I was driving Uber and had an accident where I was at no fault. I have the video footage which exactly shows that. Now

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Customer: Hi, I was driving Uber and had an accident where I was at no fault. I have the video footage which exactly shows that. Now the insurance company of Uber acknowledges that it is a no fault claim but denies to provide any coverage for alternate transportation (rental car) until my car fixed which may take 2-3 weeks on the ground that the policy does not support. My question is: if I am at no fault and the other party insurance is verified by my insurance company, am I entitled to get the rental car coverage regardless the policy covers it or not? My idea is that for a no fault accident, if the other party insurance is verified, I should get it. Requested your advise on this.
JA: What state are you in? It matters because laws vary by location.
Customer: Ontario
JA: What steps have you taken so far?
Customer: I talked to the insurance adjuster and he keeps denying
JA: Anything else you want the Lawyer to know before I connect you?
Customer: no, that's it until now
Answered by MichaelH925 in 2 hours 1 year ago
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MichaelH925
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MichaelH925
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MichaelH925
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MichaelH925, Expert

Hi, I am happy to assist. Kindly give me a moment to review the matter and put together an answer.

Customer
Hi Michael, sure. I will wait for your expert opinion.
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MichaelH925, Expert

Sorry to hear that you were in an accident. I am an insurance defence lawyer in Toronto so you are speaking to the right person.

Unfortunately, if Uber's insurance policy did not have the addition for a rental car then they will not be covering the cost of one. This is an additional option that you/uber must have paid for when you initially got the insurance policy.

Regarding the other vehicles insurance, they will not cover the rental coverage. That is only something your own insurance company will do. However, if you were injured in the accident you can bring a lawsuit against the other driver. I would recommend a personal injury lawyer to assist you further if you proceed via lawsuit.

Customer
Thanks for your reply. Further to this as you mentioned the insurance company will not cover, can I sue the other driver for my financial loss because of her complete fault (i.e. for my rental car expense and the loss of my business for 3 weeks as I can't drive Uber for that period) through small claims court? If so, do I need a lawyer or I can do it myself and if I win the case, if the other party liable for the lawyer/court fee?
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MichaelH925, Expert

You can certainly sue the other driver under small claims court. You can represent yourself or hire a lawyer. If you win the case, you will not get all of your legal fees back. The costs award for legal fees is capped in small claims court to 15% of the value of the case.

I recommend that you speak with a personal injury lawyer or paralegal (That is experienced in personal injury) so that they can atleast assist you getting started. Best of luck!

Customer
Thanks Michael for your advice. I will certainly do that.
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MichaelH925, Expert

Thank you for visiting the website. I would really appreciate it if you can give me a 5 star review

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