# Victim of accident while driving for Uber, car totaled



## ScrewedLikeAFox

About three weeks ago, I was hit from behind while stopped at a red light, with a passenger in the car. It pushed me into the car in front of me. The driver behind me fully admitted fault. I have a 2011 Prius IV, and even at the low speeds, the front of my car was hammered. My personal insurance, Geico, won't get involved, but Uber's insurance, James River, has been cool thus far. Yes, they have a $1,000 deductible, but that will be covered by the other driver's insurance. 

Problem is, the perpetrator is a German citizen visiting LA, driving a rental car. And the rental company has California's state minimum of $5,000 coverage. Since I have 90% of the damage, and the car in front of me only got their rear bumper dented a bit, I should get the majority of the rental company's $5,000 -- which should be fine to cover the Uber deductible plus my rental car charges. 

Today I got an email from James River Ins that they deemed my car a total loss., and their third party company, Custard, will contact me to take it from here.

Anyone have any advice on dealing with Uber and a total loss? I'm wondering how screwed I am about getting an actual car at the end of all this.


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## NachonCheeze

If you assume that fUber insurance is no worse that any other insurance provider then you are screwed..... You will get just the current value of the vehicle which will undoubtedly be not enough to replace with the exact same vehicle. This is IMO


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## Old Rocker

Sounds like you're getting dry screwed. An attorney might be able to sort it out, but that will cost a lot.


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## ScrewedLikeAFox

I guess the first step is to talk with James River Ins' company that deals with totaled cars and see how much I'm getting. Frankly, I'd be happy to pick up a used car with similar specs -- maybe a Ford Fusion Hybrid. I like change, and there things I never dug about the Prius. But this all assumes they're gonna give me in the BALLPARK of kbb value.


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## Simon

Thanks for the post. Its good to hear positive stories regarding james river doing what they are supposed to do.


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## ScrewedLikeAFox

They've definitely been upstanding so far. I'm just nervous how I'll fare with the whole "total loss" verdict, but I'd probably be in the same boat about that with any insurance company only paying market value.


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## DexNex

ScrewedLikeAFox said:


> They've definitely been upstanding so far. I'm just nervous how I'll fare with the whole "total loss" verdict, but I'd probably be in the same boat about that with any insurance company only paying market value.


That's what I've came here to say. Anytime your car is totaled this happens. Start looking around your market for the actual cost of replacing your car with a similar used car. That amount is what you can fight for.


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## ScrewedLikeAFox

I'm curious what you mean by "amount you can fight for." I've been looking at kbb values of similar cars. I'm expecting a call from the company handling total losses for James River tomorrow, I didn't know I could negotiate (or at least try).


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## PRC

You definitely should negotiate. I have totaled my car back in 2011. My lawyer advised to negotiate. It was a shitty sonata, model year 98. But... Glx and only 90k. So, as she told me, I started searching a similar vehicle on Craigslist. I found several similar in chi area, price range between 2-3.5k. And when the insurance came back to me with 1.5k offer - I just told them that I want them to buy me a similar car. Now, I don't know how it works in your state, but here in Illinois you can do that. At least I was able to get 2.8k (and 500$ more 4 months later, after they have recovered my deductible from the other guy l, who was at fault). Also, if you have had any recent repairs or parts replacement (including tires), and you still have receipts - you can get some more money for it.


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## DexNex

DexNex said:


> That's what've came here to say. Anytime your car is totaled this happens. Start looking around your market for the actual cost of replacing your car with a similar used car. That amount is what you can fight for.


Look at the price of buying a car in your area that most closely matches your damaged vehicle (use Craigslist or Cars.Com). If you find several, take an average. To that amount you then need to add the cost of buying that vehicle (i.e. sales tax or registration fees).


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## chi1cabby

ScrewedLikeAFox said:


> Anyone have any advice on dealing with Uber and a total loss?


