Is It Possible To Sue Uber For A Car Accident?

In the ever-evolving landscape of modern transportation, Uber has revolutionized moving from point A to B. The convenience of a rideshare service has become an integral part of our daily lives, offering a reliable alternative to traditional taxis. However, there can be unforeseen bumps in the road amidst the convenience. If you are a victim of a car accident caused by Uber’s negligence, you may have the legal right to file a lawsuit against the responsible party. Establishing negligence is key to pursuing compensation for the injuries you endured.

According to the 2019-2020 Uber Safety Report, there were a total of 91 fatal accidents that resulted in 101 deaths. In 32% of these incidents, at least one speeding vehicle was the primary contributing factor, while 23% were attributed to alcohol-impaired drivers.

While an Uber accident case shares similarities with other vehicular incidents, it has its unique aspect, which is the possibility of filing a direct claim against Uber’s insurance policy. Here’s where Arash Law’s California Uber accident lawyers step onto the scene.

Our legal team can assist you in understanding the complexities surrounding rideshare crashes. If you are involved in an Uber accident, the injury attorneys at Arash Law are ready to provide you with guidance and experienced legal support. We have the resources and experience to handle complex injury cases, including rideshare accidents. We are dedicated to helping you seek compensation under the law and provide assistance that can help you regain your normal life. Call us at (888) 488-1391 for a free initial consultation or complete our “Do I Have A Case?” form to learn how we can help you.

You May Have The Right To Sue An Uber Driver

In pursuing a personal injury lawsuit after an accident, Uber drivers undergo the same legal scrutiny as any other negligent motorist. Should the Uber driver be at fault for your collision, initiating legal action against them may be a valid and practical step.

What sets these cases apart is the potential availability of multiple insurance sources for Uber drivers. This means that one or more insurance policies could comprehensively cover your damages, distinguishing these situations from those involving typical motorists.

Notwithstanding their status as Uber drivers, they are still required to maintain individual vehicle insurance coverage. This implies that if they are at fault for a collision, their liability carrier may be responsible to compensate you for the injuries you suffered. In certain instances, resolving these claims may necessitate resorting to a civil lawsuit.

Throughout the entire legal process, the Uber accident attorneys of Arash Law are committed to protecting your rights. We prepare your case for trial and offer legal representation during civil lawsuits, if needed, to help you pursue the compensation you may be entitled to. Consider seeking legal assistance from Arash Law to handle your Uber accident case.

You May File A Lawsuit Against Uber For Your Car Accident

While pursuing legal action against the driver accountable for your collision is possible, the law in California may also permit filing a lawsuit directly against Uber. This is because recent legal developments in California, driven by legislation and court rulings, have complicated the classification of gig-economy drivers as merely independent contractors.

Uber often positions itself as a platform that acts as a liaison between drivers and passengers seeking transportation. Although Uber facilitates these rides, it may assert that it merely connects passengers to independent drivers rather than being the employer of the drivers themselves.

This distinction no longer automatically shields Uber from civil liability. California law generally makes a company (the principal) liable for the negligent actions of its employees. While the legal status of “employee” versus “independent contractor” is complex and often decided on a case-by-case basis, victims of Uber accidents may pursue claims against Uber directly, often arguing that the company is a “common carrier” with a higher duty of care.

Understanding the complexities of Uber’s legal standing is important when seeking recourse for an accident. Exploring avenues related to the driver’s negligence or Uber’s screening practices may be essential in pursuing financial recoveries.

You May Be Entitled To Compensation Through Uber’s Insurance Policy

Depending on the details of the accident, a victim may be able to sue Uber directly and hold them accountable for their injuries and related losses. State laws mandate Uber to provide insurance coverage to its drivers under specific circumstances, and the coverage amount varies based on the situation. Take note that this insurance is deemed secondary coverage.

Most states in the country adhere to either an “at-fault” or “no-fault” framework in their car insurance systems. California specifically operates as an “at-fault” state. Hence, following an accident, you generally have the option to file an injury claim against the driver or company responsible for the collision.

