In recent years, ride-sharing services like Uber have transformed the way that we travel. With just a few taps on your smartphone, you can easily summon a ride and be on your way to your destination. While Uber has undoubtedly made transportation more convenient and provided more drivers with a means of earning money, accidents involving Uber vehicles can still occur. If you find yourself in an unfortunate situation where you are involved in an accident while riding in an Uber, it’s essential to understand the concepts of liability and compensation. Read on to find out more.
When it comes to accidents involving Uber, determining liability can be complex. Several parties could potentially be held accountable, including the Uber driver, the other driver involved, and even Uber as a company. The specifics of the accident, the actions of those involved, and the applicable laws in your jurisdiction will all play a role in establishing liability. Let’s examine each potential party’s liability individually.
Uber Driver Liability
Uber drivers are considered independent contractors rather than employees of Uber. This distinction can impact how liability is assigned in an accident. In general, if the accident occurred due to the Uber driver’s negligence or recklessness, the driver would be held liable for any resulting injuries or damages. However, if the driver was not actively on a trip or was logged out of the Uber app at the time of the accident, their personal auto insurance policy would likely be responsible for covering the damages.
Other Driver Liability
If the accident was caused by another driver, whether it be a car, truck, or motorcycle, that driver would typically be liable for any injuries or damages resulting from the accident. In this scenario, you would generally pursue a claim against the at-fault driver’s insurance company.
Uber as a company may also bear some liability in certain circumstances. For example, if the accident occurred due to a defect in the vehicle that should have been spotted by Uber, or the company’s failure to vet its drivers correctly, Uber could be held responsible. However, establishing Uber’s liability can be challenging, as the company often argues that it is merely a technology platform that connects drivers with passengers, rather than a transportation service provider.
One of the most crucial aspects to consider when it comes to Uber accidents is insurance coverage. Both Uber and its drivers are required to have insurance policies that provide coverage in the event of an accident. Understanding how these policies work can help you determine the compensation you may be entitled to.
Uber’s Insurance Policy
Uber maintains a commercial insurance policy that is designed to cover accidents that occur while a driver is actively engaged in a trip. This policy provides liability coverage for bodily injury and property damage to third parties, along with uninsured or underinsured motorist coverage. The coverage limits of this policy vary depending on the specific circumstances of the accident.
The Driver’s Personal Auto Insurance
When an Uber driver is offline or between trips, their personal auto insurance policy is typically responsible for covering any accidents that they may be involved in. However, it’s important to be aware that some personal auto insurance policies may contain exclusions or limitations for accidents that occur while the driver is engaged in ridesharing activities.
Ridesharing or Uber Driver Insurance
To address the potential gaps in coverage when an Uber driver is online but has not accepted a trip request, and to cover drivers when they are engaging in ridesharing activities, ridesharing or Uber driver insurance is available. Drivers are required to have this insurance and provide proof of it before they can begin accepting trips with Uber. It’s usually a separate insurance policy that runs alongside the driver’s personal auto insurance policy.
Compensation for Damages
In the unfortunate event that you are involved in an Uber accident and sustain injuries or property damage, you may be entitled to compensation for your losses. The types of compensation you can pursue depend on the extent of your injuries and the applicable laws in your jurisdiction. Some common forms of compensation are as follows:
If you sustain injuries in the accident, you have the right to seek compensation for your medical expenses. This may include costs for emergency care, hospitalization, surgeries, medications, physical therapy, and any future medical treatments related to the accident.
If your injuries prevent you from working, you may be eligible for compensation for the wages you have lost. This can include not only the income you have missed out on due to your inability to work since the accident, but also any potential future loss of earning capacity caused by your injuries.
Pain and Suffering
Along with economic damages, you may also be entitled to compensation for the pain and suffering you have experienced due to the accident and your resulting injuries. These damages are more challenging to quantify and often depend on the severity and impact of the injuries on your quality of life.
If your personal property, such as your vehicle or belongings, was damaged in the accident, you can seek compensation for the cost of repairing or replacing them.
Getting Legal Assistance
Navigating the legal complexities of Uber accidents and seeking fair compensation can be overwhelming, especially when dealing with injuries and emotional distress. If you have been involved in an Uber accident and need assistance in understanding liability, pursuing fair compensation, and protecting your rights, don’t hesitate to seek professional help.
At the law offices of Daniel T. Pagliarini, we specialize in personal injury cases, including Uber accidents. Our team of expert, dedicated attorneys are here to guide you through the legal process and ensure you receive the compensation and justice you deserve.
Take the first step towards securing your rights and obtaining the compensation you are entitled to, so you can move on from the accident. Contact us at:
700 Bishop St, Ste 2100, Honolulu, HI, 96813
Call us today for a free consultation on (808) 745-1592.