Got into accident with no rideshare insurance (NOT AT FAULT)...advise

DontGoToPaterson

Well-Known Member
im in NJ and have liberty mutual.

I was taking a PAX to NYC Sat night (f me), and got sideswiped by a 18 year old GQ. Pulled over, she ran her mouth saying you didnt see me (uhh..you hit ME) then drove off and fled the scene. got her license plate and everything so she's screwed.

some minor damage to my rear and back rim. other than then car is good

Cops come and I get a police report (that I have to pickup tomorrow)..

Now as I'm driving home, i have a message for uber and i can't login. they want me to file a accident claim. I'm guessing the PAX reported it ? not sure how they knew.

anyways I have liberty mutual full coverage but do not have rideshare.

I already filed a claim with liberty mutual but don't know what to do on ubers end. Do I fill out the information and submit it or will Uber contact my insurance company ?

do I wait till everything is fixed at the autobody and the claim has gone through? then go to UBER about this?
 

RogueErik

Active Member
Uber should cover the accident with a $1000 deductible. I would fill out everything Uber wants ASAP, if you “seem” like you’re trying to hide anything from them they will permanently deactivate you. Worst case is the insurance companies battle it out and liberty drops you. This will count as one of your 3 incidents in 3 years though.
 

DontGoToPaterson

Well-Known Member
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So now I gotta pay 1k out of my own pocket because someone hit me and drove off? My deductible for my insurance is 500
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Since i got the plate number of the other driver whi hit me and drove off, and they catch her, can I sue her for lost wages?
 
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UberPete1911

Well-Known Member
So now I gotta pay 1k out of my own pocket because someone hit me and drove off? My deductible for my insurance is 500
Post automatically merged:

Since i got the plate number of the other driver whi hit me and drove off, and they catch her, can I sue her for lost wages?
Yes. Did you have a dashcam?
 

UberGeo

Well-Known Member
So now I gotta pay 1k out of my own pocket because someone hit me and drove off? My deductible for my insurance is 500
Post automatically merged:

Since i got the plate number of the other driver whi hit me and drove off, and they catch her, can I sue her for lost wages?
NJ also has uninsured motorist, that knocks off another $500. Normally your insurance company will go after the other driver for your out of pocket...

Good luck. Maybe pax filmed it. Did you get the pax info for witness?

I have falcon f360 camera. But I also try to film with phone anything.
 
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Launchpad McQuack

Well-Known Member
Worst case is the insurance companies battle it out and liberty drops you.
Worst case scenario is that Liberty drops you retroactive to the earliest time it can be shown that you were doing rideshare and then Uber doesn't cover anything because you didn't have coverage on your vehicle at the time of the accident. I'm not saying that's how it will play out, but that's the worst case scenario.

Yes. Did you have a dashcam?
I would think he would have a pretty good case even if he didn't. I'm not sure about NY, but in NJ leaving the scene of an accident with property damage is a major no no. Plus, he was dropping off a passenger at the time so he should have a witness.
 

njn

Well-Known Member
So now I gotta pay 1k out of my own pocket because someone hit me and drove off?
Yes, and be happy it wasn't lyft with their $2500 deductible. Everything has to be processed through uber's insurance. You screwed up filing though your personal, you need to let them know asap that you were driving a pax with uber. No need for rideshare insurance in this case other than possibly a lower deductible since you had a pax.
 

DontGoToPaterson

Well-Known Member
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  • #8
Yes, and be happy it wasn't lyft with their $2500 deductible. Everything has to be processed through uber's insurance. No need for rideshare insurance in this case other than possibly a lower deductible since you had a pax.
I already filed a claim with my insurance and I have a 500 deductible. I scheduled an appointment with uber tommrow. Can't I just tell them my insurance is taking over it, and have them look at it and green light me?
 

