Ridesharing services like Uber have become a convenient way to get around. But what happens if you’re injured in an Uber accident? Determining liability in these situations can be tricky. Is it the Uber driver’s fault? Another driver on the road? Or is Uber itself responsible? If you’ve been injured in this scenario, understanding who’s liable is critical to ensuring you receive proper compensation.
Understanding Liability in Uber Accidents
To figure out who’s liable in an Uber accident, you first need to understand how liability works in personal injury cases. Liability refers to the legal responsibility for the damages caused in an accident. After an Uber accident, you may wonder whose insurance will cover your medical bills, lost wages, and other losses. The answer depends on several factors, including who caused the accident and whether the driver was actively working for Uber at the time.
The Role of the Uber Driver
The Uber driver is typically the first person considered when determining liability. Like any driver on the road, Uber drivers have a duty to operate their vehicles safely. If an Uber driver is distracted, speeding, or breaking any traffic laws, they may be found at fault for the accident.
Here’s where things can get complicated. Uber drivers are classified as independent contractors, not employees. This distinction limits Uber’s direct liability for the driver’s behavior in many cases. However, this doesn’t mean Uber is completely off the hook. We’ll explore that more in a moment.
Other Drivers on the Road
Sometimes, the Uber driver isn’t at fault. Another driver could have run a red light, rear-ended the Uber, or made an illegal lane change that caused the collision. If another driver’s negligence leads to an accident that injures you while you’re riding in an Uber, their insurance may be responsible for compensating you.
But what happens if multiple parties are at fault? For example, if both the Uber driver and another driver contributed to the crash? This is where cases can get complicated, and it might require an experienced attorney to prove liability percentages for each party involved.
Is Uber Liable?
What about Uber itself? While the company generally tries to distance itself from liability by classifying drivers as contractors, it does provide insurance coverage under certain circumstances.
Here’s how Uber’s insurance coverage works:
Off the App
If the driver isn’t using the Uber app and isn’t logged in when an accident happens, Uber’s insurance doesn’t apply. The driver’s personal insurance would likely be responsible for any damages.
Logged Into the App but No Passengers
If the driver is logged into the Uber app but doesn’t have a passenger and isn’t currently picking someone up, limited insurance coverage applies. Uber provides third-party liability coverage of up to $50,000 per person ($100,000 per accident) for injuries and $25,000 for property damage.
En Route or with a Passenger
When Uber drivers accept a ride or have a passenger in the car, Uber provides commercial insurance coverage, including up to $1 million in liability coverage and coverage for uninsured/underinsured motorists.
This means that if you were injured in an accident while riding in an Uber or while an Uber driver was en route to pick you up, there’s a high chance Uber’s insurance will come into play. However, filing a claim against Uber’s policy isn’t always straightforward, which is why legal guidance is so important.
Why You Need Legal Representation
It’s one thing to know the basics of Uber accident liability; it’s another to get the compensation you deserve. Whether it’s Uber’s or another driver’s, insurance companies often aim to minimize payouts. They might try to deny your claim, argue about your injuries, or shift the blame elsewhere. This is where having an experienced personal injury attorney can be life-changing.
How an Attorney Can Help
Investigating the Case
An attorney can investigate the accident thoroughly, gathering evidence such as police reports, witness statements, and surveillance footage to determine exactly what happened and who was at fault.
Communicating with Insurance Companies
Dealing with insurance adjusters can be stressful and confusing, especially if they’re pressuring you to settle quickly. An attorney will handle negotiations for you and ensure you don’t settle for less than you deserve.
Calculating Damages
Beyond the obvious costs like medical bills and vehicle damage, accidents often result in additional losses like lost income or emotional distress. A lawyer will ensure all these factors are considered in your claim.
Filing a Lawsuit if Necessary
If negotiations don’t lead to a fair settlement, a personal injury attorney can file a lawsuit and represent you in court, fighting for your right to compensation.
When Should You Contact a Lawyer?
It’s wise to contact a personal injury attorney as soon as possible after an Uber accident. Evidence can disappear, and witnesses’ memories fade over time. The sooner an attorney can start building your case, the better your chances of receiving fair compensation.
San Rafael Uber Accident Attorney
Navigating the complexities of liability and insurance following an Uber accident can be challenging. If you or a loved one have been involved in such an accident in San Rafael, CA, partnering with experienced legal professionals can make all the difference in ensuring fair compensation and representation. At Kuvara Law Firm, we specialize in personal injury cases, including those involving rideshare accidents. We invite you to reach out for a consultation to discuss your situation with our knowledgeable legal team, so we can guide you through each step of the process. Contact us today at (628) 240-1014 to ensure your rights are protected and to take that crucial step toward securing the compensation you deserve.