Can I Sue Uber for Injuries or Wrongful Death?

In many cases, you can sue Uber for injuries or wrongful death. If you were hurt in a crash involving an Uber driver, or if you lost a family member in one, you may have the right to file a claim against the driver, Uber itself, or both.

The answer depends on what the driver was doing at the time of the crash and how Georgia law applies to your situation. An Atlanta Uber accident lawyer can help you figure out exactly who is responsible and what your claim is worth.

Uber carries up to $1 million in liability coverage for active trips, but getting access to that coverage takes more than just filing a report. The company will look for every reason to limit what it pays. Here’s what you need to know before you take any next steps.

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. An Atlanta rideshare accident lawyer can help you start collecting evidence and file a claim against them.

When You Can Sue Uber for Injuries 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 independent 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.

How Uber’s Insurance Applies in Practice

Since Uber drivers aren’t really employees, the company’s policy only applies when the driver is actively working for Uber. Here’s what that means for accident victims:

• If 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 an accident 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.

What if Someone Was Killed in an Uber Crash?

Georgia law allows surviving family members to sue for injuries that lead to wrongful death when a person dies due to someone else’s negligence. In an Uber-related crash, that means the same insurance coverage and liability rules apply,  but the stakes are higher, and so is the complexity.

An Atlanta personal injury lawyer can cover:

• The full value of the deceased person’s life, including future earnings and the value of their relationships
• Medical expenses incurred before death
• Funeral and burial costs
• The pain and suffering experienced before death

These claims are typically filed by a spouse, child, or parent of the person who died. If there’s no surviving spouse or child, a parent may file. If none of those family members are living, the estate’s administrator can bring the claim.

What Damages Can You Recover in an Uber Injury Claim?

If you were injured as a passenger, a pedestrian, a cyclist, or a driver in another car, you may be entitled to compensation for economic damages (things with a clear dollar value), which include:

• Medical bills, past and future
• Lost wages and reduced earning capacity
• Rehabilitation and therapy costs
• Property damage

Non–economic damages (real losses that don’t come with a receipt) may also be recoverable. They include things like:

• Physical pain and suffering
• Emotional distress
• Loss of enjoyment of life
• Scarring or permanent disability

Georgia doesn’t cap non-economic damages in most personal injury cases, which means serious injuries can result in significant compensation if the case is built correctly.

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.

Contact an Uber Accident Lawyer to Learn More

If you or a loved one has been injured in an accident involving Uber or other ridesharing services, John Foy & Associates is here to help. Our experienced personal injury lawyers have spent over 20 years fighting for accident victims against big companies and complex auto insurance policies,  and we know how to win.

A personal injury claim can be a lot to handle, especially while you’re focused on medical treatment and recovery. That’s why we handle the legal heavy lifting, including critical filing deadlines, so you never miss your chance at fair compensation.

Best of all, you pay nothing unless we win your case. Free consultations are always available. Don’t let the clock run out on your claim. Call us today or fill out the form to schedule your free consultation.