When considering liability claims, the standard procedure may initially involve seeking compensation from the driver’s policy before Uber’s policy becomes a good option. Understanding this process is pivotal for individuals navigating through the aftermath of an accident involving an Uber driver.

Off-Duty Uber Drivers

Uber drivers are considered off-duty when they are not using the mobile app to seek riders and are not transporting passengers on a prearranged trip. Uber does not provide insurance coverage during these off-duty periods, leaving off-duty drivers to rely on their personal auto insurance policies. The avenue for pursuing compensation is to file a claim against the responsible driver’s insurance policy.

If the driver’s personal auto insurance falls short of covering the entirety of your damages, you may still seek compensation through your own Underinsured Motorist Coverage (UIM) if you have opted for it. This coverage allows accident victims to pursue damages when the at-fault driver doesn’t have enough insurance to pay for their losses.

Drivers Between Prearranged Trips

Uber’s insurance coverage becomes effective the moment a driver goes “online,” indicating that their mobile app is actively seeking potential riders. Between prearranged trips, drivers benefit from up to $50,000 in bodily injury liability coverage per person and $100,000 per crash. Additionally, there is coverage for property damage, providing up to $25,000 per accident.

Uber Drivers With Passengers Or Who Have Accepted A Pick-Up Through The App

The most comprehensive insurance coverage is reserved for Uber drivers en route to pick up a passenger accepted on the app or those transporting passengers on a prearranged trip. This coverage initiates when the driver actively uses the app to transport passengers to their destination or pick them up. It concludes as soon as the passenger exits the vehicle.

During this phase, Uber provides substantial liability coverage of up to $1 million per incident, extending protection to third parties, such as other drivers and passengers. Moreover, there’s coverage of up to $1 million for collisions caused by uninsured or underinsured drivers.

Understanding these insurance nuances is crucial for Uber drivers and passengers to determine potential sources of compensation.

If it concerns an at-fault state, the central inquiry revolves around determining the party at fault in the accident. Under California Law, a negligent driver responsible for an accident may be held liable for resulting injuries and damages. When it is evident that the Uber driver is at fault, Uber may acknowledge liability and present a settlement offer, depending on the specific details of the case.

However, if the circumstances are less clear and Uber declines to settle the claim, initiating a personal lawsuit against both the driver and Uber might become necessary. For instance, if another driver shares some responsibility for the collision, Uber might assert that it bears no liability or that it should be diminished.

It is important to note that having $1 million liability coverage does not automatically mean Uber will cover you for any personal injury or harm you have suffered. Instead, it functions as an extra layer of coverage to address damages that may surpass the limits of the driver’s insurance.

If the circumstances are less straightforward and Uber declines to settle, our accident lawyers at Arash Law can guide you through initiating a personal injury lawsuit against the driver and Uber. This is particularly important if shared responsibility for the collision is a factor, as Uber may attempt to argue reduced liability. Consider hiring our lawyers at Arash Law to help protect your rights and assist you in pursuing compensation after your Uber accident.

Can You Sue An Uber Driver If You’re An Injured Passenger?

Certainly! As outlined previously, passengers are protected by a comprehensive $1 million insurance policy. Generally, as a passenger, you are not considered at fault, but it still depends on the circumstances of the case.

In most instances, your claim is directed towards Uber, the company, rather than the individual driver. In many cases, initiating this as an insurance claim against Uber is often sufficient. However, Uber may deny liability in your accident, so it can be helpful to obtain legal representation from a skilled lawyer when seeking compensation for your injuries.

Can You Sue An Uber Driver Who Causes An Accident If You’re Not A Passenger?

Yes. Accidents involving individuals not directly riding in an Uber, such as pedestrians or third parties affected by collateral damage, necessitate specific consideration. In such cases, filing a claim against the driver’s insurance remains an option. Uber mandates its drivers to carry personal auto insurance and uninsured/underinsured motorist coverage, up to $1 million. This coverage comes into play when the rideshare driver’s insurance reaches its limit. The most common scenarios are:

• Involvement in a Vehicle — This includes whether you were the driver or a passenger in another vehicle involved in an accident with an Uber. If an Uber driver causes the accident, you can file a claim against their personal auto insurance. In scenarios where the at-fault Uber driver lacks insurance or is underinsured, the rideshare company’s Uninsured/Underinsured Motorist (UM/UIM) policy may cover the damages, reaching the $1 million per accident limit depending on the details of the accident.
• Pedestrian Incident — This entails cases where you are a pedestrian struck by an Uber.

