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. A car accident attorney in Georgia can help you file a personal injury claim and pursue recovery for your damages.
You Can Collect Financial Compensation From an Uber Accident
Under Georgia law, anyone injured in a car accident, including an Uber accident, is eligible to make an insurance claim against the person or party who was at fault for the accident. The victim can claim financial recovery for costs like:
- Medical expenses from doctors visits, therapy, and medications
- Vehicle repair or replacement damages
- Lost wages from time you were away from work and recovering
- Pain and suffering
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Determining Fault in an Uber Accident
In the case of an Uber accident, the person whose actions led to the accident is at fault, which can depend on the scenario.
In most cases, the at-fault person in a two-car Uber accident is either the Uber driver or the other driver (although there can be exceptions). Fault is sometimes obvious, such as if a driver runs a red light and it leads to an accident.
Other times, the fault isn’t as obvious. Someone can be at fault without actually breaking any laws, but still acting negligent, meaning the accident could have been prevented if they exercised more caution or care.
Evidence to Collect in a Uber Accident Claim
After an accident, insurance companies will work to determine fault, taking certain factors into account like injuries and the police report. It’s so important to gather as many details as you can 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 one depends on whether the Uber driver is “on” or “off” the clock.
Uber’s Insurance Coverage for an Accident
There are technically three degrees of insurance coverage if an Uber gets into an accident.
1. 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
2. If the Driver Has an Uber Passenger
If the Uber driver has accepted a passenger and is transporting them while on the clock, the driver is fully covered by Uber’s insurance policy, which is $1 million in liability insurance and $1 million in property damage. This is what would apply if your Uber gets into an accident while you were a passenger.
3. If the Driver Is Between Fares
When an Uber driver is “on” to give rides but has no passenger in the car, their own insurance mainly applies plus contingency insurance from Uber.
So, if as a passenger your Uber is in an accident and the driver is determined to be at fault, and you are injured in the accident, the Uber company’s insurance would be responsible for paying your damages.
Getting the Most from Your Uber Accident Claim
Remember that Uber is a business and even if you were injured as a passenger with 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’re likely to dispute your claims. Plus, 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.
For a free legal consultation, call 404-400-4000
Why Retaining a Rideshare Accident Lawyer Quickly Is Important
Injured Uber accident victims will need to retain a personal injury lawyer at once so that he or she does not lose their right to recovery. An attorney can handle all of the 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 an injury claim can take anywhere from 6 to 24 months. The sooner you hire a lawyer, the better. This is because evidence tends to become more difficult to collect with time and witnesses are harder to track down.
Wrongful Death in a Rideshare Accident
If you lost a loved one in an Uber accident, 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 in an effort to recover damages that they’ve incurred as a result of their loved one’s death. This 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
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 we’re on the side of the victims in Uber accidents.
To talk with one of our attorneys about your Uber accident case, contact us today. Call 404-400-4000, or fill out the form to the right as soon as possible for your free consultation.