SuzeCB

Well-Known Member
So now I gotta pay 1k out of my own pocket because someone hit me and drove off? My deductible for my insurance is 500
Post automatically merged:

Since i got the plate number of the other driver whi hit me and drove off, and they catch her, can I sue her for lost wages?
Ok... Just A sec...

Was the Pax in the car, or not? As far as insurance goes, that changes everything.

If so, any injury to the Pax is covered under Uber's while they fight it out with the other driver's insurance company. Pax is nothing for you to worry about at this point.

As to your car.... Uber will provide you with coverage up to whatever amount you carry under your private insurance, minus a $1,000 deductible while they fight it out with the other driver's insurance company. They may or may not (it's a crapshoot that there's no apparent official policy on) also try to recoup your $1,000 deductible. If not, you'll have to fight alongside Uber's Ins. for it.

If you do not have C&C on your car, Uber's insurance will not cover any damage to it. You'll have to go after the other driver yourself.

Neither Uber's nor your insurance, even if your own has coverage for rental car, will provide for rental car while yours is being repaired.

Your own auto insurance will not pay for personal injury to yourself, or lost income from injury or loss of use of the vehicle during time unable to use it.

There is differing opinion as to whether or not your personal injury is covered by Uber's insurance. This could be a matter of varying state law, or our own lack of clarity on it. What I can tell you is that when I was in accidents while Ubering, none my fault, I was NEVER asked by Uber's insurance about injuries or medical expenses. This is where the optional insurance they offer for $0.0375/mile comes in. This insurance will cover a portion of provable lost wages, I believe.

Anything you are out of pocket in this matter, after all insurance possibilities are explored, can be recouped in a lawsuit against the other driver in Small Claims Court in the jurisdiction where the accident occurred, up to whatever the max is. In NJ, that would be $3,000. I believe NY is $5,000, but I could be wrong. If your out-of-pocket exceeds the Small Claims limit, you can get an attorney, but be aware they will take a large chunk out of the judgement as a whole, probably with litigation costs on top of that, and that could being your wallet recompense down below the Small Claims limit. There's a reason people owed $10,000 will use Small Claims to recoup only $5,000.

Last, but not least, with regard to your out-of-pocket expenses, hope like hell (pray, if you're a believer) that the other driver has liability coverage. There's actually a type of auto insurance the very poor can get that makes it legal for them to drive, but provides nothing for whatever damage they do to other people or their property. It sucks. To top it all off, in order to qualify for it, their financial status and future financial outlook pretty much renders them what is commonly known as "Judgement Proof". You can get your judgement, but you'll never get your money because you can't get blood from a stone.

Good luck!
 

VictorD

Well-Known Member
im in NJ and have liberty mutual.

I was taking a PAX to NYC Sat night (f me), and got sideswiped by a 18 year old GQ. Pulled over, she ran her mouth saying you didnt see me (uhh..you hit ME) then drove off and fled the scene. got her license plate and everything so she's screwed.

some minor damage to my rear and back rim. other than then car is good

Cops come and I get a police report (that I have to pickup tomorrow)..

Now as I'm driving home, i have a message for uber and i can't login. they want me to file a accident claim. I'm guessing the PAX reported it ? not sure how they knew.

anyways I have liberty mutual full coverage but do not have rideshare.

I already filed a claim with liberty mutual but don't know what to do on ubers end. Do I fill out the information and submit it or will Uber contact my insurance company ?

do I wait till everything is fixed at the autobody and the claim has gone through? then go to UBER about this?
Your personal insurance policy stops coverage the instant you go online unless you have the Phase 1 "gap" coverage, or a full commercial policy. Without that Phase 1 coverage during the time you're online and waiting for a ride, legally, you're driving as an uninsured motorist meaning that, if discovered, you can be refused coverage by either insurer in the event of an accident as well as being liable for associated claims.

