Is It Possible To Sue Uber For A Car Accident?

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    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 involving Uber, you have the legal right to pursue a lawsuit against the responsible party. Establishing negligence is key to potentially recovering financial 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 dimension—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 is a beacon of hope amid the legalities surrounding rideshare crashes. If you are involved in an Uber accident, the injury attorneys at Arash Law, led by Arash Khorsandi, Esq., are ready to provide you with guidance and unwavering legal support. Your path to recovery with Arash Law guarantees assurance and legal proficiency. Begin your legal journey by calling us at (888) 488-1391 or completing our online form for a free consultation.

    You Have the Right to Sue an Uber Driver

    In pursuing a personal injury lawsuit post-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 is 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 obligated to uphold the requirement of maintaining individual vehicle insurance coverage. This implies that if they are responsible for a collision, their liability carrier is duty-bound to compensate you for the injuries 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. If the situation demands, we stand ready to take decisive actions, even pursuing a civil lawsuit if necessary, to guarantee that you obtain the compensation rightfully owed. Opt for Arash Law—your champions for justice and protection after an Uber accident.

    You Cannot Sue Uber Directly

    You Cannot Sue Uber DirectlyWhile pursuing legal action against the driver accountable for your collision is possible, the law does not permit filing a lawsuit directly against Uber. This limitation arises from the classification of Uber drivers as independent contractors rather than employees.

    Uber positions itself as a platform that acts as a liaison between drivers and passengers seeking transportation. Although Uber facilitates these rides, they assert that they merely connect passengers to independent drivers rather than being employers of the drivers themselves. Courts have generally upheld this position in legal proceedings thus far.

    This distinction is significant, as it shields Uber from civil liability for the actions of its drivers. Unlike employees, independent contractors do not render Uber susceptible to such liabilities. However, if Uber’s negligence in screening drivers can be demonstrated, there may be grounds for a potential claim.

    Understanding the complexities of Uber’s legal standing is important when seeking recourse for an accident. While a direct lawsuit against Uber may not be viable, exploring avenues related to the driver’s negligence or Uber’s screening practices may be essential in pursuing financial recoveries.

    You Might Be Entitled to Benefits Through Uber’s Insurance Policy

    You Might Be Entitled to Benefits Through Uber’s Insurance PolicyAlthough filing a direct lawsuit against Uber is not permissible, it doesn’t preclude holding them accountable through other means. State laws mandate Uber to furnish 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 a compensation claim against the driver responsible for the collision.

    When considering liability claims, the standard procedure may initially involve seeking benefits 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 pre-arranged trip. Uber does not provide insurance coverage during these off-duty periods, making off-duty drivers depend on their personal insurance policy. The avenue for pursuing compensation lies in filing a claim against the responsible driver’s insurance policy.

    If the driver’s insurance falls short of covering the entirety of your damages, recourse is available through Uber’s insurance. Uber is mandated to uphold insurance coverage to address potential gaps in drivers’ policies. This assurance ensures comprehensive coverage for injuries sustained.

    Drivers Between Pre-Arranged Trips

    Uber’s insurance coverage becomes effective the moment a driver goes “online,” indicating their mobile app actively seeks potential riders. Between pre-arranged 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.

    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 pre-arranged 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 crash, 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.

    In compliance with state law, there’s also a provision for no-fault coverage. All occupants involved in an Uber collision can access up to $50,000 in no-fault coverage, addressing needs like lost wages and medical bills. Understanding these insurance nuances is crucial for Uber drivers and passengers to ensure adequate coverage at different stages of their claims.

    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 financially accountable for resulting injuries. When it is evident that the Uber driver is responsible, Uber may acknowledge liability and present a settlement offer.

    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 should be diminished.

    It is important to note that this extra liability coverage does not mean you can automatically file a claim against Uber 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 are prepared to 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. Trust Arash Law to advocate for justice and 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. Importantly, as a passenger, you are not considered at fault.

    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, eliminating the need for an actual lawsuit.

    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 private liability 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 another driver causes the accident, you can file a claim against the driver responsible. In scenarios where the at-fault driver lacks insurance or is underinsured, the rideshare company’s Uninsured/Underinsured Motorist (UM/UIM) policy generally covers damages, reaching the $1 million per accident limit.
    • 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 or on-duty but merely awaiting a fare (without a passenger), your primary claim would be against the driver, not Uber. Uber typically disclaims liability if the driver doesn’t have a fare. Nonetheless, their contingency insurance may provide additional coverage if the driver is available for fares.
    • If the driver had a passenger, the entire $1,000,000 policy should apply to your accident—though Uber might contest it. Understanding this will help you determine the appropriate course of action based on the specific circumstances of the incident.

    Whether you were a passenger or not, our skilled team at Arash Law is committed to ensuring the attainment of your rightful settlements. Rely on the strategic approach of our award-winning Uber accident lawyers at Arash Law to champion your cause, guiding you through your claim process.

    How Can You Establish Whether an Uber Driver Was Available for Rides at The Time of The Accident?

    How Can You Establish Whether an Uber Driver Was Available for RidesDetermining 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, allowing them to resolve the availability status. Seeking a definitive answer from Uber, your attorney can clarify whether the driver was purportedly available for fares.

    In an Uber accident, it’s imperative to enlist the assistance of a car accident lawyer. Uber’s substantial resources may lead them to attempt to minimize compensation. In this regard, seeking the expertise of a legal professional from Arash Law specializing in Uber accidents is vital for ensuring your rights are safeguarded and fair compensation is obtained.

