Rideshare companies, such as Uber, add value to the economy and make it easier to get around. However, this convenience also comes at a cost, and the realities of the rideshare system introduce additional dangers to your transportation and can put your safety at risk. You may be entitled to financial compensation if you have suffered an injury in an Uber accident.
Additional challenges are associated with the rideshare claims process, making an attorney an absolute must. Chances are that you will end up with more money in your pocket if you hire a San Antonio Uber Accident Lawyer, even after you pay them their recovery percentage.
Uber has a system where drivers do not directly work for it, and you may wonder who is responsible for paying for your injuries in an accident. You can rest assured that you will not come away empty-handed if you file a claim.
Challenges You May Face in an Uber Lawsuit
There may be multiple drivers in an Uber accident, and it can be challenging to figure out who was responsible and who has a legal obligation to pay you. Sometimes, there are several insurance companies involved, each with financial motivations. Your primary objective is to get all the money you deserve for your injuries, and the only way to navigate some of the difficulties you face is to hire a rideshare accident attorney.
How Uber's Insurance Policy Pays for Your Injuries
Uber will provide an insurance policy that covers accident damages when its driver is at fault for what happened. To understand the coverage levels, you must comprehend how driving for Uber works. Drivers are out on the streets, using their apps to receive ride requests. They are always looking at their devices so they can quickly respond to what may be a more financially rewarding request for a ride (for example, a trip to the airport or another long-distance ride).
The driver is in a holding pattern until they see a ride request come across the app. The Uber driver may even engage in a practice called deadheading, which is hanging around in a high-traffic area that is known for yielding financially rewarding ride requests. If they receive a request through the app, they will decide whether to accept it. They are constantly engaged with the app while driving, which can lead to dangerous situations.
The Levels of Insurance Coverage for Uber Accidents
There are three levels of insurance coverage for Uber accidents:
- Suppose the driver is in the car, but their app is off. In that case, the driver's personal insurance policy is in effect, and the driver will be responsible for paying damages when the Uber driver is to blame for the accident. Their coverage will pay up to the amount of the policy limits.
- If the driver has the app turned on but does not have a passenger in the car or has not accepted a ride request, there is coverage of $50,000 per person, $100,000 per accident for injuries, and $25,000 in property damage per accident.
- If the driver has accepted a ride request or they have a passenger in the car, there is the highest level of coverage. There is at least $1,000,000 for property damage and injuries to riders and third parties involved in an accident.
While it may be hard to comprehend, $1 million is not as much as it may seem in a severe car accident. First, the money is divided among all people who suffered injuries and damages in an accident, so you can be jockeying with other people who have also filed claims. Second, more than $1 million is needed to pay for your injuries' full scope and extent. Thus, the driver may also have insurance to cover over and above what Uber automatically offers. In addition, you can even file a claim against your underinsured motorist coverage from your car insurance policy.
Your Legal Options for Obtaining Compensation After an Uber Accident
Your attorney will investigate the accident and help determine who was at fault. If the Uber driver’s coverage is at play, the following will apply:
- If you suffered an injury as a passenger, you can file a claim against the Uber driver if they were at fault for the accident. If the other driver was to blame for the accident, you will file a claim against their insurance policy.
- If you are a driver who suffered an injury in a crash with the Uber driver, you can file a claim against the Uber driver if they were the one who was negligent in your accident.
You Can Sue Uber's Insurance Company to Seek Full Compensation
If your claim is against Uber, you will submit it to its insurance company. Alternatively, if you sue the driver directly, their insurance company must defend them from the legal proceedings.
Uber works with several insurance companies, all making a lot of money. The rideshare companies call their insurance companies "partners"; this term indicates they have a mutually beneficial relationship, and you must be careful.
You should approach the insurance companies with a compelling claim that shows that the Uber driver was to blame for your injuries. If you were a passenger in the car, expect that the insurance company may try to deflect, blaming your driver for the crash and telling you to file your claim against them. If you were a driver involved in a collision with an Uber driver, anticipate that the insurance company may deny your claim or even try to blame you for the accident.
Damages in Uber Accident Claims
An Uber accident can have serious consequences, both physically and emotionally. If you find yourself in this situation, you need to understand the damages you need to seek money for. Your Uber accident lawyer can tell you the compensation you deserve and what evidence will prove these losses to the insurance companies.