Please read Nick Starr's thread on Uber's James River Insurance claims process:

*Uber Insurance Claim*


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## Oscar Levant

ScrewedLikeAFox said:


> About three weeks ago, I was hit from behind while stopped at a red light, with a passenger in the car. It pushed me into the car in front of me. The driver behind me fully admitted fault. I have a 2011 Prius IV, and even at the low speeds, the front of my car was hammered. My personal insurance, Geico, won't get involved, but Uber's insurance, James River, has been cool thus far. Yes, they have a $1,000 deductible, but that will be covered by the other driver's insurance.
> 
> Problem is, the perpetrator is a German citizen visiting LA, driving a rental car. And the rental company has California's state minimum of $5,000 coverage. Since I have 90% of the damage, and the car in front of me only got their rear bumper dented a bit, I should get the majority of the rental company's $5,000 -- which should be fine to cover the Uber deductible plus my rental car charges.
> 
> Today I got an email from James River Ins that they deemed my car a total loss., and their third party company, Custard, will contact me to take it from here.
> 
> Anyone have any advice on dealing with Uber and a total loss? I'm wondering how screwed I am about getting an actual car at the end of all this.


This is precisely why I switched to UberBlack. This kind of insurance nightmare crap, hybrid insurance BS. I want no part of it, sorry I'm not much of a help, just venting


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## ScrewedLikeAFox

chi1cabby said:


> Please read Nick Starr's thread on Uber's James River Insurance claims process:
> 
> *Uber Insurance Claim*


I did... Unless I'm missing something, I'm not sure how that's helpful to me. I'm way past the point where he ended. His was minor damage, mine is a total loss.


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## ScrewedLikeAFox

DexNex said:


> Look at the price of buying a car in your area that most closely matches your damaged vehicle (use Craigslist or Cars). If you find several, take an average. To that amount you then need to add the cost of buying that vehicle (i.e. sales tax or registration fees).


Thanks for this, I appreciate the guidance. On the upside, Priuses hold their value pretty well. KBB shows mine at between $15-20k. We'll see what James River offers...


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## ScrewedLikeAFox

Got my first call from Custard Insurance Adjusters, who handles the total losses for James River. They offered $16k+, but that was for a 2011 Prius II, and I have a IV, so they have to reevaluate it upwards. Maybe I'm not so screwed after all. The adjuster from Custard was very nice, and made sure to answer all my questions. She agreed that I can negotiate their offer, if I want, but I'd (of course) need to back that up with research. She explained that they got to their number by researching 10-15 similar cars in the area, and including taxes. Oh, and they'll reimburse me for the unused portion of my registration.

Not out of the woods by a longshot, but definitely not freaking as hard as I was earlier...


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## pengduck

ScrewedLikeAFox said:


> They've definitely been upstanding so far. I'm just nervous how I'll fare with the whole "total loss" verdict, but I'd probably be in the same boat about that with any insurance company only paying market value.


They are supposed to look at prevailing market rates of the same car with similar mileage.


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## ScrewedLikeAFox

And they have! I'm going to do more research on my own, but when what I've done so far, their estimate appears to be safely in the right ballpark.


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## limepro

People already answered and gave the exact answer I would have and have used in the past multiple times. Find out what a replacement would cost for similar mileage and vehicle and use that to get the most you can.

Someone rear ended my 64 F100 and the insurance wanted to total the vehicle out lol, after I showed them what it would cost to replace the vehicle they quickly changed their tune, they decided to replace the parts and pay for all work, the first tailgate they sent was a POS and was sent back. They eventually found parts I was happy with and I had the body shop of my choosing do the work.


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## Uberselectguy

California law mandates that the insurer totaling the car get several like kind and quality examples in your market in order to establish value. Basically, how much cars exactly like yours sold for off dealer lots, private sales.
They get this info from DMV. With a Prius, there is little negotiation to the settlement since several examples are available to establish price.
What you never sign off is FUTURE MECICAL. Ever. You could wake up 3 months from now with nerve damage and pain related to this accident. You should talk to an attorney now.
Since you were a driver, you are entitled to loss of use also, something James a river will not pay. You will have to deal with rental company insurance to be compensated.