I would think he would have a pretty good case even if he didn't. I'm not sure about NY, but in NJ leaving the scene of an accident with property damage is a major no no. Plus, he was dropping off a passenger at the time so he should have a witness.
So is driving without proper insurance - an even greater violation. In fact, he could lose a legal case due to the fact that he was not properly insured and, therefore, should not have been operating his vehicle on the roads in a commercial capacity in the first place.

Don't snuff at that. That argument wins very often in court in cases where one party isn't uninsured, but driving without a valid license. As far as the law is concerned, one is as aggregious as the other.

Of course, he has a witness! Who do you think reported the accident to Uber?
 

FlyingFortress

Well-Known Member
Author
I'm concerned about your deactivation while Uber plods through this. This is loss of income that's so not your fault. Seems like a connected web of risk challenges to you on many diverse fronts. First, I would exhaust all that Uber is willing to do/handle for you. Liberty will likely not be a fan of yours through this. I'd look for a "traffic lawyer" in that NYC jurisdiction. You're likely to find a list of them with the court clerk's office again in that district. The clerk's offices are inclined to help you find representation but will not recommend one over the other. Then you need to call each one and ask how much demonstrable experience have with rideshare cases. This is just more shovel of shyte that is thrown at our lives every day. Just go through it and check the boxes one at a time. So called "traffic lawyers" can offer negotiated flat rates. Ask about costs right away. I would pay $500 out of pocket for somebody to take over for me. You should just get back to driving and yes, stay out of the City. It's a black hole.
 

Fernando-R

Well-Known Member
im in NJ and have liberty mutual.

I was taking a PAX to NYC Sat night (f me), and got sideswiped by a 18 year old GQ. Pulled over, she ran her mouth saying you didnt see me (uhh..you hit ME) then drove off and fled the scene. got her license plate and everything so she's screwed.

some minor damage to my rear and back rim. other than then car is good

Cops come and I get a police report (that I have to pickup tomorrow)..

Now as I'm driving home, i have a message for uber and i can't login. they want me to file a accident claim. I'm guessing the PAX reported it ? not sure how they knew.

anyways I have liberty mutual full coverage but do not have rideshare.

I already filed a claim with liberty mutual but don't know what to do on ubers end. Do I fill out the information and submit it or will Uber contact my insurance company ?

do I wait till everything is fixed at the autobody and the claim has gone through? then go to UBER about this?
Dude, you came to the worse place to get help on this matter.... this conversation became a “who thinks is a better lawyer”.... your situation is simple, don’t lie to your insurance about not doing rideshare, that could get you in worse trouble. Contact the claims department for Uber and tell them that you already contacted your private insurance and they will tell you how to proceed, they know what needs to be done.
Here everyone is giving you the “what if’s or the worse case scenarios or the guy with the retroactive Insurance cancellation”.... my god, you are just adding more crap to your brain and adding to your stress, just call the people who clearly have the answers and go through the proper channels. Bye bye now.
P/S: If your car damage is minimal to none you can still do Lyft or delivery until they need the car to get it fixed (Postmates, Grubhub, Amazon Flex, etc)
 

Launchpad McQuack

Well-Known Member
So is driving without proper insurance - an even greater violation. In fact, he could lose a legal case due to the fact that he was not properly insured and, therefore, should not have been operating his vehicle on the roads in a commercial capacity in the first place.

Don't snuff at that. That argument wins very often in court in cases where one party isn't uninsured, but driving without a valid license. As far as the law is concerned, one is as aggregious as the other.
In that case, having a dash cam isn't going to make a lick of difference.
 

PorkRollUberAndCheese

Well-Known Member
Your personal insurance policy stops coverage the instant you go online unless you have the Phase 1 "gap" coverage, or a full commercial policy. Without that Phase 1 coverage during the time you're online and waiting for a ride, legally, you're driving as an uninsured motorist meaning that, if discovered, you can be refused coverage by either insurer in the event of an accident as well as being liable for associated claims.



So is driving without proper insurance - an even greater violation. In fact, he could lose a legal case due to the fact that he was not properly insured and, therefore, should not have been operating his vehicle on the roads in a commercial capacity in the first place.

