If you’ve been injured in an accident that involved an Uber driver, you may be entitled to compensation. When it comes to Uber rides, in most cases, the ride-sharing company is responsible for covering the damages.
While you can sue an Uber driver personally, you rarely need to do that. However, if you do, you may want to hire an attorney. To get the money you deserve, you will need to prove liability, provide relevant evidence, and possibly even argue your case in court. An experienced car accident attorney from Morris Bart can support you through the case and help obtain fair compensation.
Who Is Responsible for Covering Damages in an Uber Accident?
Before you decide to sue an Uber driver, you need to figure out who is responsible for covering the damages. This depends on the type of accident you are in, and the insurance the driver may or may not carry.
Situation #1: An Uber Driver Hit Your Car
If an Uber driver hit your vehicle, and you sustained injuries, you can seek damages. If you can prove the driver’s negligence, you can obtain compensation from:
- Uber’s insurance company – if the driver is “on the clock,” the ride-sharing company’s insurance makes payments to the injured party. The insurance limits vary. If the driver is on the way to pick up a passenger or carries a passenger, the liability coverage is $1M. If they haven’t accepted an order yet but logged into the app, the coverage is $50,000 per injured person, $100,000 per accident, and $25,000 for property damage.
- Driver’s insurance company – if an Uber driver isn’t logged into the app, their personal auto insurance should cover the damages. The limit depends on the insurance premium the driver is paying. Minimum mandatory insurance varies from state to state.
- Uber – if your damages exceed Uber’s insurance limits, you can sue the company directly for the rest of the amount.
- Uber driver – if the driver isn’t on the clock, and your damages exceed their auto insurance limits, you can sue the driver for the rest of the amount personally.
For example, your damages add up to $50,000. However, the Uber driver’s insurance can only covers $30,000. Accordingly, you can sue the driver for $20,000.
If you decide to take the driver to court, you may want to hire a personal injury attorney. Presenting your case requires a professional approach. Even a minor mistake could cost you the shot at fair compensation.
For a free legal consultation, call 800-537-8185
Situation #2: You are a Passenger of an Uber Car That Gets Into an Accident
If you are riding an Uber car, and it gets into an accident, your damages can be compensated by:
- Uber driver’s personal auto insurance policy – in case it has special provisions to provide coverage while the driver is working for a ride-sharing company. This is rare.
- Uber’s third-party liability policy – this policy can cover up to $1M for personal injuries and property damages.
In this situation, you can sue the driver if:
- They aren’t on the clock and don’t have insurance.
- They aren’t on the clock and your damages exceed insurance limits.
The above options are applicable if the accident is the Uber driver’s fault. But what happens if you are riding an Uber car and get into an accident that is another driver’s fault? In this case, your damages should be covered by the at-fault driver’s insurance company.
If the at-fault driver doesn’t have auto insurance, or your damages exceed that driver’s coverage, you can take advantage of Uber’s uninsured/underinsured insurance coverage. It usually covers up to $1M in damages.
Keep in mind that if another driver is at fault for the accident, you usually don’t have any grounds to sue the Uber driver.
How do I Know If the Uber Driver Is on the Clock?
Whether the driver is on the clock determines the way you can obtain compensation. If an Uber car hits you, you don’t have an opportunity to figure this out at the time of the accident.
That’s why you can file a claim with:
- The driver’s insurance company
- Uber’s insurance company.
Once you file a claim with both, you can wait for the companies to sort out who is responsible by checking the driver’s work records.
How do I Prove Negligence in an Uber Accident?
Proving negligence in an Uber accident is the same as proving it in any other personal injury case. You would need to show that:
- The defendant had a legal duty of care to you.
- The defendant breached the legal duty of care to you.
- The breach resulted in injuries.
- Injuries led to damages (economic and non-economic)
The key to proving the Uber driver’s negligence is gathering high-quality evidence and obtaining expert witnesses’ testimonies. If you hire a car accident attorney, they can help you do this in the most efficient way possible.
How Much Time do I Have to Sue the Uber Driver?
The statute of limitations for personal injury cases varies from state to state. For example:
- Louisiana – one year
- Alabama – two years
- Arkansas – three years
- Mississippi – three years
There are several exceptions to the statute of limitations. So even if you think that the time is up, consider contacting an attorney anyway. You may learn that there is still an opportunity to file a claim.
Contact an Experienced Car Accident Attorney Today
If you’ve sustained injuries in a car accident that involved an Uber driver, you may need legal assistance. Even if the fault seems obvious at the time of the crash, personal injury lawsuits are rarely straightforward.
Whether you are a driver or a passenger who was injured in an Uber accident, you may be entitled to compensation. Contact an experienced car accident attorney from Morris Bart for a free consultation today.
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