Advancements made in smartphone technology have resulted in an increase in the popularity of rideshare apps such as Uber that have eliminated the need for calling a taxi. You can easily get a ride within a few minutes using such apps. Furthermore, using apps such as Uber is far cheaper than a taxi. This has also increased the need for an Uber accident lawyer in Baytown.
Scheduling an Uber to pick you up when attending a concert or event or when going out with your friends at night is usually more convenient since you don’t have to worry about either driving or finding a parking space.
You can easily use the ride-sharing apps such as Uber to get an affordable ride in your town and they even offer a wide selection of different vehicle types. You simply use your smartphone to access vehicles of different types.
Ridesharing services such as Uber have helped reduce DUI vehicle accidents since they allow those that have been drinking, to have instant access to cheap transportation. It is also very quick since it only takes a few minutes to get a ride to where you are going.
Unfortunately, you can still get into an accident that can lead to serious injuries, because of the Uber driver’s negligence. If you are ever involved in an Uber accident, the best course of action is to call a reputable personal injury law firm. Uber accident lawyers can help no matter the type of vehicle you were riding in.
At Gomel & Associates, we have a team of highly competent and experienced Baytown Uber accident attorneys that handle Uber accident cases. You may receive compensation after being involved in an Uber accident. Our attorneys work hard to ensure that you receive the compensation you are entitled to. Our attorneys also know how to properly handle the specific circumstances surrounding Uber crashes.
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Personal Injury Claims Made Against Uber Drivers
Uber accidents typically involve numerous complexities. One of these complexities, which is perhaps one of the most important ones, is the insurance coverage that covers your personal injury damages. Uber considers its drivers “contracted partners”, which can make it difficult to know the exact type of insurance policy that covers Uber drivers.
Litigation is underway in some states to determine the status of the employment of Uber drivers. Uber stated that it is actually not liable for any accidents that Uber drivers cause after a previous accident that was caused by one of its drivers.
How Are Uber Accidents Reported?
The steps below are exactly what Uber advises its passengers to take if they are ever involved in an accident while riding in an Uber and sustaining injuries:
- The first step is to check whether there’s anyone that requires emergency medical assistance.
- The next step is to call the paramedics and/or the police (if necessary)
- The third and final step is to get in touch with Uber
To inform Uber about the accident and provide all the details, you can use the “Trip and Fare Review” section of the app. Uber highly recommends that you make use of this section. Once you have informed Uber and provided the necessary information, the claims process can begin. If you want to get immediate assistance or further directions, Uber recommends using the emergency hotline.
How Does Liability Insurance of Uber Work?
The legislative body of Texas passed a new bill last year that requires the drivers of both Lyft and Uber to take out more liability insurance. Following the terms of the statute, Transportation Companies, such as Uber are required to ensure that their drivers carry extra insurance coverage when using the ridesharing app. The rule still applies even when drivers aren’t transporting passengers.
Texas drivers are required to cover at least $30,000 in liability insurance for every person that sustains an injury in an auto accident, $25,000 for every accident for property damage, and $60,000 for every accident. Uber drivers, however, are required to carry additional coverage. For instance, if an Uber driver switches on the app, they are required to have $100,000 in coverage for every accident, at least $25,000 for property damage, as well as $50,000 in liability insurance for every individual.
The insurance coverage may go over $1 million if the driver transports a passenger. The company previously provided up to $1 million in commercial liability insurance before the new law was introduced. Uber’s commercial liability insurance, however, didn’t cover the injured victims or even drivers that weren’t transporting passengers. The new law was therefore introduced to address the issue.
Insurance Issues in Uber Cases
Uber drivers are expected by Uber to carry a commercial policy. If an accident occurs due to the driver’s negligence, the commercial policy may or may not be applied. 3 policies are used in case an accident is due to the Uber driver’s negligence. The 3 policies are the driver’s personal insurance coverage, Uber’s commercial insurance policy, and the passenger’s auto insurance if he/she had underinsured coverage or was uninsured when the accident occurred.
