Uber, Lyft, and other rideshare enterprises started in San Francisco and then spread across the globe. They’re popular because they’re convenient and cheap – users can request a ride on a smartphone app, the car goes straight to their location, and the prices are lower than taxis. This new business model has gotten a lot of scrutiny from regulators and a lot of pushback from the taxi industry. It also raises interesting legal questions, like what to do if your Uber crashes. Let’s find out!
Being involved in an Uber crash can be a traumatic and confusing experience due to injuries, emotional trauma, and other stress. It is, therefore, important to know the steps to take immediately following the incident to best protect yourself.
The first and most important step after an Uber crash is seeking prompt medical evaluation. Even if you feel fine or believe your injuries are minor, it’s highly advisable to get checked by a healthcare professional.
Some injuries, such as whiplash or internal bleeding, might not show up immediately after the crash. This might be because they are invisible injuries or due to the adrenaline rush that masks the pain. If left untreated, such injuries can potentially lead to serious health problems.
After attending to your immediate medical needs, it’s wise to work with an Uber accident lawyer. You don’t have to handle the pain of injuries and navigate the legal complexities of rideshare accident claims alone. A car attorney will take up your case and assist, including:
A lawyer will evaluate the details of the accident, the extent of your injuries, and any potential liability issues. This will provide them with the insight needed to build a robust approach to managing the case.
The admissibility of evidence is fundamental to the success of your Uber accident case. Your attorney will gather all key details for building evidence, such as police reports, to help build a strong case.
A legal advocate will guide you through the process and keep you informed of your rights and available options at every step.
One key requirement of managing a personal injury case is maintaining consistent medical care. This becomes more critical following an Uber crash. Not only is this essential for your health, but it is also key to a successful legal claim.
Remember to keep records of doctor’s appointments, treatments, and related expenses. This documentation will be important when calculating the total cost of your injuries. Also, failing to follow prescribed treatment can be used against you to argue that your injuries did not require treatment because they were not as severe as claimed.
After an Uber accident, the Uber’s insurer or the at-fault driver’s insurer may contact you. Note that insurance companies look for the slightest opportunity to deny claims, so you need to exercise caution when dealing with these entities.
For instance, you don’t need to make recorded statements or sign documents without consulting your attorney. Insurance adjusters may use what you said to them to minimize their payout. So, politely refer their inquiries to your lawyer to ensure that you don’t inadvertently harm your case.
Insurance companies often propose quick settlement offers to accident victims. While it may be tempting to accept these offers due to the pressure of piling medical bills, you need to do so only with legal advice.
Your Uber crash attorney will evaluate whether the offer adequately covers your losses, including future medical costs. If the offer is found to be insufficient, they will negotiate for a more appropriate settlement or even take the case to court.
Uber has a three-part insurance structure to cover their drivers and passengers. When the drivers are not available to pick up passengers, they’re covered by their own personal auto insurance. When drivers are available but haven’t yet picked up a passenger, they’re covered by their own personal insurance plus additional contingent liability coverage. That coverage goes up to $50,000 per injury for a total of $100,000 and up to $25,000 in property damage if the driver’s personal insurance doesn’t cover the issue. Finally, drivers who are on a trip with a passenger are covered by a $1 million liability coverage policy and a $1 million uninsured/underinsured coverage policy (in case of accidents with uninsured or underinsured drivers). That’s more than the minimum required around Ohio – it’s usually about $300,000.
So, you’re covered, right? Well… maybe. Things are a bit murkier than they seem.
Uber classifies its drivers as independent contractors or third-party service providers. In other words, they’re not Uber’s employees. Some employment law specialists may object to that classification, but it also has an impact on Uber’s liability for its employee’s actions. In general, a company is liable for the actions of its employees while they’re working. A company is not liable, on the other hand, for the actions of third-party contractors. Uber has already expressly denied liability for the death of a 6-year-old in San Francisco because the driver that hit her was between fares.
