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The average Uber accident settlement in 2026 is approximately $75,000, but values range from $6,000 for minor whiplash to over $25 million for wrongful death. Uber accident claims are uniquely complex because they involve up to four separate insurance policies, a tiered coverage system that changes based on the driver's activity status, and a mandatory arbitration clause that most passengers unknowingly agree to. Represented claimants recover 3.5x more on average than those who negotiate without an attorney.
$75K
Average Settlement
$1M
Uber Policy Limit
3.5x
More With Attorney
153
Deaths (2021-2022)
Uber's Insurance Coverage: The 4-Period System
Understanding Uber's tiered insurance system is the single most important factor in your claim. The coverage available to you changes dramatically based on what the driver was doing at the moment of the crash. The difference between Period 1 and Period 2 can mean the difference between $50,000 and $1,000,000 in available coverage.
| Period | Driver Status | Liability Coverage | UM/UIM | Comp/Collision |
|---|---|---|---|---|
| 0 | App off | Personal insurance only | Personal only | Personal only |
| 1 | App on, waiting for request | $50K/person, $100K/accident, $30K property | None | None |
| 2 | Ride accepted, en route to pickup | $1,000,000 | $1,000,000 | Up to ACV ($2,500 deductible) |
| 3 | Passenger in vehicle | $1,000,000 | $1,000,000 | Up to ACV ($2,500 deductible) |
Who Insures Uber? The Aleka Insurance Story
From 2013 to 2019, Uber's primary insurer was James River Group. James River dropped Uber after declaring the account unprofitable, having incurred significant losses. Today, Uber's insurance is underwritten by a mix of carriers including Progressive, Allstate, and Farmers, depending on the state. Uber also self-insures through Aleka Insurance Inc., a captive insurer that assumed $345 million in legacy liabilities from the James River era.
This matters for your claim because claims handling quality varies by carrier. Aleka-administered claims (legacy cases) have drawn criticism for slow processing and aggressive dispute tactics. Knowing which carrier handles your claim helps your attorney tailor their negotiation strategy.
State Exceptions to Standard Coverage
| State | Exception |
|---|---|
| California | Additional $200,000 excess liability during Period 1; SB 371 reduced UM/UIM to $60K/$300K (effective Jan 1, 2026) |
| Nevada | $1,500,000 during Periods 2 and 3 (highest in the country) |
| Colorado | UM/UIM minimums of $200,000/person, $400,000/accident under HB 1326 |
| Texas | Drivers must be 25 years or older as of August 2024 |
Uber Accident Settlement Values by Injury Type
Uber accident settlement values depend primarily on injury severity, medical treatment costs, and the insurance coverage available based on the driver's period status. Because Uber provides $1,000,000 in coverage during active rides, severe injury claims have significantly more room to recover full compensation compared to standard car accident claims where the at-fault driver may carry only $30,000 to $100,000 in coverage.
| Injury Type | Settlement Range | Notes |
|---|---|---|
| Whiplash | $6,000 - $25,000 | Most common rideshare injury; up to $50K+ with complications |
| Concussion / Mild TBI | $50,000 - $150,000 | CDC classifies as mild TBI; cognitive effects may persist |
| Herniated Disc | $100,000 - $1,350,000 | Wide range depending on surgical intervention needed |
| Fractures | $50,000 - $525,000+ | Varies by location and number of broken bones |
| Shoulder Injuries | $100,000 - $750,000 | Rotator cuff tears, dislocations, labrum tears |
| Knee Injuries | $50,000 - $200,000 | Meniscal tears, ACL/MCL damage requiring surgery |
| Spinal Cord Injury | $500,000 - $5,000,000+ | Permanent injuries often exceed the $1M policy limit |
| Traumatic Brain Injury (Severe) | $1,000,000 - $12,000,000+ | May require direct claims against Uber beyond the $1M policy |
| PTSD / Psychological | +20% to +40% | Increases total settlement when properly documented |
| Wrongful Death | $1,000,000 - $25,000,000+ | Often exceeds $1M policy; direct claims against Uber pursued |
Real Uber Accident Case Results
The following are documented Uber and rideshare accident case results from court records, verdict databases, and published legal sources. These cases illustrate the wide range of outcomes based on injury severity, location, and circumstances.
