An Uber accident lawyer specializes in accidents involving Uber and other similar ridesharing services. If you are a victim in such a case. Hiring an Uber accident attorney is better than talking to Uber for your compensation.

Later in this article, we’ll see what kind of compensation you can get. Also, how can a Uber accident lawyer or an uber accident attorney help you in claiming the desired compensation from Uber?

Uber Accident Lawyer

Uber accident lawyer, Uber accident attorneyUber accidents are different from car accidents in the sense that every industry and company has different policies. And thus they have different methods to handle these accidental cases. They may require the uber car accident lawyer to take a totally different approach. Uber accidents are different from regular car accidents because of the rules both passengers and drivers abide by.

In what kind of situations will you get compensation from Uber?

You will get compensation from Uber if,

  • The driver is at the fault for your injuries
  • The other party is at the fault for the driver and your injuries
  • You are injured regardless of whose fault it was

Why Hire An Uber Accident Lawyer?

Uber Accident LawyerCar accident lawyers are different from uber accident lawyers.

If you think that in case of accidents. You can just call the company and they’ll take care of every damage and help you, don’t! You cannot solely rely on them in such cases.

You’d ask questions like, does filing a complaint or hiring someone to claim the benefits affect your career? In these cases, you need to take a lawyer’s help.

In case of minor injuries, you can call Uber directly. They’ll help you in dealing with the situation. You can also ask for help on their app. Their team will soon resolve your issue.

If no one is available on call at the time, first and foremost take control of your own safety. If the driver is injured as well, you both can deal with the case by calling them once you are settled and safe. You can hire the best Uber Accident Attorney Near Me.

What can an Uber Accident Lawyer do for you? Best Uber Accident Lawyers

Even if you are entitled to some benefits according to Uber’s insurance policy, Uber may not make this easy for you. That’s why you need a better strategy.

The laws and policies keep changing with time. The company can also make minor and unnoticeable changes to its policies. Also, there may be some terms and conditions involved. An attorney is aware of all the changes. Thus they can help you with their years of experience.

A lawyer can gather all the pieces of evidence and from their expertise, in rideshare accidents, they can negotiate better. Sometimes the insurance companies may not agree on the settlement. In these cases, a specialized lawyer can get around the problems by their insights from handling similar cases in the past.

You see our other article to know how to hire the best Uber accident lawyers for your case.

Uber and its benefits

Uber is an American company with services spanning at least 72 countries. And in the past few years, the number of ridesharing companies has increased. If you got lost somewhere or couldn’t catch the metro or bus on time, calling an Uber is a great option.

Uber rides are hassle-free because there is very little interaction between the passengers and the driver. In other car and taxi services, you have to describe your location, bargain, and negotiate for a decent price.

You also have an option of reviewing the drivers so that if they cause you any safety issues they will be warned by the company. Thus ensuring others’ safety in the future. You can also choose either cash or a cashless payment method.

Uber also offers insurance to all its drivers and passengers in certain situations.

But that doesn’t mean that Uber is a 100% safe mode of travel. It has been in the news for a long time that Uber and other such services treat the workers not as an employee but as independent contractors. Thus excluding them from proper worker’s compensation. Recent rulings from the court have changed the policies. But it’s all just on paper. We still have to see the changes on the ground.

Uber’s US safety report states that “… we observed an increase of 18% from 2017-2018 to 2019-2020, in line with the increase in national homicide fatalities.”

Ridesharing services are a good mode of travel. But every new technology has a downside. So, if you or your relatives are a victim of an uber vehicle, then this article will help you in getting clarity as to what you should do after an uber car accident.

Does your car insurance cover rideshare insurance?

If you are an Uber driver, you must be aware that in cases of minor or major accidents, your personal car insurance is not going to help you. Because it does not include the “Business Use” of your car. In these cases, you need to have rideshare insurance. Otherwise, you’ll have to pay the maintenance fee for your car. Also, the other damages caused to another person or their vehicle.

You can either include rideshare coverage in your auto insurance. Or you can buy separate rideshare insurance that covers many more areas in case of crashes and accidents.

Even if you have personal insurance and you have Uber insurance coverage, there may be other complications involving their policies and rules. So, you need to have a person who can assist you.