In both instances, the course of action hinges on the Uber driver’s status, whether they were off-duty, on-duty and available for a ride, or on-duty with a passenger in the vehicle.

• If the driver was off-duty (the app is off), your primary claim would be against the driver’s personal auto insurance, not the rideshare company. Uber’s insurance does not provide coverage in this scenario.
• If the driver was on duty and available for a fare (the app was on but no ride had been accepted), Uber’s contingent liability insurance typically provides coverage if the driver’s personal insurance denies the claim. This insurance offers lower limits, such as $50,000 for bodily injury per person in California.
• If the driver had accepted a ride or had a passenger in the vehicle, Uber’s $1,000,000 liability policy may apply to your accident, depending on the specifics of the case. Uber and its insurance provider may still contest the claim. Understanding the applicable insurance coverage for each period is crucial for determining the appropriate course of action.

Whether you were a passenger or not, our skilled team at Arash Law is committed to helping you seek compensation for your losses. Our Uber accident lawyers at Arash Law can guide you through the claims process after being involved as a third-party in an Uber accident.

How Can You Establish An Uber Driver’s Availability For Rides During An Accident?

Determining the availability status of an Uber driver at the scene of an accident can be challenging. Therefore, it’s recommended to exchange information with the driver. Your attorney will likely file a claim against the driver and Uber, enabling them to start the process of determining the availability status. Seeking a definitive answer from Uber, your attorney will work to identify whether the driver was purportedly available for fares.

In an Uber accident, consider enlisting the assistance of a car accident lawyer who can guide you through the process and explain the coverage that applies to your case. Typically, Uber aims to protect its financial interests by minimizing its liability coverage payout. In this regard, seeking legal help from Arash Law for your Uber accident case can be beneficial in safeguarding your rights and pursuing compensation for your losses.

Types Of Uber Accidents

There are two primary categories of Uber accidents: those where the driver is not at fault and those where the driver is responsible for the crash.

In an accident where the Uber driver is not at fault and you were a passenger in their vehicle, you can file a claim against the other vehicle’s operator, who may be responsible. California mandates that all vehicle operators maintain a minimum liability coverage for incidents like this. Moreover, Uber is obligated to carry specific insurance coverage in select states to cover the damages of passengers injured in accidents caused by other drivers.

On the other hand, if the Uber driver is at fault for the accident and possesses only a personal auto insurance policy, your ability to pursue damages may be limited. Personal auto insurance policies typically do not apply when a driver is engaged in business or commercial activities. This situation often necessitates specific insurance requirements at the state level for personal injury, death, and property damage.

The rideshare company’s insurance usually serves as secondary coverage for accidents involving an Uber driver who is responsible for the incident. This coverage applies after the driver’s personal auto insurance has been utilized or exhausted. This insurance becomes effective from the moment the Uber driver accepts the passenger’s ride on the app until the completion of the transaction or ride, whichever is later.

What Damages Can I Pursue From An Uber Accident?

When assessing the possibility of pursuing legal action and seeking compensation against Uber following a car accident, whether the Uber driver is deemed responsible or not, it’s vital to comprehend the potential damages that may be applicable. Various factors, such as the specifics of your case, sustained injuries, and projections for future medical costs, can impact the compensation you may be entitled to in an Uber accident.