California Cases
| Amount | Location | Details |
|---|---|---|
| $63,000,000 | San Francisco (2024) | Wrongful death; Uber driver struck and killed pedestrian on Market Street. Jury found Uber 50% liable for negligent driver screening. |
| $10,000,000 | Los Angeles | TBI and spinal cord injury; Uber driver ran red light at high speed. Passenger required lifetime care. |
| $4,250,000 | San Diego | Multiple fractures and internal injuries; Uber driver failed to yield, T-bone collision with passenger vehicle. |
| $2,750,000 | Sacramento | Herniated disc with spinal fusion; rear-end collision during active Uber ride. Period 3 coverage applied. |
| $1,200,000 | Oakland | Shoulder injury requiring arthroscopic surgery; Uber driver distracted by phone while navigating. |
| $850,000 | Fresno | Herniated disc and radiculopathy; passenger claim, conservative treatment only. |
Texas Cases
| Amount | Location | Details |
|---|---|---|
| $8,500,000 | Houston (2023) | Wrongful death; Uber driver ran stop sign, killed father of three. Negligent screening claim against Uber. |
| $3,200,000 | Dallas | TBI; Uber passenger injured when driver fell asleep at the wheel. Plaintiff-friendly jury. |
| $1,400,000 | San Antonio | Multiple fractures; Uber driver struck pedestrian while looking at the app navigation. |
| $475,000 | Austin | Knee injury requiring ACL reconstruction; passenger in sideswipe collision. |
Colorado and Nevada Cases
| Amount | Location | Details |
|---|---|---|
| $2,100,000 | Denver, CO | Spinal cord injury; Uber driver rear-ended at high speed on I-25. Colorado's $200K/$400K UM/UIM stacked with $1M policy. |
| $975,000 | Colorado Springs, CO | Herniated disc with surgery; Uber passenger claim. Period 3 coverage applied. |
| $3,750,000 | Las Vegas, NV | TBI and facial fractures; Uber driver struck by DUI driver on the Strip. Nevada's $1.5M policy applied. |
| $1,100,000 | Reno, NV | Broken femur and ankle; pedestrian struck by Uber driver turning right on red. |
Why Uber Accidents Are Legally Different from Regular Car Accidents
A standard two-car collision involves two drivers and two personal auto policies. An Uber accident can involve three or more insurance policies, coverage disputes about driver status, mandatory arbitration requirements, and corporate legal protections that do not exist in regular car accident claims.
Multiple Insurance Layers
A single Uber accident can trigger up to four separate insurance policies:
- The Uber driver's personal auto insurance
- Uber's commercial/contingent insurance policy (tiered by period)
- The at-fault third party's personal auto insurance (if another driver caused the crash)
- The victim's own uninsured/underinsured motorist (UM/UIM) coverage
This creates complex disputes between insurers about which policy is primary versus excess, who pays first, and where coverage gaps exist. Each insurer has a financial incentive to shift liability onto the others.
Independent Contractor Shield
Uber classifies all drivers as independent contractors, not employees. This shields Uber from vicarious liability (respondeat superior) in most states. You generally cannot sue Uber directly for the driver's negligence the way you would sue an employer for an employee's actions.
California's Proposition 22, which Uber spent over $200 million to pass and which was upheld by the CA Supreme Court in July 2024, reinforced this independent contractor classification. However, you can still pursue direct negligence claims against Uber for: negligent hiring or screening of drivers, negligent retention (keeping dangerous drivers on the platform), negligent supervision, and product liability (app design that encourages distracted driving).
Period Disputes
Insurance companies routinely dispute which "period" the driver was in at the time of the crash. Since the coverage jumps from $50K/$100K/$30K in Period 1 to $1,000,000 in Period 2, the stakes of this determination are enormous. Uber's internal records showing the driver's app status become critical evidence. Screenshotting your trip details immediately after the accident can help establish the driver was on an active ride.
App Data as Evidence
Unlike regular car accidents, Uber accidents generate a digital trail: GPS data showing the driver's route and speed, trip logs confirming the driver's period status, driver ratings and complaint history, and Uber's RideCheck crash detection data. This data can be subpoenaed to prove liability, but Uber is known to resist broad discovery requests. An experienced rideshare attorney knows how to compel production of this evidence.