Let’s look at some other aspects of how Uber’s insurance policies can affect you. And why you should hire a professional to guide you while claiming compensation, whether you are an injured driver, passenger, or a person walking on the street.

Uber Car Accident Attorney

A lawyer and attorney words are used interchangeably but an attorney is a lawyer who practices law and has some experience. Whereas, a lawyer is a person who is still practicing law, and may or may not have industry-level experience.

Before hiring an attorney, check if they have previous records and experience in dealing with such cases. Most of the attorneys are paid on a contingency basis so you don’t have to worry about any upfront fees either.

Why should you hire an Uber car accident attorney?

An uber car accident attorney can get you economic and non-economic benefits including medical bills, lost wages, pain and suffering compensation, etc. They can get information from the official Uber account about the passengers and the driver. They can also request security footage and any CCTV camera footage of that area that you won’t be able to get easily.

An attorney can make a strong case for you using their years of expertise on similar cases.

Best Uber Accident Attorneys

You should search various online databases to hire an attorney. There are a few things that you need to ask before handling your case. Their past experiences, availability, reliability, etc.

The attorney may also turn down your case if they don’t see the potential of the case. In these situations, you should stay calm and continue searching for the best Uber accident attorney to handle your case.

After hiring an uber accident attorney, you need to handle all the pieces of evidence that you have. Describe the situation that you were in during and after the accident. If you have captured pictures of the crash. and gathered some information about the driver or the third party, hand them over to the attorney.

Be as honest to them as possible because it will make it easier for them to go against Uber and speak on your behalf.

How does Uber treat its drivers? How things have changed in recent years?

California’s assembly bill 5(AB5) stated that the ride-sharing contractors should be seen as employees. But later in 2020 California’s proposition 22 (Prop 22) was approved.

Officially known as “App-based drivers as contractors and labor policies initiative”. It established that app-based drivers be taken as independent contractors and not employees. It was mainly forced by three companies, Uber, Lyft, and DoorDash.

But Alameda County Superior Court Judge Frank Roesch. Declared that two passages in prop 22 were unconstitutional. He further said that Prop 22 “limits the power of a future legislature to define app-based drivers as workers subject to workers’ compensation law.”

But later again, they formed a group named “The Massachusetts Coalition for Independent Work”. And asked the public to vote for their decision of providing minimum benefits while treating the drivers as independent contractors and not employees.

And, finally the Big Tech battle came to end this year on the 14th of June when the ballot question was blocked by the Massachusetts Supreme Judicial Court. Thus declaring that “Petitions that bury separate policy decisions in obscure language heighten concerns that voters will be confused, misled and deprived of a meaningful choice”.

It was found that the ballot measure had two very distinctive statements. And it violated the State Constitution, which states that all ballot measures should be related.

“Massachusetts Is Not For Sale”, a group of workers from different communities. Who work and fight together for the rights and benefits of the Massachusetts state inhabitants also opposed the ballot question. Saying it’s just a ploy by big tech companies to gain profits at the expense of their workers’ rights.

Even though Uber, and ridesharing drivers have the upper hand, these companies can definitely turn any settlement case around for profit. In the era where such Big Tech companies are expanding their services and businesses.

They have a fair share of impact on workers and on the state and country’s economy. Thus, their policies and rules must be looked at closely and regulated if not found in the favour of the country’s valuable citizens.

What kind of compensation does the Uber insurance policy provide?

Insurance coverage while driving with Uber
Image Source: Uber
  1. If you are the driver

There may be other complications. But the following paragraphs will disclose how Uber keeps track of who will get the compensation and who does not

  • Offline – any accident that happens when the app is offline will be handled by your personal auto insurance.

In case of other severe issues, the company provides third-party liability coverage when your personal auto insurance is not effective. It includes

  • $50,000 in bodily injury coverage per person
  • $100,000 in bodily injury coverage per accident
  • $25,000 in property damage coverage per accident

2. Available – the app is on but the driver has not accepted the ride yet, or waiting for a ride-

Third-party liability if your personal auto insurance is not effective-

  • $50,000 in bodily injury per person
  • $100,000 in bodily injury per accident
  • $25,000 in property damage per accident

3. En route – While the driver is going to pick up the passengers, and during the trips

  • $1,000,000 third-party liability
  • Uninsured/underinsured motorist bodily injury and/or first-party injury insurance
    Contingent comprehensive collision
  • Up to the actual cash value of the car with a $2,500 deductible

The downside of these benefits is that you’ll have to prove that you were actually in period two otherwise your case will be taken as period one.

