In the early morning hours of Tuesday, July 30th, 2024, a family was being transported in an Uber when a suspected drunk driver failed to stop for a red light and struck the Uber. The fatal collision occurred at the intersection of Wilson Road and Atascocita Road in Humble, Texas. The suspected drunk driver died at the scene and all six occupants of the Uber were transported to the hospital but expected to recover. Accidents like this one raise questions as to who pays when you are hit while riding in an Uber. Thanks to changes in Uber insurance requirements for their drivers, it may be left up to you and your own insurance policy. It is wise to speak with an Uber accident lawyer to determine what your rights are when you find yourself in this situation.
Who Pays When You Are Hit While Riding in an Uber?
When you are hit while riding as a passenger in an Uber, first you look to the negligent driver who struck the Uber causing the wreck. If he lacks coverage or sufficient coverage, next you look to any applicable uninsured motorist policies.
In a collision like the one that occurred above, obviously, the suspected drunk driver who ran the red light is at fault. However, people who are irresponsible enough to drive while intoxicated are often not responsible enough to carry sufficient insurance to cover a collision involving multiple injuries. As a result, it would not be surprising to learn that the driver had either no insurance or only a minimum limits policy that likely does not have sufficient coverage limits to pay for 6 injured people’s damages.
Minimum Coverage in Texas
Drivers in Humble are only required by law to carry the Texas minimum liability insurance coverage of $30,000 per person and $60,000 per accident. This means that no individual may recover more than $30,000 from the policy and all injured people can recover no more than $60,000 combined. If each person has a $15,000 emergency services bill, they will exceed the policy coverage, and someone is not getting his medical bills paid.
Looking to Uninsured/Underinsured Motorist Policies
Uninsured/Underinsured Motorist Coverage (UM/UIM) is optional insurance that you can purchase to protect yourself in a car accident where the other driver carries no insurance or too little insurance. If the vehicle you were riding in has a policy, you can file under that policy as an occupant of the vehicle. If you have a car in your household that provides UM/UIM coverage to your family, then you may also file on that policy.
Which UM/UIM Policy Pays?
If there are two UM/UIM policies available such as one on the vehicle and one on the passenger’s private vehicle, then you can file a claim against both. Most policies contain a coordination of benefits clause that tries to make their policy secondary. When both contain this clause, Texas law dictates that the two policies pay for damages on a pro-rata basis. If you are unsure whether this may be the case, speak to an underinsured motorist lawyer to determine your rights.
Uber and UM/UIM
In the past, Uber provided their drivers with 1,000,000 in UM/UIM insurance coverage. However, in recent years, Uber has discontinued providing that coverage for their drivers in Texas. Thus, it is critical that you maintain your own UM/UIM coverage or you may be completely out of luck when you get hit while riding in an Uber.
Conclusion
The only way you can be sure that you and your loved ones are covered when an accident occurs through no fault of your own is to purchase plenty of uninsured and underinsured motorist coverage. Otherwise, you are gambling on irresponsible drivers and irresponsible companies to provide protection. Talk to a Humble car accident lawyer if you need additional help. Located in Houston, Texas, Simmons and Fletcher, P.C., has been serving Humble and the surrounding areas since 1979.
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