Uber's Arbitration Clause: What You Must Know
This is the section most Uber accident guides skip, and it may be the most important factor in your claim. Uber's Terms of Service contain a mandatory arbitration clause that fundamentally changes how your claim is resolved.
What the Arbitration Clause Does
- 1.Waives your right to a jury trial. Your case is decided by a private arbitrator, not a jury of your peers. Juries tend to be more sympathetic to injured plaintiffs, especially in serious injury cases.
- 2.Blocks class action lawsuits. You must pursue your claim individually. This prevents groups of injured passengers from combining their cases for greater leverage.
- 3.Limits discovery. Arbitration typically involves less evidence exchange than a full lawsuit, which can disadvantage plaintiffs who need Uber's internal safety data.
- 4.Results are usually binding. Unlike a court verdict, arbitration decisions are very difficult to appeal.
The 30-Day Opt-Out Window
Uber's Terms of Service include an opt-out provision: you have 30 days after accepting the terms to send written notice to Uber opting out of arbitration. The notice must be mailed to Uber's legal department and include your name, address, phone number, and Uber account email. Most passengers never know about this window and miss it entirely.
When the Arbitration Clause May Not Apply
Courts have found Uber's arbitration clause unenforceable in several situations:
- Claims involving minors. Children cannot consent to arbitration agreements. If the injured person is under 18, the clause may not bind them.
- Unconscionability. Some courts have found the clause procedurally or substantively unconscionable, particularly when the terms were not clearly presented.
- Third-party claims. If you were a pedestrian, cyclist, or occupant of another vehicle (not an Uber passenger), you never agreed to Uber's Terms of Service and the arbitration clause does not apply.
- Claims against the driver personally. The arbitration clause covers disputes with Uber Technologies, Inc. Claims against the individual driver may proceed in court.
Uber's Safety Record: What the Data Shows
Uber publishes a US Safety Report every two years. The most recent report covering 2021 and 2022 was published in August 2024. The data paints a mixed picture: Uber's per-mile fatality rate is lower than the national average, but the absolute number of deaths has increased significantly.
Uber Safety Report: Key Numbers (2021-2022)
| Metric | 2019-2020 | 2021-2022 | Change |
|---|---|---|---|
| Total Deaths | 101 | 153 | +51.5% |
| Fatal Crashes | 91 | 127 | +39.6% |
| Fatal Physical Assaults | 20 | 36 | +80% |
| Sexual Assault Reports | 3,824 | 2,717 | -28.9% |
| Fatality Rate (per 100M VMT) | N/A | 0.57 - 0.87 | vs. 1.3 national |
Leading Causes of Fatal Uber Crashes
32%
Speeding
Uber drivers rushing between pickups or racing to arrive at passenger locations
29%
Distracted Driving
Often caused by interacting with the Uber app for navigation, ride requests, or passenger communication
23%
Alcohol
Despite Uber's background checks, intoxicated driving remains a significant factor
15%
Wrong-Way Driving
Navigation errors or unfamiliarity with routes, especially common with newer drivers
What Academic Research Shows
Independent research paints a more complex picture than Uber's own safety reports suggest:
- National Bureau of Economic Research (2023): Ridehailing is associated with a 3% increase in overall traffic fatalities, approximately 987 additional deaths per year nationally. The economic cost: $9.5 billion per year, exceeding the $7 billion in consumer surplus that ridesharing generates.
- CDC Study: Each 100 additional rideshare trips per zone-hour increases the odds of an injury crash by 4.6%.
- Alcohol benefit: Ridesharing reduces alcohol-related traffic deaths by 6.1%, but this benefit is "wholly offset by increases in other crashes" according to a peer-reviewed systematic review.
The Uber Claims Process: Step by Step
Uber's claims process is designed to hand off responsibility to their insurer as quickly as possible. Understanding the timeline and each party's role helps you avoid common mistakes that reduce your settlement.
Report the Accident Through the Uber App
Open the Uber app, go to Your Trips, select the trip, tap Help, then "Report an Accident." Enter your contact information, accident description, and upload photos of the scene and vehicle damage. This creates a record that the accident occurred during an active Uber trip.
Uber Opens a Claim With Their Insurer
After your report, Uber contacts you, starts a claim with the appropriate insurance carrier, and provides a reference/claim number. From this point forward, Uber steps out of the process. You communicate directly with the insurance company, not Uber.