Don't snuff at that. That argument wins very often in court in cases where one party isn't uninsured, but driving without a valid license. As far as the law is concerned, one is as aggregious as the other.

Of course, he has a witness! Who do you think reported the accident to Uber?
What in the blue hell are you talking about?

Uber is regulated in the state of New Jersey. He had a passenger in the car, so he's covered fully by Uber's commercial insurance that's provided to us by Allstate. The only issue here is that this guy reported it to his personal insurance instead of Uber. His personal insurance should not be involved *at all*.
 

RogueErik

Active Member
What in the blue hell are you talking about?

Uber is regulated in the state of New Jersey. He had a passenger in the car, so he's covered fully by Uber's commercial insurance that's provided to us by Allstate. The only issue here is that this guy reported it to his personal insurance instead of Uber. His personal insurance should not be involved *at all*.
Uber will make you inform your insurance company before they cover the accident. Although Uber’s policy covers the accident, your private insurance policy may be a way for them to recoup. I.e. if I have 2 policies covering my house and it burns down they will split the claim, they won’t both payout the policy limit. It prevents insurance fraud.
 

DontGoToPaterson

Well-Known Member
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Uber will make you inform your insurance company before they cover the accident. Although Uber’s policy covers the accident, your private insurance policy may be a way for them to recoup. I.e. if I have 2 policies covering my house and it burns down they will split the claim, they won’t both payout the policy limit. It prevents insurance fraud.
here's the damage. Its minor. I'm fully covered and already called my insurance and told them about the accident but I didn't mention uber. I have an appt with uber tommrow
 

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VictorD

Well-Known Member
What in the blue hell are you talking about?

Uber is regulated in the state of New Jersey. He had a passenger in the car, so he's covered fully by Uber's commercial insurance that's provided to us by Allstate. The only issue here is that this guy reported it to his personal insurance instead of Uber. His personal insurance should not be involved *at all*.
That is correct. And in that regulation is the requirement that any insured driver who utilizes his/her vehicle for any commercial purpose obtain proper commercial insurance. For rideshare in NJ that means Phase 1 "gap" insurance on top of your regular policy that meets the proper coverage thresholds. Failure to carry said "gap" insurance is tantamount to operating an uninsured business in the state.

And no, he's NOT "covered fully by Uber's commercial insurance." That "no questions" standard applies only to the pax. Uber can reject any claim for HIS losses simply on the basis that he was in non-compliance with the law and absent proper and required insurance at the time he suffered loss.

And, genius, whether or not Uber pays his claim, they will still be required to report the incident to his primary carrier because his personal insurance is the PRIMARY insurance under which HE is covered. For the driver, Uber's insurance is only secondary coverage that covers over and above what his PRIMARY insurance does not... which will likely be nothing because he wasn't carrying the legally-mandated commercial rider on his personal policy to do rideshare.
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Uber will contact his personal insurance to make sure he still has collision coverage. I am a bit surprised when making the claim with the personal carrier, they didn't ask if he was driving commercially, a standard question these days.
It doesn't matter. For the driver, Uber's insurance is only a secondary coverage provider. It is even clearly stated in the TOS that, for the driver, Uber's coverage is contingent so long "As long as you maintain comprehensive and collision coverage on your personal auto insurance, Uber’s insurance will kick in and provide physical damage coverage for your car up to its actual cash value, regardless of who is at fault."

What this means is that, for the driver, Uber's insurance ONLY covers loss due to physical damages to your vehicle contingent upon you also carrying the proper insurance. Uber does NOT pay injury claims for the driver. Any injuries you suffer are covered by your personal carrier.
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In that case, having a dash cam isn't going to make a lick of difference.
Video evidence is always beneficial. For all you know, that other driver could have been unlicensed. That other driver could claim that it wasn't him/her driving, or their vehicle.
 
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