Can I Sue Uber When The Uber Car Driver Was At Fault For The Crash?
When you call an Uber, you put your safety in the hands of your driver. If they cause a collision with you on board, it’s a dangerous and shocking situation.
As an injured Uber victim, you face expensive medical bills and a long recovery period. You could be unable to work due to your injuries, and your financial stability is at risk. Plus, you have pain and suffering and perhaps even ongoing emotional trauma from a terrifying accident.
Now your life is in chaos all because of one irresponsible Uber driver. What can you do?
One of the most important steps you can take at this point is to hire a qualified California Uber lawyer who can help you understand your legal options. There are often various routes to compensation you can consider.
Who Should I Sue After the Uber Accident?
It’s essential to start by identifying the responsible party and the associated insurance policy. You may be making a claim against the Uber driver, the Uber company, Uber insurance, or the driver’s personal auto insurance.
It’s also possible that a third party is involved, like another driver who set off a chain reaction collision. Even if your Uber driver holds some responsibility for the accident, the other driver might be mostly liable. The cases can be more complex than they first seem.
In terms of starting a lawsuit, here’s something important you should know: You probably won’t need to set foot in a courthouse. Here in California, most auto accident cases can be settled out of court through insurance settlements and mutually-acceptable agreements.
Why Do I Need an Uber Lawyer?
Having the right lawyer on your side is vital in an Uber accident case. In California and across the nation, Uber has a history of misleading the public about rideshare accidents and trying to avoid paying injured victims.
In fact, Uber and their competitor Lyft worked together to fight for the passage of California Proposition 22. This made rideshare drivers independent contractors and limited the rideshare companies’ responsibility for compensating accident victims.
It sure doesn’t seem fair when you’re an injured victim of an accident that was completely out of your control. On top of everything else, you’re now responsible for tracking down the liable party and making a legal case against them.
How Can I Win an Uber Claim?
To win an auto accident case, you generally have to prove two things:
- Liability, meaning who was at fault
- Damages, or the extent of your injuries and costs
When an Uber driver is involved, you’ll need to determine whether the Uber driver was actively engaged in driving you by appropriately using their app. If so, this means their Uber insurance should apply. If they didn’t have their Uber app activated, their personal insurance might apply.
Under California Vehicle Code Section 5430, there should be $1 million in insurance available for death, personal injury, and property damage. This insurance covers claims involving the Uber driver’s use of their vehicle from accepting a ride until the ride is complete.
Your lawyer can advise you about how to start an Uber insurance claim. Typically, you’ll use the company’s claims portal and answer questions about the details of the accident. But be careful what you say here and follow your lawyer’s instructions. Your answers could be used against you later.
Keep in mind that all Uber insurance partner policies do not necessarily guarantee coverage for rideshare passengers in the event of an accident. Coverage depends on liability, when/how the accident happened, and who caused the accident.
Suing vs. Settling Out of Court
As mentioned above, out-of-court settlements are common in Uber accident cases. But in some situations, a settlement isn’t possible and you have to go to court. Make sure you have an assertive lawyer with extensive experience in successful court battles over Uber cases.
A lawsuit may be necessary when:
- You have proof of severe injuries, including medical bills.
- The Uber driver or other responsible party is refusing to communicate or pay.
- Negotiations have broken down and going to court is unavoidable.
- You’ve received a firm lowball offer but you have clear evidence you deserve more.
- The Uber driver was uninsured but still has the financial resources to pay you.
- Uber may have been negligent in allowing a bad driver to drive for them.
If you’re concerned that distracted, drunk, or drugged driving might be involved, let your lawyer know. California has its share of distracted Uber drivers and drunk Uber drivers who cause accidents.
Successful court cases over Uber accidents require plenty of hard evidence and documentation. You’ll need proof such as:
- Medical records and bills
- Accident/police report
- Photos and videos
- Eyewitness statements
- Expert testimony
Contact Us About Your Uber Crash Case
You’re an innocent victim here! You deserve fair and full compensation. At Sally Morin Personal Injury Lawyers, we have a strong record of successfully helping our clients in Uber cases in California.
After your Uber driver causes a crash, let us handle the legal details while you focus on your recovery. We also handle Uber-related cases involving injured pedestrians, bystanders, cyclists, and other non-passengers. Call 877-380-8852 today for a free case evaluation.