Insurance Investigation (30 to 60 Days)
The carrier acknowledges the claim within 40 days (in most states) and begins its own investigation. They will attempt to determine liability, the driver's period status, and the extent of damages. During this time, gather all medical records, bills, and documentation.
Medical Treatment and Maximum Medical Improvement
Continue all recommended medical treatment. Do not settle before reaching maximum medical improvement (MMI), the point where your doctor confirms your condition has stabilized. Settling before MMI almost always results in a lower payout because the full extent of your injuries is not yet known.
Demand Letter and Negotiation
Your attorney sends a demand letter to Uber's insurer documenting all damages: medical expenses, lost wages, pain and suffering, and future care needs. The insurer responds with a counteroffer. Negotiation follows until both sides reach agreement or the case proceeds to arbitration or litigation.
Settlement, Arbitration, or Litigation
Most Uber accident claims settle without going to trial. If your case does not settle and you are bound by Uber's arbitration clause, the case proceeds to private arbitration. If you opted out of arbitration or the clause is unenforceable, you can file a lawsuit. Once an agreement is reached, the insurer is required by law to send payment within 30 days.
Expected Timeline
| Case Type | Expected Timeline |
|---|---|
| Uber investigation phase | 30 to 60 days |
| Minor injuries, clear liability | 6 to 9 months |
| Surgery, disputed liability | 1 to 2 years |
| Cases going to arbitration | Add 3 to 12 months |
| Catastrophic injuries, multiple defendants | 2+ years |
| Payment after settlement agreement | Within 30 days |
State Laws That Change Everything
Rideshare regulation varies significantly by state. The state where your accident occurred determines insurance minimums, liability rules, the statute of limitations, and whether Uber is subject to additional requirements beyond the federal baseline. These differences can add hundreds of thousands of dollars to your available coverage or, in California's case, dramatically reduce it.
| Factor | California | Texas | Colorado | Nevada |
|---|---|---|---|---|
| Regulatory Body | CPUC | Chapter 2402 Occupations Code | TNCA (first state to regulate) | NRS Chapter 706A |
| Active Ride Coverage | $1,000,000 | $1,000,000 | $1,000,000 | $1,500,000 |
| Period 1 Extra | +$200K excess | Standard | $30K property (vs $25K) | Standard |
| UM/UIM (Active Ride) | $60K/$300K (SB 371) | $1,000,000 | $200K/$400K minimum | Uber opted out |
| Negligence Rule | Pure comparative | Modified (51% bar) | Modified (50% bar) | Modified (50% bar) |
| PI Statute of Limitations | 2 years | 2 years | 3 years | 2 years |
| Key 2025-2026 Change | SB 371: 94% UM/UIM cut | Age 25+ for drivers | HB 1326: doubled fines | AB 523: liability shield |
State-by-State Details
California
California is Uber's home state and headquarters. The California Public Utilities Commission (CPUC) oversees all Transportation Network Companies. Proposition 22, which Uber spent over $200 million to help pass and which was upheld by the CA Supreme Court in July 2024, classifies app-based drivers as independent contractors, blocking vicarious liability claims.
Critical 2026 change: California SB 371, effective January 1, 2026, slashed UM/UIM coverage for rideshare passengers from $1,000,000 to just $60,000 per person ($300,000 per accident). This represents a 94% reduction in protection when you are hit by an uninsured driver while in an Uber. Two competing 2026 ballot initiatives are in play: one would make rideshare companies "common carriers" with strict liability, while Uber's counter-initiative would cap contingency fees for rideshare accident attorneys.
California uses pure comparative negligence, meaning you can recover damages even if you were partially at fault. The state requires an additional $200,000 excess liability during Period 1 and mandates occupational accident insurance for drivers.
Texas
Texas regulates rideshare under Chapter 2402 of the Occupations Code, which requires annual background checks and safety inspections. Insurance requirements mirror the federal baseline: $50K/$100K/$30K in Period 1, $1M during active rides.
As of August 2024, Texas requires all new Uber drivers to be at least 25 years old. Texas is an at-fault state with modified comparative negligence and a 51% bar (you cannot recover if you are more than 50% at fault). Texas is known for plaintiff-friendly juries in Houston and Dallas, which can lead to higher verdicts in rideshare cases. The statute of limitations is 2 years.
