Legal Question in Personal Injury in California
Hello. I am a driver for Uber. What happens if a passenger I drive gets seriously injured, or God forbid even killed in an accident. Am I, as an Uber driver, liable and subject to a potentially massive lawsuit? I realize the answer may depend on whether or not the accident was my fault, but I basically want to know if I am subject to a devastating lawsuit, or would Uber be the ones liable. Thanks.
Thanks,
James
3 Answers from Attorneys
According to Uber in most of the lawsuits on this subject - you. According to California law on the subject - you and probably Uber jointly and severally, meaning the injured party could recover from you and Uber in whatever proportion the injured party chooses.
As an Uber driver you are probably using your own private vehicle, with your own noncommercial insurance policy for commercial purpose. Uber will argue that you are an independent contractor in the event of an accident. You are the person, as well as any other party that may contribute to causing the accident will be held liable. Moreover, your insurance will not cover you unless you have purchased a commercial policy. So, if you have assets such as real estate, stocks or bonds, you will most probably lose those once a judgment is obtained against you. By the way, as a provider of public transportation service you will likely be adjudged under strict liability which carries less of a burden to prove.
Bottom line you and your assets are completely exposed.
Historically this is the same sort of thing that happened to Dominos Pizza drivers back in the day when they drove their own vehicles to deliver pizza and didn't have commercial insurance. What's happening with Uber is bleeding edge law (sometimes literally). Read up on Dominos and you'll learn something.
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