Medical bills
One of the most significant damages in an Uber accident claim is medical bills. Depending on the severity of the accident, you may require immediate medical attention, ongoing treatment, or even long-term care.
Lost income
Another major area of damages is lost income. If your injuries prevent you from working, you may be entitled to compensation for the income you should have earned during your recovery period or are kept from earning in the future.
Pain and suffering
Pain and suffering can also be significant damages in an Uber accident claim. Physical pain, mental anguish, and emotional distress from the accident can have a lasting effect on your quality of life.
In addition to these damages, other potential losses may include:
- Loss of enjoyment of life
- Scarring and disfigurement
- Permanent disabilities or impairment
- Emotional distress
Your case is unique, and do not let an insurance company for Uber or a driver tell you anything different. Instead, have a lawyer who can compile evidence of all these losses and fight tooth and nail for every dollar you need and deserve.
How Uber's Insurance Company Will Handle Your Claim
Uber's insurance company will review your claim and determine whether to offer you a settlement. Remember that insurance companies have motivations for how they handle your claim. They want to keep as much of the millions Uber has paid them as possible and try to avoid paying claimants by complicating the process.
You can continue negotiating compensation with Uber's insurance company and expect a low settlement offer. The insurance companies want to give themselves room to raise the offer to reach a settlement agreement with you. All their tactics are part and parcel of the deception that insurance companies use in the claims negotiation process.
You Can Sue the Driver Through Their Insurance Company
If Uber's insurance company refuses to pay the claim, you can file a claim against the driver, and their insurance company will defend them in court. If the insurance companies refuse to pay what you deserve, you can and should take legal action. Filing a lawsuit will take the matter out of the insurance company's hands and put it into the jury's.
Even if you filed a lawsuit against Uber's insurance company, you will likely continue negotiating a settlement until the end of the case. Only some actual lawsuits will end up in front of a jury. Both you and the insurance company have powerful incentives to settle the case before the end. From your perspective, you will lock in the certainty of an agreement while reducing the chances that you will get nothing if you lose your case. From the insurance companies' perspective, they may still pay you less in a settlement. Insurance companies do not like surrendering any control to a jury; there is a high likelihood that the jury will order a higher verdict than the settlement you would have otherwise received.
Circumstances in Which You Can Sue Uber for an Accident
There are also some limited circumstances in which you can sue Uber directly for accident injuries. Uber must conduct safety and background checks on its drivers, review driving records, and look for any criminal convictions.
There have been instances where Uber has cut corners on background checks. The company missed glaring safety issues with drivers who then proceeded to sexually assault passengers. Injured passengers can sue Uber directly for negligent hiring in situations like this. The same goes if Uber fails to screen drivers with dangerous records or eliminate those the company learns present a danger to passengers and others on the road.
Why You Need an Uber Accident Lawyer
You need an experienced attorney to represent you in the legal process because more things are happening in a rideshare accident case than in a "standard" car accident claim. Two drivers may share the blame for the crash. You can even have your insurance company in the mix, meaning there can be as many as three insurance companies with a say in your claim.
Rideshare claims can be confusing under the best circumstances. You may not know the unique rules, and you are also dealing with physical injuries. You need more capacity and presence to handle your claim in a way that maximizes your financial recovery. You can and should hand over the details of your case to an experienced rideshare accident attorney who knows the traffic laws for these cases. Your attorney's presence and work can lead to a far better financial result than if you tried to deal with everything alone. Insurance companies do not want you to hire an Uber accident lawyer because it means less money for them.
Do Not Let Money Get in Your Way of Getting Legal Help
If you are concerned about how you will afford a rideshare accident attorney, you can put your concerns aside once you learn how the contingency fee system works. You do not pay your attorney when you have your initial consultation and do not pay them while your case is pending. When you hire a rideshare accident lawyer, you sign a contract promising to pay them only when you win your case. They will receive a percentage of your case's proceeds if you receive a settlement or win your case in front of a jury. Those are the only times you need to pay; the money will not come from your pocket. If you do not win your case, you do not need to pay your attorney anything for their time and services.
Seek a Free Consultation With an Uber Accident Attorney
One of the key benefits of consulting an attorney is that they provide you with a free consultation to assess the details of your case. This initial consultation allows you to discuss the accident, any injuries you have, and your possible legal options. The Uber accident attorney will carefully look at the circumstances of the accident and give you an honest assessment of your case. Call a law firm in your area now. You will never regret it.