So, the insurance coverage may be effective, but you may not be able to sue Uber for damages based on the actions of its drivers, especially when they’re not actively carrying passengers. To make matters worse, there has been speculation that the insurance coverage might not even be as good as it sounds and coverage may in fact be denied to injured riders. That’s because drivers are partially covered by their personal insurance, which typically expressly excludes accidents that occur while a driver is working.
So, what’s going to happen when there’s an Uber crash? Let’s take a look at two possible scenarios:
Uber’s insurance theoretically covers up to $1 million. It theoretically covers the passenger’s injuries even if the crash was caused by the other driver but the other driver didn’t have insurance. However, Uber maintains that you can’t sue it for damage that exceeds $1 million even if the driver was reckless or negligent. In other words, you can’t claim damages from Uber in court if your driver turns out to be drunk and crashes. You could sue the driver, but the driver is unlikely to be able to pay much by way of damages.
This outcome is dependent on Uber’s own classification of its drivers as independent contractors. A lawsuit may result in a decision that Uber’s drivers are actually its employees, meaning that Uber would be liable for their actions.
So, what happens if a pedestrian or the driver or passenger of another car is injured in a crash with an Uber? Assuming Uber’s drivers are independent contractors, the issue here is whether the driver was on duty or not. If the driver was on a trip, Uber’s insurance will cover this incident up to $1 million. If the driver was between fares or off duty, you’re stuck with the driver’s personal insurance coverage. Basically, it will be just like getting in a wreck with any other car on the road. You’ll need to exchange insurance information and hash it out through the insurance companies.
Again, this depends on Uber’s classification of its drivers. If the drivers are actually employees, then Uber is responsible for what they do while they’re on the job.
If multiple passengers sustain injuries in an Uber crash, each person has the right to file individual insurance claims against the liable parties. Therefore, each person should document their specific injuries and medical treatments.
Uber carries a substantial insurance policy to cover drivers and passengers during rides, which comes into play to cover injured passengers. However, if another driver caused the accident, claims would be filed against that driver’s insurance policy. This means that compensation from the insurance company will be divided according to the extent of each passenger’s injuries.
Each injured victim should seek their own legal representation from a Dayton car accident attorney. This can help tailor legal strategies that fit each passenger’s needs and maximize their chances of receiving fair compensation.
In addition to the fuzzy issue of injury by an Uber driver, there has been a lot of concern lately about the actions of Uber drivers toward their passengers. After several rape and assault allegations, Uber has started to require its drivers to submit to background checks. Unfortunately, that may not be enough to stop the abuse. Who is responsible in the event that a driver harms a passenger? The answer is simply unsettled law.
Uber claims that it is not responsible for the actions of its drivers because of the independent contractor issue, meaning you may be left without recourse if an Uber driver hurts you. You’ll be able to pursue the driver, but you’re unlikely to be able to get much by way of damages from a driver in a personal injury suit. Uber has much deeper pockets but it denies liability. Like the other issues mentioned above, this is going to shake out through lawsuits filed by Uber passengers and perhaps even drivers.
We may be able to help. At Dyer, Garofalo, Mann & Schultz we have decades of experience in personal injury and auto accident cases and we’re standing by to help you fight for the compensation you deserve. If you’ve been injured, you may be entitled to compensation for medical expenses, lost wages, emotional harm, and more. Contact us today for a free case evaluation and consultation. We’ll make sure you understand your options and we’ll help you choose the one that’s best for your unique circumstances and goals.
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Before establishing Dyer, Garofalo, Mann & Schultz L.P.A., Doug Mann, a top Ohio Injury Attorney served as a bodily injury claims adjuster at a major insurance firm. With over 40+ years of experience, Doug’s background has proven invaluable in securing maximum cash settlements for his clients swiftly. Since leaving the insurance industry, Doug has devoted his entire legal career to assisting injured clients during their times of greatest need.
This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by Founding Partner, Doug Mann who has more than 20 years of legal experience as a practicing personal injury attorney.
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