Although Uber and other ridesharing services are rapidly becoming one of the most popular forms of transportation, they are also one of the least regulated. Many transportation options, including public transportation, taxis, and even commercial truck drivers are held to a higher standard than other motorists. The same is not true for Uber drivers.
With little to no formal training, these independent contractors often cause catastrophic collisions when they are distracted, drowsy, or drive recklessly.
When you have been involved in a rideshare accident, 1-800-Injured is here for you. You need proven Uber accident attorneys who can help you bring the liable party to justice and go up against Uber’s $1 million auto insurance policy.
Contact our team today to learn more about connecting with an Uber accident lawyer, whether you have the right to file a claim against Uber’s insurance provider after being injured in an Uber, who is at fault for causing your accident, and how much compensation you could be awarded if your Uber accident lawsuit is successful.
Disclaimer*
1-800-Injured is an attorney and medical referral service.
When You Have the Right to Seek Compensation After an Uber Accident
Uber is worth billions of dollars and takes steps to protect the company by providing its drivers with $1 million auto insurance policies. Uber drivers are covered by:
- $25,000 per accident in property damage liability coverage
- $50,000 per person and $100,000 per accident in bodily injury liability coverage
- $1 million in uninsured or underinsured motorist coverage
- A $2,500 deductible
- Comprehensive and collision
Unfortunately, an Uber accident lawyer knows that this coverage is not in effect at all times. Uber’s auto insurance coverage is only active when the driver is actively in the Uber app, waiting for a ride request, or actively transporting a passenger. At any other time, the Uber driver’s personal insurance policy should be in place.
If your ridesharing driver is found liable for causing the accident, you may have the right to file a claim against them as long as Uber’s $1 million insurance policy is active. Otherwise, you may need to file a claim against the Uber driver’s own liability insurance or even a claim with your own personal insurance company through your personal injury protection (PIP) coverage.
What to Do After an Uber Accident
The steps you take after an Uber accident should be calculated. This is because one wrong move could have a devastating impact on your ability to demand fair compensation from the liable party.
Your very first step should be getting yourself to safety. If you are physically capable of doing so, work with the Uber driver to move the vehicle from the middle of the road and out of traffic lanes. Next, be sure to call emergency responders and 911.
It is not unusual for liable parties to request that police not be called. There are many reasons for this, but in most Uber accident cases, drivers are uninsured, ready to deny liability, do not have a valid driver’s license, have active arrest warrants, or are under the influence of drugs or alcohol at the time of the collision.
In any case, it is crucial to get law enforcement officials at the ride sharing accident scene. Police will be able to file crash reports that details:
- How the accident happened
- Traffic conditions at the time of the car crash
- Surrounding property damages
- The condition of your involved vehicles
- The names and contact information of the Uber driver and other involved parties
- A description of your injuries
- An establishment of liability
Accident reconstructionists can then use these reports to re-create the collision and figure out who is responsible. When you call the police, it may also be in your best interests to reach out to a professional rideshare accident attorney. Your personal injury lawyer can meet you at the accident scene or hospital room and quickly start working on your case.
Once police have been called and you are waiting for legal help to arise, you can start collecting evidence at the accident seeing if your injuries do not prevent you from doing so. This evidence could be crucial in proving liability and negligence. Some examples of evidence you might obtain include:
- Photos of vehicle damages
- Video footage of the accident scene immediately after the motor vehicle wreck
- Photos of your injuries
- The Uber driver’s name, license plate number, and car insurance information
- The names, contact information, and statements from bystanders
- Photos of surrounding property damage caused by the accident
- A written down, detailed account of how the auto accident occurred
Once emergency responders arrive, you should seek medical treatment if you are seriously injured. If you do not get medical help, it is very likely the defense will attempt to use that against you. They may say you are embellishing the severity of your injuries or even that your injuries occurred in some other accident.
If you get medical attention right away, you are creating medical evidence to support your case against the liable party from the start. These medical records will also help to show the judge, jury, and insurance company how seriously your injuries have impacted and are expected to continue to impact your life.
Why Hire an Experienced Uber Accident Attorney?
Having a seasoned Uber accident lawyer working on your case could make it possible for you to maximize your financial compensation. When you are still recuperating from your injuries, the last thing you want to have to deal with is complex legal matters and jargon that is difficult to understand.
A diligent car accident attorney can handle the legalities on your behalf so you can devote more of your time and energy to the healing process.
