The short answer is YES, YOU CAN in certain car accident cases! Let’s explore why! After suffering injuries in car accidents, confusion and trauma often take the stage. And it may be challenging to determine who the liable party is and why they are the ones responsible unless you have vast training, knowledge, and experience that typically only a lawyer might possess. It’s even more confusing when a car accident involves an Uber vehicle as the victim is unsure whether they should file a personal injury lawsuit against Uber or the driver to recover compensation for their loss.
Ehline Law and our most experienced attorney, Michael Ehline, have helped over 3,000 injured victims since 2005. We know how complex Uber’s insurance policy can get and how to help Uber accident victims navigate these challenges. Contact our Uber accident attorney to learn more about your rights to Uber’s insurance coverage limits if you’ve suffered injuries or lost someone due to a wrongful death in an Uber accident.
Can I Hold Uber’s Insurance Company Liable for Injuries in an Accident?
To begin with, an insurer is never liable, as it is just a commercial insurance company the Uber driver pays to cover a loss. As you can see, an Uber accident is not as straightforward as a typical car accident, and navigating around Uber’s rules can be more complex than you think. Previously, Uber used to avoid liability as they referred to their Uber drivers as independent contractors and not employees. This made it difficult for injured victims to sue Uber and hold them responsible for their injuries.
However, after intense pressure from the media after many cases started making headlines, Uber now carries a $1 million liability coverage for any injuries or damages arising in an Uber car accident. However, it is essential to note that just because a Uber driver is in an Uber car doesn’t mean injured victims will always be able to access the $1 million liability coverage. The idea behind such coverage is if the at-fault driver decided to drive like an idiot, the wounded passenger could get compensated for things like medical costs and lost wages of lost contracts the victim is incapable of fulfilling.
The following is what you need to know about Uber’s Uber driver insurance company and its policy:
- If you’re an Uber passenger who suffers injuries during an Uber ride, an experienced lawyer can help you access up to the potentially available $1 million in liability coverage.
- If there were no passengers in the Uber car, the liability coverage might not apply, and you may have to pursue compensation against the driver’s personal auto insurance policy.
- Uber itself may also have coverage from this rideshare company’s insurance provider in some cases.
In some cases, the driver may have additional insurance coverage beyond that provided by Uber. Still, the passengers may not be able to reach the $1 million that is often available to most passengers injured in an Uber case without a good lawyer. If not, you cannot access the driver’s underinsured liability insurance coverage policy limits. In other words, without experienced attorneys, the ride-hailing service gets off the hook, and your loved ones are left footing the bill for your future medical care and other problems for the rest of your life. Is that really what anyone wants?
Of course, without the best attorney, Uber could still deny liability, and your only choice is to hope another vehicle involved will cover the loss. So good luck to all of you unrepresented Uber passengers with serious injuries if you don’t have the right attorney, even if you do have your own insurance!
Can I Sue an Uber Driver If They’re Not Directly at Fault?
Absolutely. Even if Uber refuses to accept liability, if you’re an injured passenger in an Uber accident, you must file a claim against the driver and their insurance company if the driver is responsible for your injuries. A typical car insurance policy does not have enough coverage, which is why Uber provides up to $1 million in liability coverage to cover medical expenses. However, as discussed, you must still prove liability and only have up to two years to sue!
Who Should I File a Claim Against If the Another Driver Is at Fault?
Suppose you’re an injured passenger in an Uber accident, but the at-fault party is another driver who crashes into the Uber car. In that case, you will need to file a claim or a lawsuit against the responsible party’s insurance company. However, in such cases, the settlement amount would be much lower than if the Uber driver was at fault.
Can I Sue Uber for Injuries or Wrongful Death
Since Uber drivers are independent contractors, the ridesharing company will transfer the blame on their drivers to avoid liability, making it challenging for victims to sue Uber.
However, in certain situations, injured victims may be able to sue Uber. When Uber is negligent and their negligence results in injuries to another party, Uber may be liable for the damages caused by your particular car crash.
Uber must ensure their passengers’ safety, including conducting proper background checks and annual reviews. Suppose a driver with a criminal background gets onto the Uber app. The company may be responsible for the damages caused. There have been many sexual assault lawsuits filed against ridesharing companies recently, including Uber and Lyft. All of these complaints allege that the company failed to protect its passengers due to a lack of oversight in background checks.
Whether it is a car accident or physical or sexual assault, injured victims must reach out to experienced Uber accident lawyers to learn more about their legal options.
Damages You May Be Able to Recover in Your Uber Accident Claim
The damages injured victims recover varies from one personal injury case to another. A skilled personal injury lawyer can assess your case and guide you on the damages you can recover following your Uber accident. Typically, injured victims can pursue the following types of damages in an Uber accident claim.
