What Happens If Your Uber Gets Into An Accident?

Uber accident attorney
Injured in an Uber accident?

What happens if you are injured in an Uber accident?

Who will pay for your medical bills and damages?

There are a couple possible scenarios.

If your Uber driver caused the accident, you are covered by Uber’s auto insurance through James River Insurance. Assuming your driver was “on platform”, James River Insurance is liable for your bodily injury claim. Uber has $1 million in liability coverage. Uber also has personal injury protection benefits or PIP. If your Uber driver causes an accident and you are injured, a bodily injury claim should be presented to James River Insurance.

As an innocent passenger, you are entitled to both the bodily injury claim and the personal injury protection benefits. James River Insurance is required to reimburse medical expenses and/or lost wages up to $2,500.00 through PIP benefits in addition to any bodily injury settlement. Uber passengers have the benefit of a $1 million policy limit and personal injury protection benefits. However, if you waived PIP or live with a family member who waived PIP, you are not entitled to PIP benefits through Uber’s insurance.

If another driver caused the accident, an injured Uber passenger simply makes a bodily injury claim with the at fault vehicle’s insurance company. Uber has $1 million in uninsured and underinsured motorist coverage. If you are a passenger in an Uber that is involved in an accident caused by an underinsured or uninsured driver, there is bodily injury coverage up to $1 million. The uninsured motorist coverage also applies if your Uber driver is involved in a hit and run accident. In these scenarios the Uber passenger is eligible for personal injury protection benefits.

As with any auto insurance company, James River Insurance will do everything it can to pay the minimum to Uber passengers who are injured in car accidents. The injured Uber passenger should contact an attorney familiar with Uber and James River Insurance. Nicholas A. Parr settled and litigated dozens of lawsuits with Uber and James River insurance. Contact the Law Offices of Nicholas a. Parr if your Uber driver was in an accident.

 

If I am in an accident with a drunk driver will I get a bigger settlement?

Injured in an accident caused by a drunk driverIn Maryland, the answer is probably no. An individual injured by a drunk driver or the family of someone killed by a drunk driver will  probably not get more. That is because Maryland doesn’t allow punitive damages in car accidents caused by drunk drivers, even if that car accident caused a death or serious injury. Punitive damages are payments made over and above fines and standard compensation to victims. They are designed to punish an offender for conduct that either arises from an evil motive, or reckless indifference to others. The latter definition would apply to drunk driving. The idea of punitive damages against drunk drivers has been debated in the Maryland legislature but attempts to provide punitive damages have failed. Some say that punitive damages are an undeserved reward. Others respond that they are needed as a deterrent. Today most states have laws that allow punitive damages in at least some drunk driving accident cases. For example, our neighbor to the south, Virginia, allows for punitive damages in certain drunk driving cases. Maryland does not allow punitive damages in drunk driving cases and believe me the insurance companies lobby hard to keep it that way.

Recently, I explained to two clients that the fact they were injured by a drunk driver will not necessarily lead to a bigger settlement. They were surprised. I think most people assume that if they were injured in an car accident caused by someone who was dumb enough to drink and drive that they are entitled to a larger settlement or judgment. That concept makes sense and seems fair but life is not fair, especially in Maryland. Sure, during settlement negotiations a lawyer can remind the insurance adjuster that the at fault driver was drunk as a skunk. However, most insurance adjusters know that a Maryland jury will never hear about drunk driving. A Maryland jury will never hear about the fact that the other driver had 18 shots of Fireball before he or she decided to smash into a family minivan filled to the brim with children. In my client’s case, a Maryland jury will never hear that his truck was totaled by a drunk driver on Christmas morning. Why won’t the Maryland jury hear those stories? Once the other driver admits fault, liability can be stipulated to and motions can be filed by the insurance company’s lawyer to ensure no one will ever hear the words “drunk driver”. The case is essentially treated the same as if the driver was simply careless and made an honest mistake.

If you are injured in an accident caused by a drunk driver, contact The Law Offices of Nicholas A. Parr. Speak directly with the attorney who will fight to make sure you get what you deserve.

Baltimore City Police Reports

Baltimore Personal Injury AttorneyFor those of us who live, work in, or visit Baltimore City it is pretty obvious that the police were on vacation in 2017. Their absence leaves Baltimore in the throws of a crime wave the likes of which hasn’t been seen since crack cocaine hit the Baltimore corners in the 1980’s.  Maybe they will return to work in 2018. Do I blame the police? Not really, they were stabbed in the back by an inexperienced states attorney trying to make a name for herself instead of protecting the city we love. The lack of law an order in the streets of Baltimore can be seen on so many levels. Random violence in the streets, lack of response to 911 calls,  administrative shortcomings and delays – all a byproduct of failed leadership at the highest levels.

As a Baltimore personal injury attorney, I see the ramifications of a listing Baltimore City Police Department everyday. For example, if you are involved in a car accident in Baltimore and need a police report, don’t hold your breath. If the police decide to respond to your accident, chances are they won’t do much. In Baltimore, the police won’t prepare accident reports unless someone leaves in an ambulance. In many cases, the Baltimore City Police are no longer preparing reports for hit and run accidents even though a crime was committed . When the Baltimore City Police do prepare accident reports, it can take several months before the report is available.

If you are involved in an accident in Baltimore, you cannot rely on the police to obtain the other driver’s information. If you are in a car accident in Baltimore, it is essential that you, at the very least, get the tag number of the other vehicle(s) involved. A tag search can identify the owner and the insurance company. Doing a tag search is much easier than obtaining Baltimore City police reports. A picture of the other driver’s license and insurance card is also very helpful but the tag number is the catch all. If you are involved in a hit and run accident, do everything you can to document the incident. In the age of camera phones, taking pictures of the car accident is not difficult. Pictures of the scene can be helpful.  If you are transported by ambulance, but still coherent, find a way to get they other driver’s information. Snap a picture of the license plate or ask someone to do it for you. The most difficult situation occurs when someone is so seriously injured in an accident that they are unresponsive or incapacitated. The individual who is injured is at the mercy of the Baltimore City Police. Lets hope they step up their game in 2018. If you are injured in an accident in Baltimore, not having the other driver’s insurance information can delay your claim and recovery. It is essential to contact an experienced Baltimore personal injury attorney, call the Law Offices of Nicholas A. Parr, we can help.