Yes, you can sue Uber or an Uber driver if you have been injured in an accident involving Uber. The circumstances of the Uber accident will determine if you can sue Uber, the Uber driver or both.
If you’ve been injured in an accident involving Uber, you may be able to sue Uber or the Uber driver, seeking compensation for medical bills, lost wages, property damage, pain, suffering and more.
Can I Sue Uber Or An Uber Driver After An Uber Accident?
Uber drivers are technically independent contractors. Because of this, it can be difficult for those involved in Uber accidents to directly sue Uber when an Uber driver is to blame for a car accident which injured an Uber passenger.
In a case like this, the person injured in an Uber accident would need to file a personal injury lawsuit against the Uber driver in order to recover financial compensation for their injuries.
However, while Uber drivers are independent contractors, they are also covered by Uber’s $1 million accident insurance coverage.
Uber drivers are often involved in an Uber car accident in which another driver is to blame for the accident. In many of situations like these, the at-fault driver might not have adequate coverage with their insurance company to cover any severe injuries. Uber possesses $1 million in under-insured motorist insurance for cases like these.
However, it’s important in this case to obtain the assistance of an experienced personal injury attorney like the lawyers at Nadrich Accident Injury Lawyers to file the right legal paperwork, as well as notices to Uber’s insurance company when pursuing financial compensation for injuries involving passengers.
Understanding The Liability Uber Has In Uber Accidents
Things may become complicated when determining what liability Uber has in an accident involving Uber. Uber considers itself to be a technology company instead of a transportation company. However, laws are still evolving in order to address any unique circumstances involved when someone is injured in an accident involving a rideshare company.
It’s vital to realize that an Uber driver is an independent contractor rather than an employee. This is important in terms of determining who is at fault for any injuries sustained in an accident or any damages which result from a car accident.
The Liability Coverage Uber Has
Typically, when accidents happen while Uber drivers actively transport passengers or are en route in order to pick up passengers, the liability coverage that Uber has probably will come into play. This liability coverage usually includes property damage and bodily injury. Specific details might vary due to the nature and location of the accident.
However, when accidents occur while Uber driver’s aren’t using the Uber act or haven’t accepted any ride requests, the liability Uber will have might be limited. Drivers’ personal auto insurance policies will usually be responsible for damages which result in this case.
This can make things complex when determining who to file a personal injury claim against or pursue any legal action against in an Uber accident case.
Uber’s Liability Can Be Limited
Uber’s liability can be limited when drivers aren’t using the Uber app properly or when third parties cause accidents. Understanding nuances like these is important when moving through the legal process as well as making sure you recover the financial compensation that you deserve.
When Uber accident lawyers engage with Uber, a focal point is often the driver being an independent contractor rather than an employee. Uber has historically considered its drivers to be independent contractors.
By doing so, Uber creates a defense mechanism which lets them distance themselves from any responsibilities and liabilities which can be associate with a traditional relationship between an employer and an employee.
Uber users agree to the Uber terms of service when they sign up for the Uber app. These terms of service might contain language which is designed to protect Uber from any legal claims. These might include clauses for mandatory arbitration, which may limit users’ ability to seek compensation via lawsuits.
In addition, Uber may argue they are a technology platform connecting riders with drivers rather than a transportation platform, trying to further limit their direct liability for an accident by doing so.
Given these complexities, anyone involved in an accident involving Uber should talk with an Uber accident lawyer who is knowledgeable and experienced regarding ride-sharing regulations and laws, a lawyer like the lawyers at Nadrich Accident Injury Lawyers. By doing this, accident victims can make sure they have what’s needed to challenge Uber’s attempts to evade liability as well as pursue financial compensation they deserve.
If I Wasn’t A Passenger, Can I Sue The Uber Driver?
Whether an Uber driver was driving on the clock or not will determine if you can sue an Uber driver if you weren’t a passenger.
If the Uber driver wasn’t on the clock, or didn’t have any passenger, you will probably end up filing a claim against the Uber driver rather than Uber itself, since Uber will usually deny claims filed against the company when drivers don’t have passengers when the accidents happen.
However, if the Uber driver had a passenger inside their vehicle when the accident occurred, then Uber’s insurance policy will usually apply to your accident and injuries.
If I Was A Passenger, Can I Sue The Uber Driver?
If you’re an Uber passenger, Uber’s insurance policy fully covers you. Under these circumstances, you would probably end up filing an injury claim against Uber rather than the driver.
What Compensation Can I Recover After An Uber Accident?
If you have been injured in an accident involving an Uber vehicle, you may be able to file an insurance claim or lawsuit seeking to recover compensation for:
Medical Bills
You can seek fair compensation for any medical expenses you have already incurred as a result of your Uber accident, as well as any medical bills which you may face in the future due to the need for future medical treatments which result from an Uber accident.
Lost Wages
You can seek compensation for any wages you are unable to earn because you were injured in an accident. This includes wages you were unable to earn because you were injured too badly to work, as well as wages you were unable to earn because you had to take time off to get your injuries treated.
Loss Of Earning Capacity
You can seek compensation for any loss or reduction to your earning capacity which results from an Uber accident causing you to be unable to work again or unable to work again in the same field.
Pain And Suffering
You can seek compensation for any physical pain and mental suffering which you experience as a result of your Uber accident. Nadrich Accident Injury Lawyers have over 30 years of experience in terms of placing an accurate value on pain and suffering and recovering fair compensation for their clients’ pain and suffering.
Wrongful Death
You can seek financial compensation for your grieving and suffering if you lost a loved one to an Uber accident. You can also seek to recover compensation for the loss of your loved one’s income, companionship, household services and love. You can also seek compensation for your loved one’s funeral bills, burial costs, medical expenses, pain and suffering.
Injured In An Uber Accident? Call Us Today For A Free Consultation
If you have been injured in an Uber accident, you should call us right away for a free case evaluation.
We have been representing injured Californians since 1990 and have recovered over 0,000,000 for them. Our vast experience will allow us to recover the most compensation possible for you after your Uber accident.
We will not charge you any fee to handle your Uber accident case until and unless we recover financial compensation for you. The only fee we will charge will be a percentage of any recovery obtained in your Uber accident case. You won’t be charged any upfront or out-of-pocket fees.
We can get you to doctors who won’t charge you until your case is over if you can’t afford to get your Uber accident injuries treated. Doctors do this for our Uber accident clients because we know we get great results for our clients.
Call us today for a free consultation if you or a loved one was injured or killed in an Uber accident.
Jeffrey Nadrich
Jeffrey Nadrich is a nationally-recognized California plaintiff’s personal injury attorney. He is a graduate of UC Berkeley and UC Hastings College of the Law. He has successfully represented thousands of injury clients over the last 40 years.