The amount they pay seems reasonable. But Uber often denies the claim of insurance. So it’s better to let your attorney deal with it.

There have been many cases as we’ll see later on in this article where Uber had to settle for financial assistance. Even when they didn’t agree on it at first. So, do not worry if their policies seem to deny you any compensation.

Your attorney can help you in filing a lawsuit against them if it’s the need of the situation. If there is enough evidence and your case is strong enough. Then they can be made to pay you compensation.

Type of Insurance coverage by Uber –

Third-party liability coverage – A third party is a person or a vehicle other than yourself and your vehicle. The coverage includes bodily injury and any type of damage to property in the accident.

Uninsured/underinsured motorist bodily injury coverage – If the other driver does not have sufficient insurance and is responsible for the accident. In that case, it covers your and your passengers’ injuries. It also holds in the case of hits and runs. Other coverages may also apply such as Medical payments coverage (MedPay) or personal injury protection (PIP) regardless of who is at fault.

Contingent collision and comprehensive coverage – If your personal auto insurance includes comprehensive and collision coverage, Uber will provide you with compensation for any physical damages. But you need to pay $2,500 first before you can take benefits of the coverage.

2. If you are the passenger

You can get compensation only when you convince uber of your injuries. In the case of any other complications, uber can stop you from getting the compensation. Some attorneys do not take any upfront fees. They only want profit once you win the case. So it’s better to hire one in such cases. You should claim the insurance within the time limit. According to the statute of limitations, there may be a limit to the timeframe you can file a claim. An Uber accident lawyer can help you in gathering all these important pieces of information.

Special Cases

Although Uber does not take responsibility for the accidents if the app is offline. There is contingency coverage that the company provides in case of serious damages while offline.

The reason for this extra coverage is because of a few lawsuits filed against them. Let’s look at some of these cases.

The Case of a girl who died in the accident
According to a news report, there was an accident involving a woman, and their two children including a girl and her brother. They were on the crosswalk at that time. An Uber driver who was logged into the app crashed into them. The collision resulted in the death of their daughter. The lawsuit thus filed was finally settled by Uber by providing the compensation, whose value was not disclosed. The case is from New year’s eve in 2013. And the settlement was finally completed in 2016.

The Case of Self-Driving Uber Vehicle
Another case involving an Autonomous Uber Vehicle occurred where a self-driving SUV hit a woman. The woman, Elaine Herzberg, 49 was walking a bicycle in the dark. There was also a human safety driver in the car. But, she was found to be mostly looking down before the accident happened. Thus, putting her and the people crossing the road in danger.

Soon after that incident, Uber stopped testing autonomous testing vehicles. An attorney helped in the settlement, acting on behalf of the victim’s family. And the settlement took place in 2018 in Arizona where the incident occurred.

Despite these cases, no one can stop them from running a million-dollar business worldwide.

What any worker wants from their company is proper worker’s compensation. And an entitlement of employees from the company they are working for night and day. Even though these accidents do not happen to everyone, once you are in such a situation and have nowhere to turn to then you’ll realize how bad things can get.

What Can An Uber Driver Do Right After The Accident?
  • Call an ambulance or 911. Safety is the first option. Make yourself and your passengers safe.
  • When you are physically and mentally stable, call your insurance company.
  • You should inform Uber and fill out the claim form. Uber’s claim support team will help you with the further processes.
  • If you need immediate help then go to the help section of the app. And tap on the call support.

In other cases, you can go to the Help section of the Driver’s app. Select trip issues and adjustments. Then select I was in a crash.

As mentioned in the article before, you can expand your car insurance to include rideshare or delivery coverage.

What can an Uber Passenger do right after the accident?

You must be thinking that you are safe because you are in a car and the driver is there for your safety. While this is true, your driver is also a person with probably not much experience with civil rights.

If you are safe but the driver has injuries following the accident, then you can call on their behalf. In cases of your injuries, the driver is responsible. And they need to ensure your safety.

