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Can I Sue Uber After an Accident as a Passenger?

An Uber Passenger booking a ride on Uber App for Daily Commute

If you are injured in a crash involving an Uber vehicle, you can sue the Uber company or the driver for compensation, depending on the circumstances. You can also sue the Uber driver in the other vehicle who hit you while driving irresponsibly. However, the compensation for your damages will depend on various factors, such as the driver’s liability, the extent of your injuries, and the relevant insurance policies.

Remember that Uber drivers are classified as independent contractors and not employees of Uber. As a result, Uber often tries to distance itself from any accident liability. If you’ve been injured in an Uber accident, you should contact a rideshare accident lawyer to assist you. Uptown Injury Law, PLLC, is a reliable law firm that can help you with your Uber accident case.

Uber’s Insurance Policy and Uber Lawsuits

If you’ve been involved in an accident as an Uber passenger, it’s crucial to understand what steps to take and your legal options for seeking compensation. 

What Should You Do After An Uber Accident?

Nearby accident witness calling 911 for the injured Uber passenger for emergency medical help and police inspection.

If you get injured in an Uber accident, you need to follow a few essential steps to ensure your well-being and safety, such as:

Call 911

One of the most crucial steps is to call 911 and report the accident to the police. This is because the police need to file a report that documents the details of the accident and their investigation. The police report has essential information that your lawyer needs to file your claim, such as:

  • Details of the accident scene and road condition.
  • Pictures of the cars, victims, and the accident scene.
  • Names and contact information for any witnesses, drivers involved, and passengers.
  • Statements by the Uber driver involved in the accident.
  • Drivers’ license and insurance details for all parties involved.

Check For Injuries

Seek medical help as soon as possible if you have been injured. Even if you are safe, getting examined by a medical professional is essential. Also, check if anyone else is injured and inform the police if necessary. 

The police can arrange an ambulance to take you and any injured parties to the hospital. Once you’re at the hospital, doctors will do vital tests to determine the extent of your injuries. These tests may include:

  • Physical examination
  • X-ray
  • CT scans
  • MRI

Take Pictures

Your lawyer will require pictures of the accident scene to build a strong case. Although the police officer will take photos of the accident site, it is recommended that you also take pictures of the motor vehicles involved in the accident, including the damage caused. Collecting information about the road conditions and the accident scene is also helpful in building a solid case.

Collect Information

Ask the Uber driver for their insurance details and get the same information from the other driver involved in the accident. Having the insurance information can be helpful in filing a claim against the at-fault driver.

Screenshot of Your Ride Details on the Uber App

Keep a record of your Uber ride by taking a screenshot of the ride information displayed on the Uber app. This will ensure you have a clear record of the ride details that can help you pursue an accident claim.

Does Uber’s Insurance Cover the Passengers in an Accident?

Yes, Uber’s insurance covers passengers involved in an accident. However, the amount of compensation available to you will depend on the driver’s status at the time of the accident.

Off-Duty Driver Scenario: If the Uber driver is off the clock and not available for rides, their personal car insurance is the only coverage that applies. In such cases, Uber’s insurance may not cover injuries from an accident involving an Uber vehicle. In New York, drivers must have $25,000 liability insurance per person, $50,000 per accident, and $25,000 in property damage.

Between Fares Situation: If the Uber driver is available but doesn’t have a passenger, their personal insurance comes into play. In addition, Uber provides insurance, which offers an extra $50,000 per person ($100,000 per accident) as liability coverage and an additional $25,000 for property damage.

Driver Carrying a Passenger: Uber’s comprehensive insurance coverage takes effect once an Uber passenger is in the vehicle. This entails $1,000,000 in liability and property damage.

Before taking legal action after an Uber-related accident, it’s essential to understand your role in the incident and the driver’s on-duty status. By being clear about the incident details, you can determine the best course of legal action and work towards receiving the compensation you deserve.

When Should You Consider Suing Uber After an Accident?

Seeking legal action against Uber is sometimes necessary to secure fair compensation for your injuries. Filing a lawsuit can be a preferred choice in various scenarios, such as:

1. When You Have Sustained Severe Injuries

If the medical expenses related to injuries exceed the insurance coverage provided by Uber, you may consider suing the company. However, this is a rare scenario as the insurance settlements are usually substantial enough to cover the Uber accident damages.

2. Insurance Company Denies Your Claim

When insurance companies refuse to acknowledge the validity of a claim or offer low settlements, you can sue Uber and the Uber driver to ensure fair compensation. Naming the driver in the lawsuit can add weight to the claim and prompt a more severe response from Uber.

Can You Sue an Uber Driver if He Hits Your Car?

If an Uber driver hits your car, you have the right to sue the driver. Try to gather as much information as possible at the accident scene, including pictures, witness statements, and police reports, for a smooth legal process. 

Moreover, in some cases, you may also be able to file a claim with Uber’s insurance policy, which provides coverage for passengers and third parties injured in an accident with the Uber driver. If Uber’s insurance policy doesn’t cover the full extent of your damages, you may be able to sue the driver directly to recover the outstanding expenses.

Uber’s Limited Liability in Accidents

Dealing with legal issues and getting fair compensation after an accident involving an Uber ride can be complicated due to various factors.

For instance, Uber’s liability can be affected by the driver’s use of the app or the involvement of a third party in the accident. A critical issue in such cases is the company’s classification of the Uber driver as an “independent contractor” rather than an “employee.” This classification helps Uber save itself from the liabilities and responsibilities associated with employer-employee relationships.

