The world has been turned upside down. Here in Nashville, residents have been instructed to stay at home and only travel on essential business in a bid to suppress the growing threat of COVID-19. As of the time of writing this blog, there were 5,823 cases of the disease notified to the Tennessee DoH and 213 deaths. It’s not nearly as bad as elsewhere in the country, but as we’ve found out to our horror, that can all change so very quickly.
There are few bright sides to the sorry story the world has gotten itself into, but one of them must be the fact that there are far fewer vehicles on the roads. Admittedly, there are still trucks and vehicles doing essential business and there are cars going to places that we assume are essential, too. But the number of car accidents must be lower than pre-stay at home order. Who knows? Perhaps the reduction in fatalities on the roads will help to balance the deaths from COVID-19?
Meanwhile, accidents are still possible. Just because the roads are quieter doesn’t mean that everyone is driving safely. Empty roads can encourage the reckless to drive faster and take risks. Many rideshare drivers have lost incomes because of the economic downturn accompanying the restrictions on movement and activity. Those who are still offering a service are looking to carry freight as well as passengers. You can just as easily have an accident with an Uber driver eager to earn some cash as fast as they can before they move on to another pick up. That’s why it’s worth reminding drivers of their rights if they are involved in an accident with an Uber driver.
Scenario 1: You’re hit by an Uber driver while the driver is carrying a passenger or freight
The Uber driver will have his/her app on and, if responsible for the accident (speeding, not paying attention, running a red light, tailgating, etc.), then either the driver’s or Uber’s insurer will pay compensation up to a limit of $1 million. Basically, Uber will cover the insurance up to that limit if the driver doesn’t have sufficient individual insurance. This insurance cover also applies if you were a passenger in the car when it crashed and the Uber driver was at fault. The minimum 1 million dollars insurance is a state requirement.
Scenario 2: You’re hit by an Uber driver whose app is on, but is not carrying a passenger or freight
For this scenario, assuming that there is proof that the Uber driver was at fault, the driver must have a minimum insurance cover of $100,000 per accident, $25,000 for property damage and $25,000 per person injured. This scenario is that of an Uber driver cruising around waiting for customers but not actually carrying anyone or anything.
Scenario 3: You’re hit by an Uber driver whose app is off
Uber doesn’t provide liability insurance in this situation so you would have to rely on whatever the Uber driver’s insurance cover is.
Scenario 4: You have an accident with an Uber driver and fault is disputed
Under Tennessee’s comparative fault laws, you are entitled to claim compensation as long as it can be proved that you were not more than 50% to blame for an accident. For example, say you were hit by an Uber driver at the rear. Normally, it is the vehicle at the back who is at fault, but perhaps your rear brake lights were obscured, or only one was working. It might be decided that the fault was shared evenly between you and the Uber driver. If you had claimed a total of $10,000 in compensation, you may be awarded $5,000.
At the heart of any personal injury claim is the fact that you cannot successfully win it unless you can prove who was at fault. Even with reduced traffic, there is always a reason why an accident took place. The standard items of proof or any car accident are:
- Photos you take of the damage and injuries if you aren’t too badly hurt and taken to ER;
- A police report. This will be compiled at the scene of the accident by a police officer;
- Eye witness statements. There may be far fewer people around, but accidents are actually easier to see because of the lack of traffic;
- Video footage of the accident if you were in sight of a security camera;
- Vehicle damage report by a car pair yard may identify how the accident happened.
Contact Nashville Injury Attorney
Nashville Injury Attorney has over the years built a solid reputation for successful auto accident claims. Keith Williams and his team have recovered millions of dollars in compensation for their many clients. You can rely on Nashville Injury Attorney for their skill and experience in dealing with all types of car and truck accidents including Uber accidents. Ring the office for an online or phone appointment at 615-395-3003.