If the car is drivable they should take you to the hospital or they should call an ambulance and inform the authorities. Because calling an ambulance and getting the right medical treatment can save the passenger from serious damage. And from serious legal charges later on.

If due to the accident, you couldn’t get to work or you had some serious damage. Then Uber’s insurance policy will help you. You can easily show the ride history to get the assistance that you need.

Steps to take after the accident –

Report – After the incident, immediately call 911. Or you can directly call Uber’s support service. They will be able to help you calm down.  And they’ll provide you with enough information on how can you proceed further.
Document – In the meantime take photographs of the damage and surrounding areas once you are stable.
Information – You can talk to the people to get information such as their names or contact details.
Medical support – If you or your passengers have injuries, seek medical help.
Do not go for settlements – If the driver asks for a settlement, you should not accept it according to the law.
Contact a lawyer – In case of serious damages, call your personal lawyer. Or if you don’t have one, once you are safe at home search and contact a lawyer to describe your situation.

Conclusion

Whether you are an Uber driver or a passenger, you have all the rights to get the claim. And if the situation is not in your fair. And if you think that you deserve better compensation, hiring an Uber accident lawyer is your best bet.

Just after the accident, your first priority should be to make sure of everyone’s safety. And once you are stable, you can directly call Uber. Their team will guide you through the process. And help you claim the benefits that you and the other party deserve.

Uber only covers your damages and injuries if you are online. If you are offline, then all the claims of injury and damage come under your personal auto insurance. If during an accident, you are online then Uber does offer you pretty good compensation. But to get the benefits you need to prove your injuries and other claims for that. You can take the help of an attorney that specializes in that field.

Car insurance only covers if you are using the vehicle for personal work and not business purposes. You can increase the insurance benefits by adding rideshare and delivery coverage. Or you can buy rideshare coverage separately. And when you are online and driving a passenger or waiting for them, you are entitled to Uber’s insurance benefits.

Uber drivers, uber passengers, uber vehicles, and people crossing the road or other cars hit by uber cars are all entitled to compensation.

Hopefully, we have answered all of your questions involving Uber’s insurance policies and questions related to an Uber accident lawyer.

Following are some frequently asked questions that may give you some further clarity.

FAQ

How long does it take to settle an Uber accident?
If the driver is en route or already taking passengers and then the accident occurs then it can be fast. But in the case where a driver was waiting for the passengers and an accident occurred then the policy differs.

If the insurance companies of both the parties do not agree on the settlement offer. Also, in case you have only minor injuries. If not permanent damages then they can complete the settlement within a year. Because it takes time to gather pieces of information such as medical reports and preparing a demand letter, etc.

Does Uber require the settlements to be confidential?
Yes. Uber demands a confidential settlement. If you do not sign the confidentiality papers then they may turn down their settlement offer. It definitely is not ethical but that’s how it is. Uber can take action if you ever tried talking. Also, disclosing the information even after the settlement has taken place. This is a harsh reality for the Big Tech companies. They are powerful. And if their rules and policies are not regulated, they’ll keep exploiting their workers.

Can an Uber Passenger sue an Uber driver?
Yes. In case of serious accidents, you can sue the Uber driver and Uber itself. In such cases, Uber will agree to a settlement to avoid the hassle of the court case. But it’s better to hire an attorney to help you throughout the process.

Because the policies and regulations keep changing and it will get harder to get out. With their expertise and experience, an Uber accident attorney can help you in getting the right compensation.

Can an uber driver sue an Uber passenger?
If your accident was the result of a passenger’s fault, then yes. You can sue the Uber passenger. And you will get the medical treatment, and other benefits according to your Uber insurance policy.

Should I accept the settlement offer by Uber?
Uber settlements are usually undervalued. The benefits they offer will increase if you take the help of a lawyer. An Uber accident lawyer can help you get the compensation that might be in your favour. So, any Uber accident lawyer will usually advise you to not take the settlement offered by Uber.

How can I make my case against Uber stronger?
There are a few things that you can do to make your case stronger. Your Uber accident lawyer can better analyze your situation and offer you advice. But mainly you need to seek medical help as soon as possible.

Author

LLM, Harvard University Legal Consultant

Write A Comment