If a negligent Uber driver is responsible for your accident, you could sue them for monetary compensation. In many ways, these cases are no different than any other personal injury case. Holding the driver accountable requires a demonstration that they were negligent.
Where these accidents differ is the potential for insurance coverage paid for by Uber. In many situations, Uber could provide extensive coverage beyond what is offered by the individual driver’s policy. Our firm could help you weigh your options in the aftermath of an accident with an Uber driver.
Liability for an Accident Caused by an Uber driver
Determining liability in an accident with an Uber driver follows the same process as any other personal injury case. To secure compensation, you must establish that the Uber driver was negligent. Doing so requires you prove four different elements: the duty of care, breach, causation, and damages.
The Driver had a Duty of Care to You and Any other Passengers
A case against an Uber driver starts with a duty of care. If a defendant does not owe a duty to the plaintiff, the defendant is not financially responsible for the injuries. This element is usually not in dispute in these cases, as all drivers owe one another a duty to operate their vehicle safely. Uber drivers are not exempt from this duty.
The Driver had to have Breached their Duty to Keep You Safe
Next, the plaintiff must show that the Uber driver breached their duty of care. This is possible by establishing any number of driver errors or moving violations occurred. Some common ways to breach this duty of care include speeding, driving while intoxicated, or turning without signaling.
You must Show that the Breach Caused or Contributed to the Accident
The third element is the causal link between the defendant and your injuries. Causation means your injuries occurred from the defendant’s breached duty of care.
The Accident Resulted in Your Losses
The last element is damages. To secure a monetary award, you must show that you suffered damages from the Uber driver’s negligence. This could include things like medical bills or pain and suffering.
For a free legal consultation, call 317-636-7777
How Uber could also be Responsible for Your Damages
If you were injured in an accident with a negligent Uber driver, your options for pursuing a lawsuit against the rideshare company are limited. Uber treats their drivers as independent contractors, complicating things for injured drivers seeking benefits after accidents.
That does not mean Uber will not have a part to play in your case. State law requires Uber and other rideshare companies to provide their drivers with insurance under certain circumstances. These policies could cover your damages when you file a lawsuit against the careless driver.
You Can File an Insurance Claim Against Uber’s Policy, after a Certain Point
You must remember that the insurance coverage Uber provides is secondary. That means you must first exhaust the coverage provided by the driver’s personal policy before Uber’s coverage kicks in.
The amount of coverage Uber provides varies depending on the circumstances. Three phases apply to all Uber drivers. The driver’s phase at the time of the accident will determine the benefits you could recover.
Phase 1 Limits You to the Driver’s Personal Insurance Coverage Protection
During the first phase, the driver is not carrying any passengers and is not using the Uber app to find one. In this phase, Uber does not provide any additional insurance coverage and treats the driver as if they were using the vehicle for personal reasons.
In this phase, you are limited to the compensation you can recover from the driver and their personal insurance policy.
Phase 2 Rides Provide Accident Victims the Opportunity to File with Uber’s Policies
In Phase 2, the driver does not have a passenger but seeks one using the Uber app. This could mean they are monitoring the app for a possible ride or even on their way to make a pickup.
In this phase, Uber provides drivers with:
- $50,000 in bodily injury coverage per person
- $100,000 in bodily injury coverage per accident
- $25,000 in property damage coverage per accident
Phase 3 Rides Increase the Potential Compensation You Could Collect
Phase 3 starts when a driver picks up a passenger and ends when the passenger leaves the vehicle. Uber provides up to $1 million in coverage for bodily injury and property damage during this phase.
Contact Our Firm to Discuss Your Uber Accident
You can sue an Uber driver if you were injured in an accident, and you do not have to do so alone. Our Uber and Lyft rideshare accident lawyers are prepared to fight for fair compensation.
If you are ready to get started with your case, call (317) 720-3229 for a free consultation with the Sevenish Law Firm, P.C. We only handle personal injury cases, so our experience is applicable to your situation. You can file a rideshare accident claim without an attorney, but doing so leaves you vulnerable to mistakes.
Call or text 317-636-7777 or complete a Free Case Evaluation form
