Who’s at Fault if Your Uber Is in an Accident?

The number of rideshare and Uber drivers has drastically increased in recent years as more people are forgoing their own vehicles and using the app for convenient rides. However, an Uber driver is still operating a motor vehicle, meaning there’s always the risk of an accident.

If your Uber driver gets into an accident while you’re in the vehicle, you may be entitled to financial recovery for all your damages. How you decide to pursue your case comes down to who is at fault in the situation, which can go a few different ways. An Atlanta car accident lawyer with John Foy & Associates can help you file a personal injury lawsuit and pursue recovery for your damages.

Understanding Uber Accidents

An Uber accident is any collision or incident involving an Uber vehicle while transporting passengers or en route to pick up an Uber passenger. These accidents range from minor fender benders to more severe collisions resulting in injuries or fatalities.

Uber accidents can occur due to various factors, including rideshare driver error, other negligent drivers on the road, poor weather conditions, or even faulty equipment. It’s important to note that Uber vehicle accidents are subject to the same rules and regulations as any other motor vehicle accident.

In the event of an Uber accident, determining liability can be complex. The responsible party may include the Uber driver, other drivers involved, or even Uber itself. Factors such as negligence, personal insurance coverage, and employment relationships come into play when determining who is liable for the damages.

You Can Collect Financial Compensation From an Uber Accident

Under Georgia law, anyone injured in a car accident, including an Uber accident, can make an insurance claim against the person or party at fault. The victim can claim financial recovery for costs like:

Economic Damages

Firstly, there are economic damages, which aim to compensate for the financial losses from the accident. These may include:

• Medical expenses
• Property damage
• Lost wages

Non-Economic Damages

In addition to economic damages, there are also non-economic damages, which aim to compensate for the physical and emotional pain and suffering experienced as a result of the accident. This may include compensation for physical injuries, such as:

• Broken bones
• Cuts and lacerations
• Whiplash
• Traumatic brain injuries
• Spinal cord injuries

Punitive Damages

Punitive damages may also be sought in some cases. These damages are not intended to compensate the victim but to punish the party at fault for their reckless or intentional behavior. However, punitive damages are not commonly awarded in Uber accident lawsuits, as they require proof of the at-fault driver’s extreme negligence or malicious intent.

It’s important to note that the specific damages that may be pursued in an Uber accident lawsuit can vary depending on the jurisdiction and the individual circumstances of the case. Consulting with a personal injury attorney specializing in Uber accidents is crucial to understanding your rights and the potential damages you may be entitled to pursue.

Liability in an Uber Car Accident

When an Uber accident occurs, determining liability can be a complex process. Several parties could be held responsible for the damages, including the Uber driver, other drivers involved, or even Uber itself.

The Uber Driver

In cases where the at-fault driver is the Uber driver is at fault for the accident, they could be held personally liable for any damages. However, Uber provides personal insurance coverage for their drivers, so in most cases, their auto insurance policy will come into play. Uber’s insurance coverage typically provides protection for both bodily injury and property damage caused by their rideshare drivers.

Another Driver

If another driver is at fault for the accident, their insurance would generally be responsible for covering the damages. However, Uber also has additional insurance coverage known as contingent liability coverage, which can come into play if the other driver’s insurance is insufficient.

The Company

In some cases, Uber itself may be held liable for an accident. This can occur if there is evidence that Uber was negligent in their hiring or training of drivers or if there is evidence that a defect in the Uber app or technology caused the accident.

Ultimately, determining liability in an Uber accident will depend on the case’s circumstances. It is important to consult with an experienced personal injury attorney who can help navigate the complex legal landscape and protect your rights.

Steps to Take After an Uber Collision

In the unfortunate event of a rideshare accident, it’s important to know what steps to take to protect yourself and ensure that you receive the compensation you deserve. Here are some key things to do after an Uber accident:

• Prioritize your safety: The first and most important step is to prioritize your safety and the safety of others involved. If you can, move to a safe location away from traffic and call 911 if anyone is injured.
• Gather information: Take photos of the accident scene, including any vehicle damage, road conditions, and any relevant street signs or landmarks. Collect contact information from all parties involved, including drivers, passengers, and witnesses. It’s also a good idea to note the make, model, and license plate number of all vehicles involved.
• Report the accident to the rideshare company: Whether you’re a rideshare passenger or a driver, it’s important to file an accident report with the rideshare company as soon as possible. They may have specific protocols for reporting accidents, so follow their instructions to ensure the incident is properly documented.
• Seek medical attention: Even if you don’t think you’re injured, seeking medical attention after an accident is important. Some injuries, such as whiplash or internal injuries, may not be immediately apparent but can cause serious complications later. A thorough medical examination will ensure your health and well-being and create a medical record that can be used as evidence in any legal proceedings.
• Consult with an accident attorney: It’s highly recommended to consult with a personal injury attorney who specializes in Uber accidents. They can help navigate the legal process, protect your rights, and ensure you receive fair compensation for your injuries and damages. An experienced accident attorney will understand the complexities of rideshare accident cases and can help you build a strong case.

Remember, each car accident is unique, and the specific steps you should take may vary depending on the circumstances. Consulting with a legal professional is the best way to ensure that you take the appropriate actions and protect yourself throughout the process.

