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Injured in an Uber Accident – Who is Liable?

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Like any other motorist on the road, Uber drivers have a duty to drive safely and responsibly. Unfortunately, the Uber driver you entrust your safety to may not drive as safely as you hope when you get in the passenger seat of their vehicle.

Uber drivers may have their own motivations when they get behind the wheel. They want to make as much money for their efforts as possible and are scrambling and hustling to maximize their profit during a shift.

Uber drivers have undoubtedly contributed to the rise in the number of serious car accidents throughout the country. More vehicles are on the road, and the drivers may lack the training and experience to transport passengers safely.

If you or a loved one suffered an injury in an Uber accident, you may have the legal right to substantial financial compensation.

First, you must determine who to blame for the accident because the Uber driver might not always bear liability. Liability depends on the specific circumstances of the accident and the involved parties. Then, you will go through a complex legal process before you can get paid for your accident injuries.

Always contact an Uber accident lawyer to discuss your case and to represent you as you seek compensation. They can help determine liability, deal with the insurance companies, and ensure you receive fair compensation for your injuries and damages.

Why Uber Drivers May Pose a Danger to You and the Public

Ride share driver in car using the rideshare app in mobile phone.There are several dangers that Uber drivers pose to both their passengers and other motorists on the road that can include:

  • Drivers who can get behind the wheel and transport passengers with very little training
  • Drivers who have an incentive to cram as much driving as they can into their shift to make as much money as possible
  • Motorists who travel at night on a second shift after working a full day at another job
  • Drivers who are transporting passengers in unfamiliar territory
  • Motorists who cut corners to make as much money as they can

Regardless of the cause of the accident, you must always determine who was to blame before you can file a claim against whoever was responsible for the crash. It requires an extensive investigation of the accident and gathering evidence to prove your side of the story.

Your Compensation Depends on the Determination of Liability for the Accident

The amount of money you may get for your Uber accident depends on who was to blame for the accident. Remember that the amount of insurance coverage acts as a limitation on the money that you can recover for your injuries.

In theory, the liable driver must pay you any excess damages, but they may not have the money to pay it.

Uber must offer a certain minimum amount of coverage (a function of state law) as a condition for legally operating and doing business.

The usual levels of coverage:

  • If the driver does not have the rideshare app on at the time of the accident, their personal car insurance coverage applies because it is technically not a commercial accident (the driver is driving for themselves and not for Uber, even if there is an Uber sign in their window at the time of the accident).
  • If the app is on but the Uber driver has not yet accepted a ride request (Uber drivers are known to congregate in high-traffic areas while waiting for ride requests that may pay them more), coverage is available for $50,000 per person, and $100,000 per accident.
  • If the rideshare driver has accepted a ride request or already has a passenger in the car, there is up to $1 million in coverage for the accident. This coverage is for all the damage caused by the driver, and accident victims can divide it depending on the extent of their injuries.

A Passenger May Have Potential Lawsuits Against the Uber Driver or Other Motorist

If you are a passenger in an Uber vehicle, you may have a cause of action against someone for the accident. There was likely someone who did something wrong to cause your accident injuries. The potentially responsible parties may be the Uber driver or the motorist behind the wheel of the other vehicle.

Exactly who is to blame depends on the facts and circumstances of the accident. The driver who was negligent in the crash is the one who must pay you compensation. Here, negligence means that the driver did something unreasonable under the circumstances.

Do not assume that the Uber driver caused the accident. The other driver in the accident with your Uber vehicle may bear legal liability for your injuries.

You May Have to Deal with Both Insurance Companies

There is also a possibility that both drivers are equally at fault for the accident, or they share in the blame. Then, the insurance companies may apportion liability between the drivers, and they will both have to share in paying your damages.

In this case, each driver’s insurance company might point the finger at the other as the one who must pay your claim.

An Uber accident attorney can get to the bottom of your case and help determine who was to blame for the accident.

While these findings may not guarantee the final say about liability, you can certainly push back when one insurance company tells you that the other one must pay you.