    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 pursue a claim against the operator of the other vehicle deemed responsible. The state mandates all vehicle operators maintain a specified level of insurance to cover incidents like this. Moreover, Uber is obligated to carry specific insurance coverage in select states to safeguard the rights 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 recover the full extent of damages may be limited. Personal auto insurance policies typically do not apply when a driver is engaged in business or commercial activities, triggering the need for specific insurance requirements at the state level for personal injury, death, and property damage.

    The rideshare company’s insurance usually serves as the primary coverage for accidents involving an Uber driver responsible for the incident. 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 Claim 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 recoverable damages in an Uber accident.

    • Medical Expenses: You can claim expenses for medical treatments your injuries 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 are entitled to make a claim to cover lost wages, encompassing both current and potential future earnings.
    • Property Damage: Compensation is attainable 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 for pain and suffering damages to address these non-economic harms.
    • 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 repercussions for months or even years. It is essential to seek medical attention promptly and build a compelling case against the responsible party, whether the Uber driver or not. Establishing negligence is critical to securing compensation for medical bills and other damages resulting from the accident.

    Engaging in direct negotiations with Uber’s insurance company doesn’t guarantee securing the highest compensation amount. Additionally, a fair settlement is not guaranteed despite Uber’s access to a substantial insurance policy for such accidents. To explore this complex terrain, protect your rights, and optimize your chances of a comprehensive recovery, seeking guidance from an experienced legal expert is paramount.

    Look for a professional with a proven track record of advocating for fair settlement amounts and the readiness to go to trial if necessary. While finding oneself in such a situation is undoubtedly challenging, securing the expertise of the knowledgeable Uber accident lawyers from Arash Law can significantly alleviate stress and manage expectations moving forward.

    Steps You Need to Follow After Your 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 ensure your well-being and protect your legal rights in the event of a potential lawsuit.

    For those involved in an Uber accident in California, following these steps will position you well for recovering damages:

    1. Call 911: It’s imperative to contact the police when 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 your attorney will require for 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 ensures you 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, led by Arash Khorsandi, Esq., our Uber accident attorneys bring a unique blend of legal prowess and strategic insight to every case. Beyond legal representation, we are dedicated to championing your cause. Your rights are protected and upheld with an unwavering commitment to securing the compensation you deserve.

    How Frequently Do Uber Accidents Occur?

    How Frequently Do Uber Accidents OccurIn California, the surge in Uber’s popularity has translated into a notable uptick in Uber-related accidents, catching the attention of accident lawyers. 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 services’ introduction.

    Why Does Uber Refrain from Contacting The Police?

    A unique aspect of Uber’s policy is the prohibition on its agents recommending victims to contact the police directly. The rationale behind this prohibition is rooted in Uber’s strategic efforts to maintain a meticulously crafted safety image. In doing so, Uber aims to mitigate potential legal implications and liability that may arise from police involvement and subsequent litigation.

    When encountering issues during a trip, drivers and customers often turn to Uber’s customer support team, referred to internally as investigators, to report incidents and seek assistance.

    How Much Can You Claim in 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 receive hinges on the extent of harm and the severity of your injuries. Calculated based on the damages you are entitled to, your settlement value is influenced by the evidence supporting 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.

    Emphasizing the impact of seasoned legal support on the outcome of an Uber accident settlement, Arash Law’s personal injury lawyers stand ready to provide expert guidance tailored to your case. Our firm’s commitment to navigating the intricacies of your case ensures you are well-positioned to maximize compensation. With the substantial benefits of legal assistance, our team is dedicated to enhancing the likelihood of a favorable settlement for you. Trust Arash Law to champion your cause and deliver exceptional results in the aftermath of an Uber accident.

    Common Injuries Resulting from An Uber Car Accident

    Common Injuries Resulting from An Uber Car AccidentUber 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)
    • Wrongful death

    For injuries that are not permanent or life-altering, Uber’s bodily injury coverage, complementing their drivers’ insurance, is typically sufficient to cover the associated medical costs. However, in cases of permanent injuries resulting in conditions like paralysis or permanent disfigurement, it is advisable to consult our Uber accident attorneys at Arash Law. We can provide guidance on possibly suing Uber directly to seek appropriate compensation.

    Arash Law – Your Trusted Advocates for Uber Accident Claims and Compensation

    Whether you’re a passenger or driver, Uber accidents are distressing, especially when claiming 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 on large companies alone for compensation is challenging. Arash Law can level the playing field and ensure you receive the justice you deserve in your Uber accident case. Our team of experienced injury lawyers, led by Arash Khorsandi, Esq., can assist you in filing an injury claim against Uber or the responsible driver, regularly providing support for your pain and suffering.

    With decades of experience handling Uber accident cases and a proven track record of success, our proficient car accident lawyers at Arash Law can help you navigate the complexities and determine the appropriate legal course of action. We prioritize ensuring you receive top-notch legal assistance and adequate representation against your auto insurance company and other parties involved.

    We are proud to offer our legal services 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 around the clock, ensuring accessibility when you need assistance.

    Covering diverse domains of personal injury law, including challenging accident cases, Arash Law is your partner in seeking justice. Take the first steps toward resolution by contacting us at (888) 488-1391 for a complimentary case evaluation. Our exceptional track record of securing over $500 Million in client compensation speaks to our legal expertise. Your journey towards justice commences with us.

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    DISCLAIMER: Information provided on this blog is not formal legal advice. It is generic legal information. Under no circumstances should the information on this page be relied upon when deciding the proper course of a legal action. Always obtain a free and confidential case evaluation from a reputable attorney near you if you think you might have a personal injury lawsuit.

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