If you have been involved in an Uber accident in Missouri, you can file a personal injury claim either with the driver’s car insurer or with Uber. Uber have a million dollar liability policy and a million dollar uninsured/underinsured policy which covers both the passenger and the driver for the period between when the driver accepts a passenger’s request and when the passenger exits the Uber. Basically, you are covered for as long as the Uber app is on. The driver’s own car insurance is used when an accident occurs while the driver is using the car for personal purposes.
So, what happens if the accident is fatal? Regardless of who died in the accident – the driver or the passenger – their kin are entitled to some sort of compensation through a wrongful death claim.
Wrongful Death Claim Following an Uber Accident
The state of Missouri is clear on the damages family members can recover following the death of a loved one through no fault of their own. They include funeral expenses; pecuniary losses as a result of the accident; loss of companionship, consortium, counsel, guidance, and comfort; and losses incurred between the time of the accident and when the deceased died.
Wrongful death claims are usually filed with the insurance of the party at fault for the decedent’s death. When an Uber is involved, it may be confusing determining who to submit the wrongful death claim to.
First of all, be sure to hire or at least seek counsel from an Uber accident attorney St. Louis before filing a claim. Not everyone is eligible under Missouri law to file a wrongful death claim following the death of a loved one. What’s more, the claim-filing procedures may be a little different to a personal injury claim given the fact that the actual victim of the accident is not alive.
If your loved one was aboard an Uber or was hit by an Uber as a pedestrian, you can file the claim with either Uber’s insurance or the car driver’s insurance. What determines who you will file the claim with is what the car was being used for when the accident happened. If the Uber app was on, i.e. the driver was on a trip, had accepted a passenger request, or was waiting for a passenger, the liable party is Uber.
On the other hand, if the Uber app was off when the accident happened, you will have to submit your wrongful death claim to the driver’s car insurance. This is regardless of whether the driver survived the accident or not.
When Uber is the liable party, its million dollar liability insurance will be used. If the damages exceed its limit, the difference will be covered by the driver’s insurance.
Your attorney will help you get a copy of the police report, medical reports, and other important documents so you know who to file the wrongful death claim with and exactly how much your claim is worth.