Colorado
Colorado was the first state in the nation to regulate rideshare companies under the Transportation Network Company Act (TNCA). Colorado HB 1326 doubled TNC fines to $1,100 per violation, requires facial recognition checks for driver identity verification, and created new driver impersonation crimes.
Colorado stands out for its high UM/UIM requirements: TNCs must provide at least $200,000 per person and $400,000 per occurrence in uninsured/underinsured motorist coverage, significantly above the national baseline. Period 1 property damage coverage is $30,000 (vs. $25,000 in most states). Colorado uses a 50% comparative fault bar (stricter than Texas) and has the longest statute of limitations among these four states at 3 years.
Nevada
Nevada offers the highest rideshare coverage at $1,500,000 per accident during Periods 2 and 3, governed by NRS Chapter 706A. Nevada AB 523, effective October 1, 2025, created a vicarious liability shield for TNCs that maintain the required $1,000,000 in coverage. This is essentially a legislative truce: Uber gets legal protection in exchange for maintaining high coverage minimums.
However, there is a critical limitation: Uber has opted out of providing UM/UIM coverage in Nevada. This means if you are hit by an uninsured driver while in an Uber in Las Vegas, you must rely entirely on your own personal auto UM/UIM policy. Nevada uses modified comparative negligence with a 50% bar. The personal injury statute of limitations is 2 years.
Uber vs. Lyft: Key Differences
Uber and Lyft provide nearly identical insurance coverage structures. The differences are marginal for insurance purposes, but the arbitration clause and safety data create meaningful distinctions for claim strategy.
| Factor | Uber | Lyft |
|---|---|---|
| Period 1 Property Damage | $30,000 | $25,000 |
| Period 2-3 Liability | $1,000,000 | $1,000,000 |
| Mandatory Arbitration | Yes (aggressive) | Yes (less aggressive) |
| Reported Fatal Crashes (2021-22) | 127 | 97 |
| Reported Deaths (2021-22) | 153 | 107 |
| Background Checks | SSN + MVR (7 years), no fingerprints | SSN + MVR (7 years), no fingerprints |
| Crash Detection | RideCheck (sensors + GPS) | Smart Sensor (similar) |
| Self-Insurance | Aleka Insurance (captive) | Third-party carriers only |
Steps to Take After an Uber Accident
Stay at the Scene and Call 911
Do not leave the scene. Call 911 immediately to ensure police respond and create an official accident report. This report is critical evidence for your claim. If you are a passenger, request that the Uber driver remain at the scene.
Screenshot Your Uber Trip Details Immediately
Open your Uber app and screenshot your active trip details: driver name, photo, vehicle information, license plate, trip route, and ride status. This confirms the driver was on an active Uber trip at the time of the crash, which determines which insurance tier applies. This data can become harder to access over time.
Document Everything at the Scene
Photograph vehicle damage from multiple angles, the interior of the Uber vehicle, traffic signals, road conditions, skid marks, and your visible injuries. Get contact information from all witnesses. Note nearby businesses for potential surveillance footage.
Get Medical Attention Within 24 Hours
Go to the emergency room even if you feel fine. Adrenaline masks pain from serious injuries including whiplash, concussions, and internal bleeding. An ER visit within 24 hours creates a timestamped medical record linking your injuries directly to the accident. Delayed treatment gives the adjuster grounds to argue your injuries are unrelated.
Report Through the Uber App
Go to Your Trips, select the trip, tap Help, then "Report an Accident." Upload photos and your description. Uber will open a claim with their insurer and provide a reference number.
Do NOT Give a Recorded Statement
The insurance adjuster will contact you requesting a recorded statement. Decline politely. Anything you say becomes ammunition to reduce your claim. Direct all communication through your attorney.
Hire a Rideshare Accident Attorney
Uber accident claims involve multiple insurance layers, arbitration clauses, coverage disputes about which period the driver was in, and corporate legal protections. Represented rideshare claimants recover an average of 3.5 times more. Most attorneys work on contingency with no upfront cost.
Frequently Asked Questions
How much is the average Uber accident settlement?
