Las Cruces Uber Accident Lawyers
CALL (800) 863-5312 TO SPEAK WITH LAS CRUCES UBER ACCIDENT LAWYERS FOR FREE
Uber and other ridesharing services, such as Lyft, have rapidly transformed the transportation industry. While rideshare services provide a similar service to taxis, they operate much differently, and accidents are similarly treated much differently. Because of Uber’s unique operating model, accident victims often have difficulty pursuing claims.
If you or a loved one has been injured in a car accident involving Uber or another ridesharing service, call the Las Cruces Uber accident lawyers from Zinda Law Group at (800) 863-5312 for a free consultation. If we are not able to win your case, you will not owe us anything.
WHOSE INSURANCE COVERAGE APPLIES?
To maintain lower fees for its ridesharing services, Uber drivers are considered independent contractors rather than employees. They must also generally carry their own independent insurance coverage aside from, which generally only covers passengers and drivers during certain periods of the trip. Examples of how these different periods are covered by insurance include:
- If the driver is in the vehicle but is not using the ridesharing app, the driver is considered “offline,” and any accident will be handled by the driver’s personal insurance coverage.
- If the driver is using the app in the vehicle while waiting to accept a ride, the driver is considered “available,” and any accident will be covered by Uber’s insurance coverage, but only for a limited amount.
- For drivers who have accepted a ride and are “en route” to pick up the passenger, the accident is covered by Uber’s full insurance coverage.
- When the passenger is in the driver’s vehicle and headed to their destination, the driver is considered to be “on trip,” and any accident is covered by Uber’s full insurance coverage.
HOW TO FILE A CLAIM
1. Consult an Uber Accident Attorney
An Uber accident lawyer in Las Cruces may be the difference in successfully pursuing compensation after an accident involving an Uber or other ridesharing service. Insurance companies often attempt to take advantage of the complicated nature of ridesharing services to avoid liability after an accident. For example, while employers are typically liable for accidents caused by their employees if the employee was driving for work purposes, Uber drivers are classified as independent contractors, which may prevent Uber from being liable depending on the circumstances of the accident. Your lawyer may also be able to help you contact Uber to inform them of the accident.
2. Investigate the Accident
An attorney may investigate the accident to gather documentation and information that may support your claim. When Uber or other ridesharing services are involved in your accident, your attorney’s investigation may include determining the status of the driver at the time of the accident to better understand whether the driver’s personal insurance coverage or the Uber coverage may apply. Your attorney’s investigation may also gather available documentation regarding the details of the accident, any injuries suffered, or property damage to your vehicle.
3. Negotiate a Settlement
An experienced Las Cruces Uber accident attorney may be able to help you pursue a settlement to help you recover from your injuries cover the costs you incurred from the accident. Insurers have teams of lawyers who find ways to minimize how much the insurer has to pay after an accident. Your attorney may negotiate with the insurer to reach an agreement that is agreeable to both sides. This negotiation often includes a brief overview of your injuries and any evidence indicating the insured’s liability. The process may include a series of offers and counteroffers until an agreement can be reached.
If the insurer refuses to reach a settlement with your attorney, your lawyer may then take your case to trial to prove your claim. Here, your lawyer may present any evidence proving the extent of your injuries as well as the liability of the other party and the applicability of Uber’s insurance coverage.
HOW MUCH COMPENSATION MAY I BE ENTITLED TO?
As with all car accident cases, the amount of compensation you may be entitled to after an Uber accident varies based on a variety of factors including the extent of your injuries and the evidence proving the other party’s liability. However, you may be entitled to both economic and non-economic damages.
Economic damages may often include:
- Medical bills
- Any loss of earning capacity
- Lost income
- Any property damage to your vehicle.
Meanwhile, non-economic damages may include:
- Pain and suffering
- Emotional distress
- Loss of consortium for injured spouses or parents
- Punitive damages
Learn More: How to Calculate the Value of Case
WHO MAY BE LIABLE FOR THE ACCIDENT?
Passenger Injured While in an Uber
If you were in an accident while riding as a passenger in an Uber, you may be able to pursue compensation from Uber’s liability insurance coverage if your Uber driver caused the accident. You may be able to file a claim against the at-fault driver of the Uber vehicle or the other vehicle that caused the accident. If the at-fault driver does not have adequate insurance coverage or was not your Uber driver, you may also be able to submit a claim under Uber’s uninsured motorist coverage.
However, as Uber drivers are treated as independent contractors rather than employees, it may be more difficult to pursue a claim against Uber compared to other employers. An experienced Uber accident lawyer in Las Cruces may be crucial to proving your claim against your Uber driver or Uber.
Pedestrian Hit by an Uber Driver
Uber’s liability insurance coverage typically does not cover an accident caused by an Uber driver striking a pedestrian. Uber will instead argue that because the driver is treated as an independent contractor rather than an employee, Uber has no liability for the accident. An injured pedestrian may only be able to pursue a claim against Uber if the drive was transporting a passenger at the time of the accident. Otherwise, the pedestrian will typically only be able to file a claim against the Uber driver’s personal liability insurance coverage.
Hit by an Uber While Driving
If you were in another vehicle hit by an Uber driver, the driver’s status may determine who may be liable for your accident. If the Uber driver was carrying a passenger or was on the way to pick up a passenger, you may be entitled to compensation under Uber’s liability insurance coverage. However, if the driver was waiting for a ride request or had the Uber app turned off, Uber will generally not be liable, and you may be able to only file a claim against the driver’s personal insurance coverage.
Uber Driver Injured by Another Vehicle
If you were injured in an accident caused by another driver while you were driving for Uber, you generally may file a claim with the at-fault driver’s insurance. If the at-fault driver does not have insurance coverage, you may also be able to file a claim on your own personal insurance coverage under uninsured motorist policies. Finally, you may also be able to file a claim against Uber’s insurance coverage, depending on whether you were en route to pick up a passenger or already had a passenger in your vehicle at the time of the accident. If the Uber app was off or the driver was merely waiting to accept a ride, Uber’s insurance coverage will typically not cover the accident.
HOW AN UBER ACCIDENT LAWYER MAY HELP
Given the additional complexities involved in a car accident involving a ridesharing service, an attorney may help you navigate the complicated legal process. Importantly, Uber and other ridesharing services as well as the insurance companies will typically look for any reason to avoid liability for the accident. An Uber accident lawyer may help you level this playing field by providing the necessary knowledge, experience, and preparation required to successfully pursue compensation after an accident involving Uber. An attorney may also help prove the extent of your injuries, which may be disputed by Uber or the insurance company. Your lawyer’s investigation and negotiation may help you seek the compensation you may be entitled to.
Learn More: Why Hiring a Lawyer Will Help Your Case
HOW LONG DO I HAVE TO FILE A CLAIM?
After your accident, you will have a set timeframe in which you may be able to file a lawsuit to pursue any compensation you may be entitled to. This legal timeframe, called the statute of limitations, varies from state to state. In New Mexico, any Uber accident lawsuit in Las Cruces must be filed within three years of the date of the accident, pursuant to New Mexico Statutes Annotated section 37-1-8. Any claim filed after this period has expired will generally be unsuccessful. If a minor was injured in the accident, the statute of limitations may be tolled until the minor turns 18. The minor will then have three years from the date the minor turns 18 to file any claim for compensation for the Uber accident.
GET HELP FROM AN UBER ACCIDENT LAWYER TODAY
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