Good luck.


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## phillipzx3

ScrewedLikeAFox said:


> About three weeks ago, I was hit from behind while stopped at a red light, with a passenger in the car. It pushed me into the car in front of me. The driver behind me fully admitted fault. I have a 2011 Prius IV, and even at the low speeds, the front of my car was hammered. My personal insurance, Geico, won't get involved, but Uber's insurance, James River, has been cool thus far. Yes, they have a $1,000 deductible, but that will be covered by the other driver's insurance.
> 
> Problem is, the perpetrator is a German citizen visiting LA, driving a rental car. And the rental company has California's state minimum of $5,000 coverage. Since I have 90% of the damage, and the car in front of me only got their rear bumper dented a bit, I should get the majority of the rental company's $5,000 -- which should be fine to cover the Uber deductible plus my rental car charges.
> 
> Today I got an email from James River Ins that they deemed my car a total loss., and their third party company, Custard, will contact me to take it from here.
> 
> Anyone have any advice on dealing with Uber and a total loss? I'm wondering how screwed I am about getting an actual car at the end of all this.


You're lucky it wasn't your fault or you'd no longer have insurance coverage at all from Geico. One of your fellow Uber drivers (first name of Tracy..I'll leave her last name out of this ) in Florida just got hers yanked by Geico after she admitted to her agent she was using her car in livery service. Same thing would happen to you. She was involved in a minor fender bender (her fault) and tried to get her insurance to cover the cost. Better to pay out of pocket than risk telling your agent what you're up to.


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## xristy

ScrewedLikeAFox said:


> About three weeks ago, I was hit from behind while stopped at a red light, with a passenger in the car. It pushed me into the car in front of me. The driver behind me fully admitted fault. I have a 2011 Prius IV, and even at the low speeds, the front of my car was hammered. My personal insurance, Geico, won't get involved, but Uber's insurance, James River, has been cool thus far. Yes, they have a $1,000 deductible, but that will be covered by the other driver's insurance.
> 
> Problem is, the perpetrator is a German citizen visiting LA, driving a rental car. And the rental company has California's state minimum of $5,000 coverage. Since I have 90% of the damage, and the car in front of me only got their rear bumper dented a bit, I should get the majority of the rental company's $5,000 -- which should be fine to cover the Uber deductible plus my rental car charges.
> 
> Today I got an email from James River Ins that they deemed my car a total loss., and their third party company, Custard, will contact me to take it from here.
> 
> Anyone have any advice on dealing with Uber and a total loss? I'm wondering how screwed I am about getting an actual car at the end of all this.


I'd get a neck ache, go to a lawyer and have the lawyer go after the rental companies lowball insurance. They rented to a foreigner who they knew could bounce and wouldn't have their own insurance. They have the deeper pocket. Go to one of those lawyers that takes part of the settlement and nothing if you loose.


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## xristy

Uberselectguy said:


> California law mandates that the insurer totaling the car get several like kind and quality examples in your market in order to establish value. Basically, how much cars exactly like yours sold for off dealer lots, private sales.
> They get this info from DMV. With a Prius, there is little negotiation to the settlement since several examples are available to establish price.
> What you never sign off is FUTURE MECICAL. Ever. You could wake up 3 months from now with nerve damage and pain related to this accident. You should talk to an attorney now.
> Since you were a driver, you are entitled to loss of use also, something James a river will not pay. You will have to deal with rental company insurance to be compensated.
> 
> Good luck.


Wow I replied before reading your reply. Yes, he needs a lawyer. That rental company can be sued for all kinds of stuff.


