Yes. You can sue Uber for both injuries in an accident or wrongful death. You have this right no matter whether you were a passenger in the Uber, a pedestrian hit by an Uber, or someone in another vehicle that was hit by an Uber.
Whether you file a lawsuit or insurance claim, know that the law protects your rights to do so. However, negotiating for a settlement can be a lot harder than it looks. Our lawyers explain how you can sue for compensation and what your general legal options are.
Uber Accidents Are More Common than You Think
Just recently, in 2020, the National Safety Council (NSC) published that motor vehicle deaths were the highest they had been in 13 years. Among these car accidents that lead to death and injury, a good portion of them happened in rideshares such as Uber.
You shouldn’t have to pay for damages caused by a negligent Uber driver. Don’t wait to take action if you suspect that the accident you suffered was due to an Uber driver. Start collecting evidence and file a claim against them.
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Uber Can Be Liable for Damages or Wrongful Death
In many ways, Uber uses a business model that is difficult to regulate. For example, it may seem that anytime an Uber driver hits you, Uber would be liable, but unfortunately, that’s not always true. This is because Uber hires its drivers as “contractors,” in other words, basically freelancers.
These drivers get paid by Uber and use the Uber system, but they’re not employees. So just because they’re out on the road in a car marked as an Uber does not mean Uber’s insurance policies will cover them. Of course, Uber carries a $1 million insurance policy for every driver, with up to $1,000,000 of both liability and property damage coverage.
But since Uber drivers aren’t really employees, that policy only applies when the driver is actively working for Uber. Here’s what that means for accident victims:
- If the Uber had a passenger inside, or if you were the Uber passenger, Uber is potentially liable, and its $1 million policy will apply.
- If the Uber driver had no passengers, the policy doesn’t apply. Uber will deny any liability, and the driver’s own insurance is the policy you have to make a claim against.
In some cases, the driver’s policy will be supplemented by a little extra insurance from Uber, but it’s only $50,000, not a million, and it only applies if the driver was at least active and “available” to pick up fares. You can still make a claim and recover money for your injuries or wrongful death. It just means you won’t always be able to sue Uber itself or count on their massive insurance policy.
Damages You Can Recover Compensation for
After going through an Uber accident or losing a loved one, there are several damages you can receive compensation for:
- Lost wages
- Reduced earning capability
- Medical expenses such as prescriptions, hospital visits, emergency room visits, medical equipment, and psychological services
- Pain and suffering
- Mental anguish and emotional trauma
- Funeral services
- Disability and disfigurement
Money can’t replace the life of a loved one or what you lost during the accident. However, it can help give you the financial ability to move forward from what happened and find closure. We will ensure that every penny gets accounted for and that you get the best settlement possible.
Most Uber Accidents Settle Out of Court
Remember, while the law allows you to file a lawsuit, doing so should be the last resort. The vast majority of car accident cases will settle outside of court. Going to court can take a long time, so negotiating directly and settling without a trial is often the best move for all involved.
Still, that doesn’t mean that going to court shouldn’t be an option when necessary. Remember to always file a claim first with the insurance company and Uber. If negotiations, for some reason, fall through, that means you should escalate your claim to a lawsuit and sue them directly for your damages or your loss.
What to Do After an Uber Accident Leads to Injury or Death
The most important thing you can do is talk to a lawyer. This is the single best way to make sure you don’t get taken advantage of and that Uber pays for your loss if possible. One of the reasons this is so important is that Uber is a gigantic company.
It grew quickly, not just by providing a convenient app but also by being absolutely cutthroat about keeping costs down. They have the legal resources to deny or minimize your claim if you don’t have adequate legal representation. In response, our lawyers will:
- Gather evidence related to your Uber accident, such as medical records, police reports, witness testimony, and photos of the accident and its damages.
- Consult with experts in various fields to support your case.
- Calculate all of your damages accurately.
- Handle all communications with other parties involved.
- Negotiate for a settlement on your behalf and take your case to trial if necessary.
Our Uber accident lawyers won’t stop until you get the compensation you deserve. We won’t let you settle for less with a lowball offer from Uber or the insurance company. While you rest and recover, we will ensure that you get a fair settlement for your damages or your lost loved one.
Get Help from an Experienced Lawyer Today
If you or your family suffered from an accident involving an Uber, we can help. At John Foy & Associates, helping accident victims is our mission. We have over 20 years of experience taking on big companies with deep pockets, and we know how to win.
We charge absolutely nothing if we don’t get you money. We’re happy to consult with you for free. Don’t wait. Call us or fill out the form to your right and schedule your consultation today.