Quick Law Guide: When to File Uber Car Accident Claims
Imagine you’re relaxing in the back of an Uber ride, watching the scenery pass by when suddenly you get blindsided by a car accident.
No one wants to be put in that kind of danger but unfortunately, accidents happen.
Luckily, it’s possible for victims of accidents involving an Uber driver to recover the full amount of their legal damages.
If you want to learn more about how to navigate Uber car accident claims, then you’ve come to the right place. Keep reading to learn how to get the Uber car accident settlement you deserve.
Uber Car Accident Claims
When you’ve been in an accident, there’s a lot to consider. You first have to file your insurance claim for damages you sustained because of the accident.
Your damages may include medical expenses, lost wages from having to be out of work, pain or suffering, emotional distress, ways it has affected your family, and property damage.
It also covers a reduced earning capacity if injuries are severe enough that your professional life has been impaired. Punitive damages are also included in the claim however they are rarely awarded in car accident cases.
Punitive damages punish the defendant for wrongdoing. Whereas accidents are often seen as an act of negligence. This is when the driver’s negligence had a substantial factor in causing the harm.
How To Get Justice for Your Injuries
It can be difficult to put a dollar amount on certain types of injuries such as pain and suffering. However, that doesn’t mean you can’t be compensated for them.
The compensation for these types of claims is many times higher than your actual medical bills since they can have a long-lasting impact on your life.
If you want justice and compensation for the damages done in an Uber car accident, then it’s best to hire a personal injury attorney from a reputable law firm. This helps guarantee you the maximum amount from your Uber car accident settlement.
They can also help you determine if a settlement offer is fair or not. This prevents you from agreeing to a settlement that is too low. They can also help you file a personal injury claim to receive your fair compensation if Uber refuses to make a fair settlement offer.
What Does Uber’s Insurance Cover?
Uber is a hugely popular ridesharing service so you can guess it also has extensive insurance coverage. They are able to compensate other motorists and Uber passengers in a crash.
In fact, Uber offers a $1,000,000 liability policy.
However, there are strict rules about when the Uber insurance policy applies. For example, victims in accidents can only rely on this coverage if either the Uber driver has accepted a rider on the Uber app or has the Uber app active. Or, the rider is in the Uber car en route to the destination. If Uber’s policy doesn’t cover the accident, then the Uber driver’s personal auto insurance policy applies.
The problem is that Uber only requires Uber drivers to carry the state’s minimum liability insurance. The exact details of this depend on that particular state’s requirements.
California State Insurance Requirements
In the state of California, the coverage for state minimum liability insurance is as follows:
- $15,000 for injury/death per person.
- $30,000 for injury/death to more than one person.
- $5,000 for property damage.
This may account for the majority of minor accidents. However, it’s probably not enough to cover the damages of a serious accident.
What If the Driver’s Insurance Policy Doesn’t Cover the Accident?
Uber also carries a backup policy if your Uber driver’s coverage doesn’t cover the crash. This provides more coverage than the state minimum protection. Although it might still be lacking in more serious cases.
- $50,000 for bodily injury per person,
- $100,000 for bodily injury per accident,
- $25,000 for property damage per accident.
Again, this only kicks in if the rideshare driver’s insurance policy doesn’t cover the accident. These amounts are considerably lower than the cost of some medical expenses acquired after a serious accident.
Why Is Uber Not More Liable?
The gray area when it comes to Uber’s liability in a car accident involving one of its rideshare drivers is that the company views drivers as independent contractors.
If these drivers were classified as hired employees, Uber would be considered vicariously liable for the Uber accident injuries caused by their driver’s negligence.
There is still a dispute over the legality of both Uber and Lyft drivers being considered independent contractors.
What Is Your Accident Claim?
Depending on your involvement in an accident involving an Uber driver, you may have an easier time with your Uber car accident settlement agreement.
When it comes to most car accidents, usually both drivers are considered partially to blame for the crash. However, each state has its own laws on where true negligence lies.
The victim’s compensation is also reduced if they were partially to blame for the crash. If you were the passenger of an Uber rideshare, then you are rarely considered at fault for the driver’s crash.
If you were a pedestrian or other motorist, then you might see a reduction in your injury case settlement due to shared negligence.
Why Do You Need An Uber Car Accident Attorney?
Even if you feel okay after the accident and don’t have any serious injuries, the long-term effects of a car crash can cause future expensive medical bills to rack up.
Your injury attorney can take a look at your case and get you the best possible compensation for your Uber car accident claims. Contact us today to receive a free consultation.