As the popularity of rideshare services like Uber continues to grow, so does the number of accidents involving Uber drivers. If you’ve been involved in an accident while using Uber, it’s essential to understand your rights and legal options. In this comprehensive guide, we’ll explore the process of suing Uber after a car accident, covering everything from determining liability to seeking compensation
If you’ve been involved in an Uber accident, it’s essential to seek expert legal advice. At Maus Law Firm our experienced attorneys can help you understand the complexity of your case and guide you through the process of securing the compensation you deserve.
Can You Sue Uber?
The short answer is yes, you can sue Uber, but whether you should, and on what grounds, depends on the specifics of the accident. If you’re involved in a car accident with an Uber vehicle, several factors will determine your legal rights and options.
Factors Affecting Uber Accident Claims
When considering a lawsuit against Uber following an accident, it’s important to understand the factors that can affect your claim. These factors primarily revolve around the status of the Uber driver at the time of the accident, which can influence the extent of Uber’s liability and the insurance coverage available. Here’s a closer look at the different scenarios:
Off the Clock
If the Uber driver was not logged into the Uber app and was effectively “off the clock,” Uber is typically not liable for any accidents. In such cases, the driver’s personal auto insurance would be the primary source for any claims.
Available but Not En Route
When an Uber driver is logged in and available to accept ride requests but has not yet engaged with a passenger, Uber provides limited liability coverage. This usually includes third-party liability if the driver’s personal insurance does not apply.
En Route to Pick Up a Passenger or Transporting a Passenger
This is when Uber’s insurance coverage is at its highest. If the driver is en route to pick up a passenger or is already transporting one, Uber’s commercial insurance policy, including liability coverage and uninsured/underinsured motorist coverage, comes into play.
How Can I Sue Uber After an Accident?
If you’ve been involved in an accident with an Uber vehicle, you may wonder about your legal entitlement to sue the company. The right to pursue legal action against Uber or its drivers depends on several scenarios:
As a Passenger Using Uber’s Services
If you were a passenger in an Uber during the accident, you are generally covered by Uber’s insurance policy. In the event of driver negligence or a crash caused by another motorist, you can file a claim against:
- Uber’s Insurance: This may be your primary recourse for compensation.
- The Uber Driver’s Insurance: If the driver’s negligence caused the accident, their personal insurance might also be involved.
When Involved in a Collision with an Uber Driver While in Another Vehicle
If you were driving your own car or were a passenger in another vehicle that got into an accident with an Uber driver, you could sue for damages. Your options include:
- File a claim against the driver’s personal insurance if the Uber driver was at fault.
- File a claim against Uber’s commercial insurance If the driver was en route to pick up passengers or during a trip.
Uber Accident Settlements and Compensation
In the unfortunate event of an accident involving an Uber vehicle, understanding the potential settlements and compensation is necessary. Here’s what you need to know about the financial aspects of your claim:
Bodily Injury Liability
Uber provides insurance coverage for bodily injury liability, which can help cover medical expenses and other damages if you’re injured in an accident involving an Uber driver. The coverage limits are subject to the driver’s status at the time of the accident and state regulations.
Property Damage Coverage
If your property was damaged as a result of an accident with an Uber driver, you might be eligible for compensation under Uber’s property damage coverage. This coverage is designed to reimburse you for repairs or the replacement of your vehicle.
Uninsured or Underinsured Motorist Bodily Injury Coverage
In cases where the at-fault driver does not have sufficient insurance coverage, Uber’s uninsured or underinsured motorist bodily injury coverage can provide additional protection. This coverage can be particularly valuable if the other party’s insurance is inadequate to cover the full extent of your damages.
Can You Sue Uber as a Passenger?
The question of whether a passenger can sue Uber directly is a tricky one. Typically, the legal action taken after an Uber accident is not directly against the company but rather through their insurance or against the individual driver. Here are the details:
- Direct Lawsuits Against Uber: These are relatively rare and usually occur under specific circumstances where the company’s policies or actions are in question.
- Claims Against the Driver’s Insurance: More commonly, if an Uber driver’s negligence leads to an accident, the passenger may file a claim against the driver’s personal insurance.
- Claims Through Uber’s Insurance: Uber provides insurance coverage for passengers during the ride, which can be claimed if the driver is at fault.
It’s important to consult with an attorney who specializes in rideshare accidents to understand the best course of action for your situation.
Get Help From an Experienced Lawyer Today
If you’ve been involved in an Uber accident, don’t face the legal complexities alone. Maus Law Firm specializes in personal injury cases, including those related to rideshare accidents. Our experienced attorneys will fight for your rights, ensuring you receive fair compensation for your injuries, medical bills, and other damages. Contact us today for a free consultation. Remember, justice is on your side, and we’re here to guide you every step of the way.