Your personal injury attorney will be responsible for:
- Helping you obtain a medical lien
- Investigating the cause of your accident
- Gathering supporting evidence
- Quantifying non-economic damages
- Calculating your claim’s value
- Exploring ways to take legal action against the liable party
- Negotiating with insurance providers
- Preparing court documents and insurance claim filings
- Hiring accident reconstructionists
- Collecting forensic evidence
- Preparing your Uber accident lawsuit for trial
- Presenting your case before a judge and jury
- Regularly providing case status updates
What to Expect After an Uber Accident
Many Uber accident victims hesitate to call for help because they have concerns that they will not be taken seriously. They are unsure of how the claims process works and worry that they do not have grounds for a personal injury claim.
However, once you understand how Uber accidents work, you may feel more confident as you pursue the compensation that is rightfully yours through hiring an Uber accident lawyer.
Although every Uber accident victim’s case is different, the claims process is, more often than not, the same. It includes:
- Opening up an investigation into how the Uber accident occurred and what the Uber driver did wrong
- Collecting evidence that proves rideshare driver liability or third-party negligence
- Going over your damages to accurately calculate the value of your Uber accident insurance and civil claims
- Reviewing Uber’s $1 million auto insurance policy
- Reviewing the rideshare driver’s personal auto insurance policy
- Considering whether to file a claim against your personal auto insurance policy
- Negotiating with the insurance carrier of the Uber driver
- Appealing insurance claim denials
- Preparing to bring your Uber accident lawsuit to court
- Going through discovery
- Advocating for Uber accident victim’s rights before a judge and jury
Economic and Non-Economic Damages
Economic and non-economic damages describe every way an Uber accident victim’s life can be affected by the injuries the victim suffered and the collision itself.
Economic damages ensure victims are compensated for financial and out-of-pocket expenses while non-economic damages are subjective and can describe any loss that is not monetary.
Collectively, these damages are known as compensatory damages. Some examples of recoverable damages following an Uber accident include:
- Pain and suffering
- Lost wages
- Medical bills, including hospital and ambulance bills
- Prescription medication and co-pays
- Medical treatment and future healthcare costs
- Emotional distress
- Skin scarring and disfigurement
- Reduce starting potential
- Loss of enjoyment of life
- Mental anguish
- Loss of household services
- Embarrassment and indignity
How Shared Fault Works In Uber Accident Claims
One of the biggest shocks Uber accident victims face is being accused of sharing blame for the accident. If you are partially at fault, you may or may not have the right to move forward with your lawsuit.
Every state has different contributory negligence laws. In states with pure contributory negligence, sharing liability means you are prohibited from recovering compensation in a personal injury lawsuit. Thankfully, only a handful of states, including Alabama and North Carolina, follow pure contributory negligence systems.
Most states follow modified comparative negligence laws. Here, sharing liability does not necessarily mean you cannot receive an award for your Uber accident damages.
As long as your portion of liability is not greater than the state’s threshold, you can still proceed with your case. Florida, Massachusetts, and Texas are just a few states that follow modified comparative negligence rules.
Other states adhere to pure comparative negligence laws. Alaska, Kentucky, and California are a few examples of states that allow injury victims to recover compensation for their damages no matter what their portion of liability is. You can be 99% at fault and still receive an award for that one percent of blame that is not yours.
Unfortunately, liable parties attempt to capitalize on these state laws to reduce their own financial responsibilities to Uber accident victims. Your rideshare accident lawyer will be sure to investigate the cause of your accident and work tirelessly to protect you against allegations of shared blame.
Statute of Limitations for Uber Accident Claims
Your Uber accident claim must be filed before the statute of limitations passes. The statute of limitations is a deadline that determines how long you have to file your lawsuit in civil court. Each state has its own statute of limitations for personal injury claims, including Uber accidents.
In some states, the statute of limitations may be as little as one year, while others may allow injury victims up to six years to file suit. Your Uber accident attorney can give you a better idea as to how much longer you have to file your claim.
If your lawsuit is not filed before the statute of limitation deadline has expired, the court system will refuse to hear your case and you will no longer be able to recover the compensation you expected. The same is true if you were to file a claim with the insurance company.
You may have as few as two days to file your insurance claim before the insurance provider can deny you compensation for the types of amounts of coverage they are legally obligated to. For this reason, it is critical that you start working on your Uber accident case as soon as possible so you do not put your settlement in jeopardy.
Connect With Established Uber Accident Attorneys Today
The impact of your car accident injuries may be substantial now, and continue to have a significant impact on your life for the foreseeable future. It is crucial that you access the compensation that is rightfully yours so you can cover your expenses and start to move forward with your life.
An experienced Uber accident lawyer can help you demand the at-fault party compensate you fairly for your suffering. When you are ready to take back control of your life, reach out to 1-800-Injured for a free consultation. Fill out our online contact form or call us to get started as soon as today. We’ll connect you with a personal injury attorney who specializes in cases such as these.