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## observer

ScrewedLikeAFox said:


> About three weeks ago, I was hit from behind while stopped at a red light, with a passenger in the car. It pushed me into the car in front of me. The driver behind me fully admitted fault. I have a 2011 Prius IV, and even at the low speeds, the front of my car was hammered. My personal insurance, Geico, won't get involved, but Uber's insurance, James River, has been cool thus far. Yes, they have a $1,000 deductible, but that will be covered by the other driver's insurance.
> 
> Problem is, the perpetrator is a German citizen visiting LA, driving a rental car. And the rental company has California's state minimum of $5,000 coverage. Since I have 90% of the damage, and the car in front of me only got their rear bumper dented a bit, I should get the majority of the rental company's $5,000 -- which should be fine to cover the Uber deductible plus my rental car charges.
> 
> Today I got an email from James River Ins that they deemed my car a total loss., and their third party company, Custard, will contact me to take it from here.
> 
> Anyone have any advice on dealing with Uber and a total loss? I'm wondering how screwed I am about getting an actual car at the end of all this.


Any updates?


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## xristy

phillipzx3 said:


> You're lucky it wasn't your fault or you'd no longer have insurance coverage at all from Geico. One of your fellow Uber drivers (first name of Tracy..I'll leave her last name out of this ) in Florida just got hers yanked by Geico after she admitted to her agent she was using her car in livery service. Same thing would happen to you. She was involved in a minor fender bender (her fault) and tried to get her insurance to cover the cost. Better to pay out of pocket than risk telling your agent what you're up to.


Every state has different insurance laws. But in the end with an attorney, you can steal a car wreck it and get money from the owners insurance (not advising but...) any accident that has even the slightest hint of an issue should be discussed only WITH AN ACCIDENT ATTORNEY and never with any any any one else. Refer all questions to the lawyer. Every state has them and they charge at the end. You get more because they want to get more. Poor Tracy let Geico screw her around. Insurance companies can be and should be challenged.


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## UbeRoBo

Anyone know the collision coverage amount that Uber provides while you are logged into the app and/or carrying a passenger. Thanks!


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## BurgerTiime

That's sucks! You are probably screwed. Now how do you feel about ridesharing? Did your insurance company drop you? I'd like to know once you get another vehicle will they take on a new policy for you. Geico has been dropping policies like flys. Good luck and keep us informed.


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## DexNex

UbeRoBo said:


> Anyone know the collision coverage amount that Uber provides while you are logged into the app and/or carrying a passenger. Thanks!


You should ask them in your local market. Each municipality has different regulations.


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## docswife

Update?


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## afrojoe824

Geico found out I was ride sharing somehow (I live in LA). I dropped geico in a heartbeat and signed up for Farmers insurance. Farmers offers ride sharing insurance that covers both your personal driving and ride sharing driving. It's nice to have a peace of mind doing this. Though I do pay $200 a month on insurance, I think it's worth it.


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## Flypilot

What ever happened with this? Did you get what you hoped for?


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## scrurbscrud

Probably had to sign a non-disclosure.

and

Probably had his personal insurance yanked.


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## ScrewedLikeAFox

No non-disclosure. Got $23k for my car from Uber's insurance (plus rental reimbursement, to come later), which I was VERY happy with. Geico dumped me, but I had no trouble switching to Progressive -- same coverage, lower premium. Aside from the hassle, I got a new(er) car and uber took care of me!


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## scrurbscrud

ScrewedLikeAFox said:


> No non-disclosure. Got $23k for my car from Uber's insurance (plus rental reimbursement, to come later), which I was VERY happy with. Geico dumped me, but I had no trouble switching to Progressive -- same coverage, lower premium. Aside from the hassle, I got a new(er) car and uber took care of me!


*Congrats! * Progressive allow TNC driving?

and thanks for reporting back.


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## ScrewedLikeAFox

No idea, I totaled my Prius on my first day driving for Uber, decided that was a sign to get out of the game!


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## scrurbscrud

ScrewedLikeAFox said:


> No idea, I totaled my Prius on my first day driving for Uber, decided that was a sign to get out of the game!


