Getting hurt in a rideshare accident with an Uber driver or vehicle is upsetting and stressful. You have to handle the many difficulties of a car accident, as well as your injuries and how to file a claim to receive compensation. What happens if the insurance doesn’t cover your injuries? Can you file a lawsuit against Uber? You can file a claim or lawsuit against the liable party, but which insurance policy covers your damages depends on the case.
Learn how to sue and receive compensation in an Uber accident claim below. A rideshare accident attorney in your community can answer any follow-up questions.
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Understanding Uber’s Liability In An Auto Accident
Sorting out who is liable and will pay for damages in a car accident can be tricky. The matter may grow in complexity if an Uber driver is involved in the crash. Uber is a technology company, not a cab company, and the legal landscape is more complex in these accidents.
It’s important to remember that Uber drivers are independent contractors, not employees. This matters significantly when deciding who pays for damages and injuries after a rideshare accident.
How To Sue If The Uber Driver Is Liable
Suppose an Uber driver hits you, or you are an Uber passenger when the driver gets in an accident. You can sue Uber or the driver if you’re hurt or your vehicle is damaged. You can file a claim regardless of whether the Uber driver hit you or was a passenger. However, who to sue depends on the circumstances of the accident and the driver’s status at the time.
Uber Driver Off The Clock
If the Uber driver wasn’t on the clock and the Uber app was off, they were not working when the accident happened. In this case, the driver’s personal auto insurance is in effect. So, just because the car is used for Uber rides sometimes doesn’t always mean that Uber is responsible.
Many states require that all drivers have at least $25,000 of bodily injury protection per person and $50,000 per accident. An Uber driver’s personal insurance policy would generally cover your injuries if you suffered an injury when the driver wasn’t driving for Uber.
Driver Was Carrying A Fare
If the Uber driver had a fare at the time of the accident, the Uber insurance policy should be in effect. This is important for severe accidents because Uber has a $1 million liability policy and $1 million in property damage coverage. Your Uber accident attorney will carefully investigate the accident to determine if the driver was on the clock and carrying a passenger when the crash occurred.
Driver Was Waiting For A Ride Request
If the driver didn’t have a fare, had the Uber app on, and was waiting for a fare, Uber has $50,000 in bodily injury coverage per person, $100,000 per accident, and $25,000 in property damage coverage.
So, whether you were a passenger in the vehicle or driving another vehicle, you may be entitled to damages if the Uber driver caused the crash. The critical point is whether they were working when the accident happened. That affects which insurance policy must pay for your losses.
How To Prove The Uber Driver’s Status When The Crash Happened?
After a crash, there’s almost no way to be positive about the Uber driver’s status during the incident. That’s ok. Wait for the police and get the driver’s information and the police report. There’s a good chance your rideshare accident attorney will file a personal injury claim against the driver and Uber and let them figure out liability. Your attorney also can get an answer from Uber about whether the driver was working when the crash occurred.
Always have a rideshare accident attorney help if you’re in an accident with an Uber driver. Uber has deep pockets but will try to pay less than you deserve.
Common Uber Accident Injuries
You should always hire an Uber accident lawyer when hurt by someone’s negligence because crash injuries can be severe, expensive, and debilitating. Even a ‘minor injury,’ such as soft tissue injury, can be painful and hard to treat. Common soft tissue injuries in Uber accidents are:
- Whiplash
- Torn ligaments and muscles
- Back injuries and pain
- Back spasms
- Strains and sprains
- Bruises
- Facial bruises and cuts
Insurance companies may attempt to downplay these serious soft tissue injuries, but your Uber accident attorney will maximize your compensation. You also can have more severe injuries that demand substantial additional compensation:
- Traumatic brain injuries
- Concussions
- Spinal injury and paralysis
- Internal injuries
- Broken bones
- Dislocated joints
- Burns
- Severe cuts and lacerations
You can have severe injuries that take months or years to heal. You may also need future surgeries and rehabilitation to get back to health. These treatments are expensive in the US, and you will need a lot of money to get the care you need. A personal injury attorney will ensure you get all the money you need for future medical care.
How To Prove Liability For An Uber Accident
Uber drivers must drive according to the law and as safely as possible, just like every other driver. Failure to do so can lead to them being held responsible in a personal injury claim or lawsuit if there is an accident. You and your attorney must show that the liable driver was responsible for the accident and caused your injuries. Critical evidence to prove the Uber driver is liable may include:
- Accident reconstruction expert testimony: Your attorney has a network of experts who can provide evidence for your case, including accident reconstruction specialists who will show how the crash happened.
- Medical bills and records: Your doctor and medical records play an important role in proving the extent of your medical expenses and treatment needs. Your attorney will work with your doctor to explain your medical needs to the insurance company or jury after the accident.