• Medical Expenses: You can seek compensation for expenses for medical treatments your injuries may require. This encompasses costs for transportation to and from hospital appointments, future medical care arising from sustained injuries, rehabilitation, disability payments, and past and future physical impairment.
• Lost Wages: If the Uber accident leaves you unable to work, you can file a claim for lost wages, encompassing both current and potential future earnings.
• Property Damage: You can seek compensation for damages to your property, including valuable items such as phones or laptops that may have been affected during the accident.
• Pain and Suffering: Beyond physical injuries, many accident victims endure emotional distress that significantly impacts their lives. Whether it involves a loss of enjoyment in life or the inability to engage in previously enjoyed hobbies or sports, California law allows you to file a claim for pain and suffering to address these non-economic damages.
• Wrongful Death: In the tragic event of losing a loved one in an Uber accident, our firm’s lawyer can guide you in filing a wrongful death suit. This includes seeking compensation for funeral costs and addressing the loss of consortium resulting from the unfortunate incident.

Individuals impacted by a severe Uber accident may endure consequences for months or even years. It is essential to seek medical attention promptly and build a compelling case against the responsible party, whether it is the Uber driver or not. Establishing negligence is critical to pursuing compensation for medical bills and other damages resulting from the accident.

Engaging in direct negotiations with Uber’s insurance company doesn’t guarantee a fair settlement despite Uber’s access to a substantial insurance policy for such accidents. An experienced personal injury lawyer can help you navigate these legal complexities, protect your rights, and negotiate with major insurance companies such as those associated with Uber.

Consider a lawyer with extensive experience handling injury cases, particularly those involving rideshare accidents, such as Uber. They can help build your case for trial and represent you in court to seek compensation. Our knowledgeable Uber accident lawyers at Arash Law can help you throughout the process. We have decades of experience in handling personal injury cases across California and know how to negotiate with major insurance companies. We can help address the challenges that may arise when filing insurance claims, including low settlement offers and claims denials.

Steps You Can Take After An Uber Accident

Taking immediate steps is critical if you are injured in an Uber accident. First and foremost, move to a safe location if possible. Seek medical attention promptly to protect your well-being and your legal rights in the event of a potential lawsuit.

For those involved in an Uber accident in California, consider these steps that may help you pursue damages effectively:

1. Call 911: Contact the police immediately if you are involved in an Uber accident. This initiates the filing of a report detailing the incident and allows for a thorough investigation. The resulting police report contains essential information that can support your claim, including the accident scene description, road conditions, names and contact details of witnesses, pictures of victims and vehicles, statements made by the involved drivers, and license and insurance information for all parties. Additionally, note any tickets or citations issued during the incident.
2. Check for Injuries: Assess your injuries and seek immediate medical attention. Even if you believe you’re uninjured, a medical check-up is advisable. Check for injuries in others at the scene and inform the police if anyone requires medical assistance. The authorities can arrange for an ambulance to transport all individuals to the hospital, where necessary tests, such as CT scans, MRIs, X-rays, and physical examinations, can be conducted to assess injuries.
3. Take Pictures: Capture images and videos of the accident scene using your phone. While the police will also document the scene, having your pictures of the vehicles, damages, road conditions, and overall accident scene can be valuable for your case.
4. Collect Information: Obtain insurance information from the Uber driver and the other involved motorists. Given the uncertainty immediately after the accident, you may need to file claims against both insurance policies.
5. Take Uber Information Screenshots: Preserve a record of your Uber ride by taking screenshots of your phone displaying the Uber ride information.

Following these steps can help prioritize your well-being, gather crucial evidence for your case, and lay the groundwork for potential legal actions after an Uber accident in California.

At Arash Law, our Uber accident attorneys understand how to carefully handle your case. We identify potential pitfalls and address any challenges, including your own actions that might negatively influence your claim. We can help you throughout the process of filing a claim or a lawsuit against the responsible party. Additionally, we will work diligently to pursue the compensation you may be entitled to under the law.

How Frequently Do Uber Accidents Occur?

In California, the surge in Uber’s popularity has translated into a notable uptick in Uber-related accidents. Despite the convenience offered by ridesharing services, these incidents carry risks on par with those seen in traditional motor vehicle accidents.

As a passenger in an Uber, the severity of injuries may be perceived as less than that of a driver. In the initial years of Uber’s introduction in 2010, fatal accidents were at their lowest. However, the landscape has evolved with an increasing number of Uber drivers, contributing to a gradual rise in these statistics.