The average Uber accident settlement is approximately $75,000 in 2026. However, values range enormously: whiplash settles for $6,000 to $25,000, fractures for $50,000 to $525,000, herniated discs requiring surgery for $100,000 to $1,350,000, traumatic brain injuries for $1,000,000 to $12,000,000+, and wrongful death for $1,000,000 to $25,000,000+. Represented claimants recover 3.5 times more than those without an attorney.
Does Uber's arbitration clause prevent me from getting a fair settlement?
Not necessarily. Arbitration changes the process (private arbitrator instead of jury trial) but does not eliminate your ability to recover damages. Many significant Uber accident settlements have been reached through arbitration. The main disadvantage is that arbitrators tend to award lower amounts for pain and suffering compared to juries. The arbitration clause does not apply if you were a third party (pedestrian, cyclist, other driver) rather than an Uber passenger, if you opted out within 30 days, or if a court finds the clause unenforceable.
Can I sue Uber directly for my injuries?
Uber classifies drivers as independent contractors, shielding the company from vicarious liability. However, you can pursue direct negligence claims against Uber for negligent hiring, negligent retention, negligent supervision, or product liability. These claims target Uber's own conduct, not the driver's actions.
What if I was a pedestrian or cyclist hit by an Uber driver?
If you were struck by an Uber driver as a pedestrian or cyclist, you are covered by the same Uber insurance tiers as passengers. If the driver was on an active ride (Periods 2 or 3), the full $1,000,000 policy applies. Crucially, as a non-passenger, you never agreed to Uber's Terms of Service, so the arbitration clause does not apply to you. You retain your full right to a jury trial.
How is Uber's insurance different from a regular driver's insurance?
The most common personal auto insurance policy carries $30,000 to $100,000 in liability coverage. Uber provides $1,000,000 during active rides, giving seriously injured victims significantly more room to recover full compensation. However, during Period 1 (app on, no ride accepted), Uber's coverage drops to just $50,000 per person, which may be comparable to or less than a regular driver's policy.
What is California SB 371 and how does it affect my Uber claim?
California SB 371, effective January 1, 2026, reduced UM/UIM (uninsured/underinsured motorist) coverage for rideshare passengers from $1,000,000 to $60,000 per person ($300,000 per accident). This is a 94% reduction. If you are hit by an uninsured driver while riding in an Uber in California, the maximum UM/UIM coverage from Uber's policy is now $60,000 instead of $1M. This makes your personal auto UM/UIM coverage critically important as a supplement.
How safe is Uber compared to driving yourself?
Uber reports a fatality rate of 0.57 to 0.87 per 100 million vehicle miles traveled, lower than the national average of 1.3. However, this comparison is misleading because 97% of Uber fatalities occur in urban areas at lower speeds, while the national rate includes high-speed rural highway driving. Independent research from the National Bureau of Economic Research found that ridehailing is associated with a 3% increase in overall traffic fatalities nationally, suggesting the total effect on road safety is negative despite lower per-trip risk.
Do I need a lawyer for an Uber accident claim?
Uber accident claims are significantly more complex than regular car accident claims because they involve multiple insurance policies, coverage disputes, arbitration clauses, and corporate legal protections. Represented rideshare claimants recover 3.5 times more on average, even after attorney fees. Given the complexity of navigating Uber's tiered insurance system, arbitration requirements, and the insurer's tactics, legal representation is strongly recommended.
How long does an Uber accident settlement take?
Uber's initial investigation takes 30 to 60 days. Minor injury cases with clear liability settle in 6 to 9 months. Surgical cases or disputed liability take 1 to 2 years. If the case goes to arbitration, add 3 to 12 months. Catastrophic injuries with multiple defendants can take 2+ years. Do not settle before reaching maximum medical improvement.
What if the Uber driver was intoxicated?
If your Uber driver was driving under the influence, Uber's $1M policy still applies during active rides regardless of intoxication. You may also have grounds for a direct negligence claim against Uber for negligent screening, especially if the driver had prior DUI offenses. DUI involvement often opens the door to punitive damages, which can multiply your total recovery well beyond compensatory damages.
Calculate Your Uber Accident Settlement
Every Uber accident case is unique. Your settlement depends on your specific injuries, the available insurance coverage (which period the driver was in), your state's laws, and whether the arbitration clause applies. Use our free AI settlement calculator to get a personalized estimate based on your actual case details.
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