- Photos and videos of the crash scene: Pictures and footage of the accident scene and vehicles may play a critical role in establishing fault. Obtain visual evidence of the crash scene immediately after the accident.
- Police accident report: Ensure that you stay at the crash scene until the police arrive so you get a copy of the police report.
- Surveillance footage of the accident: A traffic camera, dash camera, or business security camera can have footage of when the accident happened.
- Eyewitness testimony: Accident witnesses may be asked to testify about how the crash happened and who caused it.
You should gather accident evidence, such as eyewitness statements and photos, as soon as possible. The longer you wait, the more likely that important evidence will disappear. It’s also important to promptly retain an Uber accident attorney to ensure your attorney collects evidence before it disappears.
Damages Available In An Uber Accident Claim
The potential compensation after an Uber accident can be considerable. You can have large medical bills, a totaled vehicle, lost work time, and pain and suffering - all because of someone’s negligence. An Uber accident attorney will help accurately total your losses and get the most money possible.
The first category of damages is economic, including medical bills and lost income. You should receive full compensation for your past and current medical expenses. You should also receive funds for future medical expenses if you have a long recovery.
You should also receive compensation for lost income to date and in the future. A severe accident that results in a disability can also mean compensation for the lost ability to earn a living.
The second category of damages is non-economic and includes funds for pain and suffering, as well as mental anguish. Your attorney will work with your medical team to document your degree of mental and physical suffering. Then, your Uber accident lawyer will demand fair compensation for your non-economic damages from the insurance company.
What Affects Your Rideshare Accident Compensation?
Everyone wants to receive the most compensation for their Uber accident injuries. But how much can you get? It’s impossible to state what you will receive in an Uber accident settlement because every case is unique. With any personal injury claim, however, several factors will influence compensation:
- How severe the injuries are: Someone with a severe injury will receive higher compensation than someone with a minor injury. A severe injury, such as brain trauma, has higher economic and non-economic damages, so compensation will be greater.
- The extent of medical care: A person with a catastrophic injury requiring years of care will have a higher settlement amount than someone with an injury that heals after a month of treatment.
- Amount of insurance: How much insurance is available also influences the size of the settlement. The Uber insurance policies have higher coverage limits, so you could receive more if the driver was working when the crash happened.
- Who was at fault: If the Uber driver caused the accident, you can receive more compensation than if you were partially to blame.
- Settlement or jury verdict: A settlement may lead to lower compensation than if a jury finds in your favor. However, a jury is unpredictable and can rule against you. Jury trials also take longer to resolve than a settlement. For these reasons, most Uber accident claims end with a settlement.
- Whether you retain an attorney: Uber and auto insurance companies pay skilled lawyers to offer small settlements to injury victims who don’t hire attorneys. You should level the playing field by having an Uber accident attorney negotiate.
Should You Hire An Uber Accident Attorney?
Yes. When another driver causes an accident that injures you, you’re entitled to compensation for your losses. Maximizing your compensation means you should always hire a rideshare accident attorney to represent you. Your attorney will go up against Uber and the insurance adjuster to get you the most money for your losses. Some things your attorney will do to resolve your case are:
- Negotiate the maximum settlement with the insurance company.
- Determine the full value of your case and negotiate a settlement based on that number.
- Advise you about critical laws, regulations, and deadlines that affect your claim.
- Collect critical evidence to prove fault.
- Handle all legal and administrative communications and paperwork so you can focus entirely on recovery.
- Take the case to court and persuade the jury, if needed.
An underestimated benefit of retaining a personal injury attorney is regarding medical treatments. Many car accident victims are out of work and have difficulty paying for medical treatment expenses as they are incurred. Consequently, some doctors may be reluctant to treat auto accident victims.
Your auto accident attorney may have connections to medical professionals who will treat you today and delay requiring payment until your case is resolved. It usually involves setting up a medical lien so that your doctors are paid first when the case settles. Then, your attorney deducts their legal fees, and you receive the balance in your bank account. The medical lien process is a critical service your attorney coordinates to ensure you receive excellent medical care.
Most rideshare accident victims find it invaluable to retain an Uber crash attorney at the start of the process. Rideshare accident claims are more complicated than conventional claims, and you should always have an attorney representing your rights.
Contact A Rideshare Accident Attorney Today
Were you hurt in a recent rideshare accident? It’s frustrating to get hurt, be out of work, and be unsure who should pay for your damages. An Uber accident attorney can review your case today for free and lay out your legal options. Contact a rideshare accident lawyer in your city today for additional information.
You don’t pay any legal fees unless your attorney obtains compensation for you. An Uber accident lawyer works by a contingency fee arrangement, so you only pay legal fees from any compensation you receive. It means you can get excellent legal assistance even when you’re hurt and unable to work.