When you sign up for Uber, you agree to its terms of service, which contain clauses to protect the company from legal claims. These clauses may include mandatory arbitration clauses, limiting your ability to pursue a lawsuit in court. 

Furthermore, Uber may argue that it is a technology platform that connects drivers with riders, not a transportation provider. This argument aims to limit the company’s direct liability in case of accidents.

Given the complexities involved, it’s essential to consult car accident lawyers familiar with ride-sharing laws and regulations. This way, you can challenge any attempts by Uber to avoid responsibility and ensure that you pursue the compensation you deserve.

What to Expect From an Uber Lawsuit?

If you decide to sue Uber as a passenger after an accident, the responsibility to prove your case falls on you or your attorney. To build a strong claim, you’ll need to gather and present key evidence, such as:

  • Accident reports
  • Medical records
  • Thorough documentation
  • Photo and video evidence
  • Eyewitness statements
  • Expert testimony

Your Uber accident lawyer will collect and present this evidence to persuade the court in your favor. However, remember that the final decision depends on the opinions of the jury or judge. 

While you may receive the compensation you deserve, there is also the possibility that you may not get the expected compensation. Therefore, consider hiring a proficient car accident lawyer to help you build a solid legal case with a well-planned strategy.

What Damages Are Covered By Uber’s Insurance Company?

Your insurance claim against Uber can typically compensate you for the following damages:

  1. Bodily Injury: Insurance coverage for your bodily injuries and the mental anguish suffered during and after the Uber car accident.
  2. Medical Bills: Financial compensation for current and future medical care expenses after the car crash.
  3. Property Damage: It covers property damage, including damage to vehicles and other property, resulting from an accident involving an Uber vehicle.
  4. Uninsured/Underinsured Motorist Coverage: Insurance coverage for accidents where the at-fault party is underinsured or completely uninsured.
  5. Lost Wages: Uber’s insurance pays for lost wages and future income in severe injury cases.
  6. Wrongful Death: In cases of fatal accidents, Uber insurance can cover damages related to wrongful death, such as funeral expenses and other damages.

How Uptown Injury Uber Accident Lawyers Can Help You?

Experiencing an Uber accident can be a distressing experience, especially when you suffer injuries. At Uptown Injury Law, PLLC, our experienced Uber accident lawyers are here to guide you in filing a personal injury claim to help you get the compensation you deserve. With our wealth of knowledge and expertise, we’ll help you build a strong case and recover compensation.

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Our personal injury attorneys have recovered over $100 million in settlements and verdicts for severely injured New Yorkers.

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Our dedicated car accident lawyers have built a solid reputation for excellence, ensuring we fight for your best interests. Check our trust index for hundreds of 5-star client reviews.

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We don’t charge you unless we win your Uber accident case.

Contact us today or call us at 917-540-8728 to schedule your FREE consultation. Let us be your advocates and secure the justice you deserve.

FAQs

What Should You Do in a Car Accident if You’re an Uber Passenger?

First and foremost, contact 911 immediately to report the collision and receive emergency medical attention if needed. Next, document the accident scene by taking photos and gathering witness information. Additionally, be sure to obtain the Uber driver’s insurance details. Finally, consider filing a personal injury lawsuit to receive compensation for damages in case of severe injuries.

Can You Sue an Uber Driver for an Accident Due to a Faulty Car?

If the auto accident occurs due to a faulty Uber car, you can file a personal injury case against both the Uber driver and the company to seek compensation for your injuries. In such cases, the rideshare company’s insurance will cover your damages.

How Does Liability Coverage Work in Uber Accidents?

Liability coverage in an Uber accident typically involves the at-fault party’s insurance. If the Uber driver is liable, you can rely on Uber’s liability insurance to compensate for any bodily injuries you sustain.

What Factors Affect Insurance Coverage in Uber Accidents?

The factors that affect insurance coverage in Uber accidents include the medical bills resulting from the car accident injuries, the details of the crash, the driver’s status at the time (on-duty or off-duty), and the extent of the driver’s insurance and Uber’s policies.

How Do You Handle Extensive Injuries From an Uber Accident?

If your medical expenses surpass the coverage provided by Uber’s insurance, consider pursuing legal action to secure additional compensation for extensive injuries. Consult with a seasoned personal injury lawyer for guidance on your accident claim.

Are You Compensated for Severe Injuries After an Uber Accident?

Yes, Uber’s insurance policy provides compensation if you sustained injuries and other damages in an Uber accident. However, your compensation will depend on factors such as the accident’s circumstances, the extent of injuries, the Uber driver’s fault, and the insurance policy limits.

Why Should You Consult Experienced Uber Accident Lawyers?

Consulting with an Uber accident attorney is essential to navigate the complexities of Uber accidents and insurance claims. An experienced lawyer can assist you in exploring your available options and also build a solid case to secure the compensation you deserve.

Who Covers Accidents Involving Off-Duty Uber Drivers?

If you find yourself in an accident involving an off-duty Uber driver, the driver’s personal auto insurance policy will cover the damages. However, the extent of coverage may depend on the driver’s policy. Counsel an experienced personal injury attorney to be aware of your options.

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Kyle Newman Founder and Senior Trial Lawyer at Uptown Injury Law New York's Best Personal Injury Medical Malpractice and Accident Law firm New York's Top Trial Lawyers
WRITTEN AND REVIEWED BY
Kyle Newman Founder and Senior Trial Lawyer at Uptown Injury Law New York's Best Personal Injury Medical Malpractice and Accident Law firm New York's Top Trial Lawyers

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