According to Uber’s 2017-2018 Safety Report, the rate of fatal motor vehicle incidents involving Uber cars in 2018 stood at 0.57 per 100 million vehicle miles traveled. This contrasts with the national average of 1.13 fatal motor vehicle accidents per 100 million vehicle miles driven.

Conversely, a 2018 research study from the University of Chicago and Rice University indicated that ridesharing services, including Uber, were linked to a 3% increase in road fatalities across the United States since 2011, or 987 people each year.

Analyzing traffic fatality data from the National Highway Traffic Safety Administration across various cities and vehicle miles traveled, the researchers noted a significant rate surge following Uber’s introduction.

How Much Can You Claim In An Uber Accident Settlement?

When contemplating seeking compensation after an Uber accident, particularly if you sustained serious bodily injury, the question of whether there exists an average settlement from Uber may cross your mind. Unlike car accidents, there is no standard settlement figure for Uber-related incidents. The compensation you may pursue hinges on the extent of harm and the severity of your injuries. Additionally, the value of your settlement is influenced by the strength of the evidence that supports your claim.

For those who have experienced significant injuries, substantial property damage, or the tragic loss of a family member in an Uber accident, the average settlement tends to be notably higher compared to accidents involving only minor injuries.

Seeking legal support can influence the outcome of an Uber accident settlement. Arash Law’s personal injury lawyers stand ready to provide experienced guidance tailored to your case. Our firm is committed to helping you navigate the intricacies of your case to pursue the compensation you may be entitled to. We work to gather evidence and create legal strategies to help strengthen your claim. Moreover, Arash Law provides comprehensive legal representation and advocates for your rights in the aftermath of an Uber accident.

Common Injuries Resulting From An Uber Car Accident

Uber passengers or drivers may sustain various injuries in the event of an accident. Among the commonly observed injuries are:

• Sprained, fractured, and broken bones.
• Bruises, cuts, lacerations, and gashes.
• Neck injuries, including whiplash.
• Back injuries.
• Spinal cord injuries, potentially leading to paralysis.
• Injuries to the head and skull, including traumatic brain injury (TBI).

For injuries that are not permanent or life-altering, Uber’s bodily injury coverage, in addition to the insurance held by its drivers, is typically sufficient to cover the associated medical costs. However, in cases of permanent injuries resulting in conditions like paralysis or permanent disfigurement, it can be beneficial for you to consult our Uber accident attorneys at Arash Law. We can provide guidance on possibly suing Uber directly to seek fair compensation for your losses.

Contact Arash Law’s Accident Attorneys For Your Uber Accident Case

Whether you’re a passenger or driver, Uber accidents can be distressing, especially when pursuing compensation for injuries and damages. While your insurance may cover some, serious injuries might require filing a claim against the Uber driver or the company.

Taking legal action against large companies on your own, especially if you are still recovering from your injury, can be challenging. Arash Law can guide you through the process and handle all the legal aspects on your behalf. We can help you in seeking the compensation you may be eligible for in your Uber accident case. Our team of experienced injury lawyers can assist you in filing an injury claim against Uber or the responsible driver. We also aim to provide regular updates on your case’s progress so you can make informed decisions at each stage.

With decades of experience handling Uber accident cases, our car accident lawyers can help you navigate the complexities and determine the appropriate legal course of action. We provide dedicated legal assistance and skilled representation against your auto insurance company and other parties involved.

Furthermore, our firm also handles other types of personal injury cases, including truck collisions, pedestrian accidents, workplace compensation, dog bites, wrongful death claims, and more.

We offer our legal services to injured victims in numerous locations across California, spanning Los Angeles, Sacramento, San Francisco, Riverside, Orange County, San Jose, San Diego, Anaheim, Bakersfield, Fremont, Fresno, Glendale, Gustine, Oceanside, Santa Ana, San Bernardino, San Luis Obispo, Santa Rosa, Tehachapi, and Visalia.

Our dedicated legal team is available to answer any questions you may have about your case. Call us at (888) 488-1391 for a free case review to discuss your situation and explore your legal options.