The Uber Driver May Be Liable for Injuries to Their Passenger and Other Drivers

If you are a motorist who suffered an injury in an accident with an Uber driver, the standard rules of car accident liability still apply to your case. You need to prove that the Uber driver was negligent, and if you can, they will need to pay you compensation.

You may compete with others for the same pot of money. Uber’s insurance coverage is on a per-accident basis, and several people may have competing claims to the policy. The Uber driver may have supplemental insurance that can also pay for excess damages, or you can rely on your own underinsured motorist coverage to pay you money.

Uber Accepting Liability for Your Accident Is a Longshot

Even though Uber drivers are not company employees, and you generally cannot sue the rideshare company for what happened, there may be a way to seek compensation.

For example, you can hold Uber responsible for your injuries if it cuts corners on a background check and allows a driver with a dangerous record to transport passengers.

Even Uber Drivers Can Qualify for Financial Compensation for an Accident

If you have suffered an injury as an Uber driver, you can still qualify for financial compensation for your injuries. Although Uber does not provide workers’ compensation benefits, and you cannot sue the company, you can still file a claim against the other driver in the accident.

Working at the time of the accident does not prevent you from getting paid for your injuries. You have the same legal rights as an Uber driver as any other motorist.

Some states even require Uber to cover drivers in accidents, while others may require Uber to purchase personal injury protection. Check in with an Uber accident lawyer to see if you have a potential claim for financial compensation.

Why You Need an Uber Accident Lawyer for Your Case

You always need an Uber accident attorney to represent you when seeking compensation for your injuries. The Uber claims process can be tricky, even when you think you know who was to blame for the accident.

Multiple insurance companies in the legal claim may need to pay you money. In theory, several layers of insurance can give you access to more coverage, but it also means you have to deal with multiple insurance companies.

The companies that provide insurance coverage for Uber drivers make quite a bit of money from this business and want to keep as much of their profits as possible. Simply stated, there may be many moving puzzle pieces in your case and much you must handle before you can get fully paid for your injuries.

How an Uber Accident Attorney Can Help You

Hand about to bang gavel on sounding block in the court roomYour Uber accident lawyer will perform a complete investigation of the accident to help determine where you should file your claim. Before they can act on your behalf in the legal process, they will do extensive legwork to put you in a position where you can seek compensation.

Not only will they gather evidence of who was to blame for the accident, but they will also help you learn the dollar value of your case. You have to prove your Uber accident damages the same as you must show which driver was to blame.

Dealing with the insurance company maze can be complex, but the result should be that you receive full compensation for your Uber accident injuries. Along the way, your Uber accident lawyer will communicate with the insurance companies in your case.

You may field numerous settlement offers from more than one insurance company that you will reject because it needs to pay you more money. You may even threaten to file a lawsuit or take your case to court if an insurance company refuses to settle your claim or does not offer you enough money.

Accident victims who hire attorneys almost always end up with more money in their pockets than those who try to take matters into their own hands.

Additionally, laws and regulations surrounding rideshare services like Uber are constantly evolving. Having a lawyer who stays up to date with these changes and understands how they may impact your case is important. They can apply their knowledge to build a strong legal strategy as they help you deal with the legal system and insurance companies.

You Do Not Have to Worry About Upfront Costs for an Uber Accident Attorney

One of the best things about an Uber accident attorney is that they do not expect to get paid from your personal funds as a condition of their legal representation. There is never any upfront obligation to hire an Uber accident attorney other than signing a representation agreement that promises they will receive payment if and when you win your case.

Most Uber accident attorneys work on a contingency fee basis, meaning they only get paid if they win your case. This arrangement allows you to pursue your claim without the financial burden of paying for legal fees upfront.

Instead, your attorney’s fees will come from the final settlement or court award. Your lawyer will work hard to ensure you receive compensation, as their payment depends on a successful outcome.

Consult With An Experienced Attorney Today

Determining liability in an Uber accident is a complex process that depends on the specific circumstances. While Uber drivers are often responsible for accidents, other parties may also be at fault.

In any case, after an Uber accident, consult an experienced personal injury attorney who can evaluate your case and handle the legal process to seek the compensation you deserve.

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