What Evidence Should You Collect for Your Uber Accident Claim?

After an accident, insurance companies will work to determine fault, considering certain factors like injuries and the police report. It’s important to gather as many details as possible after an Uber accident.

• Take pictures of your injuries, any vehicle damage, and the accident scene
• Get the names and accounts of any witnesses who saw the accident happen
• Provide your account of what happened and other evidence gathered at the scene to show the driver’s fault

If it turns out the Uber driver caused the accident, there are one of two ways the victim’s insurance claim will be paid:

• Through the Uber driver’s personal auto insurance
• Through Uber’s insurance policy

Which options will depend on whether the Uber driver is “on” or “off” the clock.

Uber’s Insurance Coverage for an Accident

There are three degrees of insurance coverage if an Uber gets into an accident.

If the Driver Is “Off the Clock”

If the Uber driver is driving their car but has not clicked “on” to accept rides, the driver’s personal car insurance is responsible for the claim. Just like with other drivers, Uber drivers are required to carry a minimum of:

• $25,000 liability insurance per person and $50,000 per accident
• $25,000 in property damage insurance

If the Driver Has an Uber Passenger

Suppose the Uber driver has accepted a passenger and is transporting them while on the clock. In that case, the driver is fully covered by Uber’s insurance policy, which is $1 million in liability insurance and $1 million in property damage. This would apply if your Uber got into an accident while you were a passenger.

If the Driver Is Between Fares

When an Uber employee is “on” to give rides but has no passenger in the car, their own insurance mainly applies, plus contingency insurance from Uber.

So, if your Uber is in an accident and you’re injured, and the driver is determined to be at fault, the Uber company’s insurance would be responsible for paying your damages.

Consult With an Attorney

Remember that dealing with insurance companies can be complex, so it is recommended to consult with an accident attorney who can help navigate the process and ensure your rights are protected.

Getting the Most from Your Uber Accident Claim

Remember that Uber is a business; even if you are injured as a passenger by one of their drivers, they’ll be looking to protect their profits. If you file a personal injury claim against them for your damages, they will likely dispute your claims. Their insurance company probably operates like any other auto insurance company and will try to downplay your injuries.

Soon after the accident, contact a good car accident lawyer who can stand up to the insurance company and help you seek the fullest financial recovery possible.

The Importance of Hiring an Uber Accident Lawyer

If you find yourself involved in an Uber accident, hiring an Uber accident lawyer is crucial in protecting your rights and ensuring you receive the compensation you deserve. Navigating the legal complexities of an accident can be overwhelming, especially when dealing with insurance companies and potential legal disputes.

Knowledge of the Law

An experienced Uber accident lawyer specializes in handling cases related to ridesharing accidents and understands the unique aspects involved in these situations. They have the knowledge and expertise to assess your case, determine liability, and navigate the legal process on your behalf.

Protecting Your Rights

One of the primary reasons to hire an Uber accident lawyer is to ensure your rights are protected. They will advocate for you, ensuring you receive fair and just compensation for your injuries, medical care expenses, lost wages, and any other damages resulting from the accident. They will gather evidence, negotiate with insurance companies, and handle all legal aspects of your case, allowing you to focus on your recovery.

Legal Guidance and Advice

Additionally, an Uber accident lawyer can provide valuable guidance and advice throughout the process. They will explain your legal options, help you understand the complexities of your case, and provide personalized recommendations based on your specific circumstances. Their expertise in Uber accidents ensures that you have a strong advocate on your side, increasing your chances of a successful outcome.

Why Retaining a Rideshare Accident Lawyer Quickly Is Important

Injured Uber accident victims must retain a personal injury lawyer at once because there is limited time to file a claim. An attorney can handle all negotiations with the insurance company on your behalf before the Georgia statute of limitations of two years expires.

While most rideshare accident cases in Georgia are settled out of court with private negotiations between both parties, the entire legal process of a bodily injury claim can take anywhere from 6 to 24 months. The sooner you hire a lawyer, the better. Evidence becomes more difficult to collect with time, and witnesses are harder to track.

Wrongful Death in a Rideshare Accident

Suppose you lost a loved one in an Uber accident. In that case, you can discuss your legal options for compensation with a personal injury lawyer in Georgia and hold the driver and rideshare company responsible. Just like with any car accident, in an Uber-related auto accident, the person who caused the accident is considered to be at fault.

Family members of the deceased can work with a legal team to recover damages they’ve incurred due to their loved one’s death. These damages for death can include:

• Loss of future earnings, the income that the deceased would reasonably have earned in their remaining working years
• Loss of consortium, including the marital relationship and the decedent’s companionship with other family members
• Medical bills
• Burial and funeral costs

Talk to a Personal Injury Lawyer for Free

Determining liability in Uber accidents can be complex, with multiple parties potentially at fault. It could be the Uber driver, other drivers involved, or even Uber itself. The specific circumstances of the accident will dictate who is held responsible for the damages.

If you were injured in an Uber accident, you shouldn’t have to pay for your injuries and other costs. At John Foy & Associates, we’re up to date on how Uber cases work and on the side of Uber accident clients. To talk with one of our attorneys about your Uber accident case, contact us today.