Ah! Good move probably. Man, totalled first day out. That's a great story.


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## ScrewedLikeAFox

Haha, yeah... It was also kinda terrifying to see that underneath the Prius' plastic exterior is LITERALLY a styrofoam body.


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## scrurbscrud

fwiw I've been doing this crap for a little over a year and a half, have had 2 accidents, one app on and one with pax in *and a BUTT load of close calls*. None of which were my fault, but it is dangerous out there.


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## Mike T

ScrewedLikeAFox said:


> No non-disclosure. Got $23k for my car from Uber's insurance (plus rental reimbursement, to come later), which I was VERY happy with. Geico dumped me, but I had no trouble switching to Progressive -- same coverage, lower premium. Aside from the hassle, I got a new(er) car and uber took care of me!


Progressive does not currently cover rideshare driving. Be careful!


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## Shells175

How long did the whole process with James River take? I was hit and my car was totaled on April 16th. My car was towed to a salvage lot about a week after that. Talked to the total loss adjustor about a week after that. James River has yet to send check to my finance company yet. I got an email about an amount that they will be paying. Been emailing back and forth with the total loss adjustor from Custard and was told another amount which was higher. Now they need to sign and Mail two documents. Just was wondering how long of a process you went thru.


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## ScrewedLikeAFox

Well, it happened in, what...11/2015 and I finally got fully reimbursed for everything by...I think sometime April, 2016? Get ready for a marathon. James River has to battle the other driver's insurance, etc. Drama.


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## Daniel_C

You people crack me up with your accident attorney talk. I'm a claims adjuster and I can tell you that accident attorneys hate dealing with property damage issues because they make no money on them. A majority of them tell me to work directly with their client to resolve the property damage. 

They want injury claims where they can do as little work as possible and make a quick 30%. They wait for all of your treatment to be complete, gather your records and send them to the insurance company who then cuts out all of the fluff and makes a fair settlement offer.

In this case where the rental company doesn't have enough coverage, it's not their problem. The guy who rented the vehicle is the one who is screwed. The rental company is not liable for his actions. They were not negligent. Their contract protects them.


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## A Morgan

Daniel_C said:


> You people crack me up with your accident attorney talk. I'm a claims adjuster and I can tell you that accident attorneys hate dealing with property damage issues because they make no money on them. A majority of them tell me to work directly with their client to resolve the property damage.
> 
> They want injury claims where they can do as little work as possible and make a quick 30%. They wait for all of your treatment to be complete, gather your records and send them to the insurance company who then cuts out all of the fluff and makes a fair settlement offer.
> 
> In this case where the rental company doesn't have enough coverage, it's not their problem. The guy who rented the vehicle is the one who is screwed. The rental company is not liable for his actions. They were not negligent. Their contract protects them.


The rental car company is liable under the code. The rental car company does not need to be negligent and it does not matter what their contract says.

California Vehicle Code 17150. Every owner of a motor vehicle is liable and responsible for death or injury to person or property resulting from a negligent or wrongful act or omission in the operation of the motor vehicle, in the business of the owner or otherwise, by any person using or operating the same with the permission, express or implied, of the owner.


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## Daniel_C

As I previously said, their contract protects them. You know the big long Paper that you sign with actually reading it?

That CvC code applies more to business where the employees drive around company cars. For example, if an enterprise employee were driving an enterprise vehicle to another location.


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## A Morgan

Daniel_C said:


> As I previously said, their contract protects them. You know the big long Paper that you sign with actually reading it?
> 
> That CvC code applies more to business where the employees drive around company cars. For example, if an enterprise employee were driving an enterprise vehicle to another location.


Not true. The car rental company cannot write a contract to opt themselves out of the law. Owner consent liability is however limited. In this case as presented the car rental company is liable up to the limits. See California Vehicle Code 17151(a). The liability imposed by the code is the only reason that the car rental company agreed to pay him $5,000.00.


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