UBER PASSENGER INJURED DURING RIDE?Last updated on: October 28, 2022
WHAT IS THE BEST WAY TO DEAL WITH UBER ACCIDENTS?
Car accidents can be shocking for victims, but do not panic if you find yourself in such a situation. There are a few steps you can take to preserve the strength of your case and tend to your injuries from the accident.
REPORT THE ACCIDENT
First, report the accident. Once you call 911, a reporting officer should come to the scene of the accident and write up the report.
The report includes the names and contact information of everyone involved in the accident, along with the officer’s initial impression of how the accident occurred and who caused it.
You can use this as evidence that the driver or rideshare company you are suing was at fault for the accident. The accident report will become public record within a few days, and you can request it online.
REFUSE PREMATURE SETTLEMENT OFFERS
Your insurance company might call you soon after the accident and have a settlement offer already in place. You might be eager to accept the offer, especially if you have begun receiving medical bills from the accident.
Do not accept any settlement offers before you have a grasp of all the losses you will have sustained from the accident. You might believe you suffered minimal injuries and accept an offer, only to discover later that your injuries were much more serious than you originally anticipated.
Speak with an attorney to calculate your total damages. Then you will know what a fair settlement amount would be in your case.
CONTACT A CAR ACCIDENT LAWYER
When an attorney helps you determine the value of your case, he or she can also help you set goals for your case. The car accident lawyer might discourage you from filing a claim if your case is not strong enough for the time, money, and effort of the litigation process.
Once you have determined whether to file a claim at all, your lawyer can help you with the substantive and procedural elements of your claim. Then, the lawyer can help you with negotiating and settling your claim. If the at-fault party will not settle for the amount you deserve, then your attorney may advise you to take your case to trial.
The evidence for your case is the strongest at the accident scene immediately following the accident. If possible, try to obtain information about the Uber driver, including that driver’s automobile liability insurance policy–Uber provides secondary auto insurance for its online drivers.
SEEK MEDICAL ASSISTANCE
Consider how seriously you are injured and determine whether emergency medical services are needed at the scene of the crash. You should summon EMS crews by dialing 911 if you see significant bleeding, you suspect there are head, neck, or back injuries, or you are not certain as to how seriously individuals are hurt.
DOCUMENT THE ACCIDENT
If you can safely do so without endangering yourself or others, take photographs of the accident scene, the vehicles involved in the crash, damage to property, and road signs or traffic control signs present that may have contributed to the crash.
WHAT IF THE UBER DRIVER AND OTHER DRIVER ARE AT FAULT?
If the Uber driver or another driver is at fault for an accident and you were the passenger, you are eligible for compensation. You should not have to pay for your expenses from the accident. Whether you carry personal injury protection insurance in a no-fault state or rely on the drivers who caused the accident to cover your expenses in an at-fault state, your injuries should be covered.
A driver was at fault for the accident if he or she acted negligently. To prove negligence, you must show that:
- The driver owed you a duty of care.
- The driver breached the standard of the duty of care.
- You suffered a compensable injury.
- Your injury was caused by the driver.
If all four of these elements are met, the driver is at fault for the accident. If you are unsure whether you can prove these factors, speak with a personal injury attorney.
TYPES OF DAMAGES FROM UBER ACCIDENTS
An injury from a rideshare collision falls under the personal injury category. In personal injury cases, victims can recover for economic and non-economic damages. Sometimes, in extreme cases, victims may receive punitive damages to punish the defendant and deter the defendant from similar acts in the future.
Economic damages refer to the financial loss you suffered from the accident. This can be calculated using known figures. It includes past, current, and future medical expenses; missed wages from time off work; damages to property; and loss of earning capacity.
Non-economic damages refer to the pain and suffering you experienced from the accident. This amount is more difficult to calculate, since pain and suffering do not have uniform monetary values. It includes physical and mental suffering, loss of enjoyment of life, and disfigurement.
Your insurance adjuster might present a settlement offer quickly, but always discuss your case with a rideshare accident lawyer before accepting the offer. These offers do not always take into account your future damages from the accident.
WHO PAYS FOR UBER CAR ACCIDENT PASSENGERS’ INJURIES CLAIM?
Uber’s#:~:text=Uninsured%2Funderinsured%20motorist%20bodily%20injury%20coverage%20insures%20injuries%20to%20you,of%20a%20hit%20and%20run.”>coverage for its drivers and passengers exists under two distinct settings: (1) when the driver is available or waiting for a ride request and (2) when the driver is on route to pick up passengers or during rides. As a passenger, you would be covered under the second setting.
Uber has a $1 million third-party liability policy and uninsured/underinsured motorist bodily injury and/or first-party injury insurance. However, you will probably be covered by your driver’s insurance first, and if his or her coverage is not sufficient, Uber’s insurance will cover you.
HOW DOES INSURANCE COVER PASSENGERS IN UBER COLLISIONS?
The way passengers are covered by insurance in Uber collisions depends on whether the passenger lives in a no-fault state or an at-fault state. In a no-fault state, people are required to carry personal injury protection insurance. Your own insurance covers your medical bills.
In an accident with an Uber in a no-fault state, you would submit a claim to your own insurance policy to cover your medical bills. Whatever your policy does not cover may be submitted to Uber’s policy or to the at-fault party’s policy.
In an at-fault state, the person who caused the accident must take responsibility for the injuries resulting from the accident. The at-fault party’s insurance covers the accident. Whatever that insurance does not cover, Uber’s policy or your policy can probably cover.
CAN UBER DRIVERS BE SUED IF THEY ARE INJURED IN AN ACCIDENT?
The at-fault party is responsible for the injuries of others. Of course, the at-fault party can also be injured in the accident, perhaps even more seriously than the victim. However, this does not stop the Uber driver from being sued if they caused the accident.
Therefore, if you were hurt by an Uber driver, you can sue regardless of whether the driver was hurt. Speak with a personal injury lawyer to learn about your options if the Uber driver was injured.
CAN I SUE UBER AS A PASSENGER?
An Uber passenger is the most likely person in the accident to be able to successfully sue Uber. That is because an Uber passenger is the least likely to have caused the accident. Other parties, such as the Uber driver and the other driver involved in the accident, may be at fault for failing to safely follow traffic laws.
It is also better if you can sue Uber rather than the individual driver. While the driver is almost certainly insured and could probably compensate for your injuries, Uber is in an even better position to do so. However, suing Uber can be more complicated than suing the driver.
In a normal employer-employee relationship, the employer is held legally responsible for the negligence of its employees while they are working. Uber typically avoids an employer-employee relationship with its drivers by classifying them as independent contractors.
Nevertheless, you might be able to sue Uber under particular circumstances that could indicate Uber’s negligence in hiring your driver. Also, if the driver’s insurance does not fully cover your injuries or if the driver sexually assaulted you, you could file a lawsuit against Uber.
CONTACT AN UBER ACCIDENT PASSENGER RIGHTS LAWYER TODAY
At Zinda Law Group, our personal injury lawyers have helped thousands of crash victims get their lives back on track after a collision.
We will fight tirelessly to protect your legal rights and help you seek full compensation for medical bills, property damage, loss of income, pain and suffering, and more. We also work on a contingency fee basis, which means you pay nothing unless we win your case.
If you have been hurt by an Uber, Lyft, or other rideshare company, call Zinda Law Group today at (888) 330-5194 for a free consultation with one of our experienced Uber accident lawyers.
Meetings with attorneys by appointment only.