at fault. They will also extend bodily injury coverage to the other driver's and passengers involved.


While that is NOT the subject of the question by the OP, that answer is not technically correct. While it is true that the TNC insurance will always cover both your riders and others for any accident you are at fault of, it is not under any "bodily injury coverage". It is called LIABILITY insurance, plain and simple. "Bodily injury coverage" for vehicle insurance purposes is defined as coverage in the first person for bodily injury sustained under a covered event. First person being the named covered person the policy is written to and for. LIABILITY applies to all third party persons and property that YOU the named covered person the policy is written to and for is LIABILE for any/all damages to those third party persons or property due to YOUR actions.


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## kcrangel (Dec 7, 2018)

Oh and you're talking as an adjuster from James River Insurance? Because I am. I absolutely answered the question thay was asked. I just broke it into terms the average individual can understand, and not using technical terms. Get off of your high horse.



AGAIN, he doesnt have bodily injury coverage as the driver. But the rider does have the coverage UNDER LIABILITY. Bodily Injury isnt JUST a coverage it's also a term used to describe an INJURY TO YOUR BODY.

Big John, unless you're sitting here in the bodily injury department with me determining coverage, paying settlements, negotiating terms and insurance law with these attorneys then I dont want to hear it. A lot of this shit you say on these threads is totally false, you just type with conviction and people believe it


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## Older Chauffeur (Oct 16, 2014)

BigJohn said:


> While that is NOT the subject of the question by the OP, that answer is not technically correct. While it is true that the TNC insurance will always cover both your riders and others for any accident you are at fault of, it is not under any "bodily injury coverage". It is called LIABILITY insurance, plain and simple. "Bodily injury coverage" for vehicle insurance purposes is defined as coverage in the first person for bodily injury sustained under a covered event. First person being the named covered person the policy is written to and for. LIABILITY applies to all third party persons and property that YOU the named covered person the policy is written to and for is LIABILE for any/all damages to those third party persons or property due to YOUR actions.


I think maybe you are confusing "bodily injury coverage" with medical coverage for the policy holder and his passengers under a personal auto policy. Here's the definition of liability insurance from the CA DMV:

"Liability insurance compensates a person other than the policy holder for personal injury or property damage."

In the old days (1961-63) when I was buying cars for $500 or less, we described the minimum insurance requirement as "P.L. and P.D." meaning public liability and property damage. It didn't make sense to pay for comprehensive and collision coverage on cars of little value.

Interestingly, CA has the same minimum requirements of 15/30/5k sixty years later.


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## kcrangel (Dec 7, 2018)

Thank you.

Medical Pay is for the driver.

Bodily Injury is liability coverage. Generally, when purchasing a personal policy you buy "limits" such as 50k/100k/25k. These limits stand for up to $50k bodily injury per person $100k bodily injury per incident and $25k property damage per incident. All of which are liability coverages.

However, UBERs policy is $1M which includes all forms of liability (ie: BI, PD, UM, UIM etc) That million doesnt include collision, comp, med pay or PIP.

As an 'at fault Uber driver' your injuries are only covered where the state mandates PIP or Med Pay for commercial policies. Such as MA, NJ, PA, MD, etc. I can tell you that WA policy will NOT cover you.


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## AuxCordBoston (Dec 3, 2016)

kcrangel said:


> Thank you.
> 
> Medical Pay is for the driver.
> 
> ...


Well said.


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