These are also referred to as special damages, which compensate accident victims for the out-of-pocket expenses they incur after their accident.
Generally, there are three types of damages that fall under this category, and these include:
- Medical expenses: After an Uber accident, the victim may require medical treatment for their injuries. They can recover all types of medical bills in a personal injury claim, including hospitalization costs, surgery bills, medication costs, therapy and rehabilitation bills, and many other medical expenses.
- Lost wages: In some Uber accidents, victims suffer injuries that make it impossible for them to attend work for days, weeks, or even months. Permanent disability can affect their ability to work again. Under personal injury law, an accident victim may be able to recover lost wages (current, past, and future) and loss of potential future earnings depending on the circumstances of their case.
- Property damage: An Uber accident can lead to vehicle damage or other property damage for which accident victims can pursue personal injury claims.
Economic damages deal with out-of-pocket expenses, but there are other non-monetary losses that injured victims can seek compensation for. These are commonly referred to as non-economic or general damages. These may include pain and suffering, mental anguish, loss of quality of life, and many more.
Surviving family members may also pursue a wrongful death lawsuit if they’ve lost a loved one in an Uber accident in California.
There may be other damages that are unique to your case, which is why it is crucial that you discuss your Uber accident case with an experienced personal injury lawyer. Money can never replace a loved one or bring them back, but it can help you financially recover from the incident’s aftermath and give you some closure.
Most Uber Accident Cases Settle Outside of the Court
Like any other personal injury case, most Uber accident cases also settle outside of court, as going to court can be lengthy, time-consuming, and financially taxing. Outside court settlement is a great way to resolve a dispute for all the parties involved; however, in some cases, it is best to proceed with the lawsuit in court.
An experienced personal injury attorney can help review the facts surrounding your Uber accident case and let you know whether settling outside the court or going to trial is the best legal option for you.
If the attorney feels that it is best to proceed with a lawsuit in court, it could be long before the court gives a verdict, and you will have to remain highly patient during this process. However, going to court and winning means you’ll secure a more significant Uber accident compensation.
Steps You Should Take after an Uber Accident
Whether a car accident or a physical or sexual assault, victims must take the following steps to protect their personal injury case:
- Gather evidence of the Uber accident by taking pictures and videos of the Uber vehicle and other vehicles involved, the injuries, the driver, and additional information that can help determine liability.
- Talk to witnesses and ask them for their contact details. Witness statements can help strengthen your case and improve your chances of financial recovery.
- Report the incident on the application to document the incident and call the police if necessary. Having law enforcement authorities arrive at the accident scene can lead to a police report which you must submit with your accident claim.
- Get medical assistance immediately after an accident. Even if you’re not injured, it’s best to get a medical evaluation done to determine any injuries that may not be so apparent immediately after your accident. Make sure to keep copies of medical reports, doctor notes, and the bills incurred following the Uber accident.
- It is also essential to maintain a journal where you write daily about the accident and how it continues to impact your life, the pain you’re experiencing, and the challenges you face. A well-maintained journal can help the jury understand the pain and your story if you decide to go to court.
- Seek help from an experienced Uber accident attorney. An attorney can add a lot of value to your case, help avoid all the challenges victims without legal representation face, and increase your chances of recovering financial compensation.
If you’ve lost a loved one in an accident involving an Uber vehicle, you need to contact an attorney to help gather the evidence and sue Uber or the driver by pursuing a wrongful death claim. You must seek legal guidance immediately as you may not have enough time, and waiting too long can taint the evidence required to hold the negligent party(s) accountable.
Schedule a Free Consultation with Ehline Law
Ehline Law is a superior personal injury law firm with a state and nationwide presence for being trustworthy, compassionate, and aggressive. We have recovered over $150 million in settlements and verdicts and are not afraid to sue Uber if they’re responsible for the damages.
If you’ve suffered injuries in an accident involving an Uber vehicle, contact us at (833) LETS-SUE for a free consultation, as you may be able to seek compensation. Whether it is the Uber driver or the company responsible for the injuries, we will aggressively pursue the insurance claim and fight for the compensation you deserve.
Michael Ehline is an inactive U.S. Marine and world famous legal historian. Michael helped draft the Cruise Ship Safety Act and has won some of the largest motorcycle accident settlements in U.S. History. Together with his legal team, Michael and the Ehline Law Firm collect damages on behalf of clients. We pride ourselves in being available to answer your most pressing and difficult questions 24/7. We are proud sponsors of the Paul Ehline Memorial Motorcycle Ride, and a a Service Disabled Veteran Operated Business. (SDVOB.) We are ready to fight.
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