If the Uber driver causes the accident, the type of liability insurance used will depend on the driver’s status at the time of the accident. The car insurance policy of the Uber driver can be used as the primary insurance policy while the commercial policy can be used as the secondary policy in case an accident occurs while the app is online. If an accident occurs during a ride, the commercial policy may be used.
Filing a personal injury claim that’s caused by an Uber accident is rather complex. The reason for this is that some of the insurance policies offer more coverage on personal injuries compared to other insurance policies. Fortunately, at Gomel & Associates, we know and fully understand all issues surrounding ridesharing accidents. We have a successful and impressive track record. We are committed to ensuring that our clients receive the full compensation that they are entitled to.
If you sustain an injury after being in a ridesharing accident involving an Uber driver, you should pursue compensation for your injuries. You are eligible to seek compensation. Several vehicle insurance policies might be applied as mentioned previously.
Is it Possible to Sue Uber for a Car Accident If I’m the Driver?
If an Uber driver is transporting passengers, there’s a $1,000,000 liability insurance policy that covers the driver. If the Uber driver is involved in a car accident, that wasn’t his/her fault, however, a claim will be first made under the at-fault party’s insurance policy. If the amount is greater than this policy, the Uber’s policy kicks in and covers the amount of the additional damages.
The insurance of the Uber, however, applies automatically if it’s the Uber driver at fault, but it only applies if the Uber driver was transporting a passenger inside his/her vehicle at the time of the accident. If the Uber driver was transporting a passenger and had switched on the Uber app, then the Uber driver’s personal insurance policy kicks in and covers the damages. Uber’s insurance policy covers the remaining amount if the driver’s personal insurance coverage doesn’t cover the damages fully.
If the damages are greater than Uber’s liability insurance coverage, the affected party has the right to file a claim against the at-fault driver or Uber itself. The unfortunate reality, however, is that taking legal action against Uber is rather difficult.
Is It Possible to Sue for the Accident If I’m the Passenger?
Uber and Uber’s drivers started carrying a certain amount of liability insurance at the start of last year. If you are injured but the Uber driver’s personal insurance policy isn’t sufficient to cover the full amount of damages, it is possible to file a suit against Uber, particularly if Uber refuses to cover the extra amount. Filing the suit will allow you to receive damages for property damage, medical expenses (past and future), as well as pain and suffering.
It is, however, difficult to successfully file a claim against a company as large as Uber. It is why we often recommend that you hire skilled and experienced Uber accident attorneys. Uber accident attorneys will help you file a claim if you suffered injuries from an auto accident that occurred when you were a passenger in an Uber. If you hire the right Uber accident attorney, you will be safeguarding your interests and will increase your chances of filing a successful claim against Uber.
Is It Possible to Sue Uber If My Uber Driver Was Actually Responsible for the Accident?
Theoretically, if the Uber driver causes an auto accident that injures their passenger, the $1,000,000 covers the injured passenger. That’s also true if the accident was caused by another party. If the Uber driver was either negligent or reckless, it is still possible to sue Uber for $1,000,000 in damages. That’s possible since Uber doesn’t classify its drivers as employees but rather as third-party service providers.
If you are the victim of an Uber accident, it is possible to sue the driver of the Uber. In most instances, however, the driver of the Uber may not be in a position to pay the full amount of damages. That’s why it is advisable to file a claim against the Uber driver’s insurance company. The vast majority of insurance providers can easily pay the damage amount.
Is It Possible to Sue Uber If the Other Driver Was At-Fault?
If another driver causes an accident and you sustain injuries, you will have to pursue compensation from the at-fault party’s insurance provider. If the at-fault party doesn’t have the right type of insurance cover, then Uber’s uninsured/underinsured policy will kick in. It applies to a maximum amount of $1,000,000. It, however, only applies if you were a passenger in an Uber at the time of the accident. If Uber’s insurance policy can’t cover the amount of damages, it is possible to file a lawsuit against the driver. You can get additional money to cover the remaining amount if you file a lawsuit.
The vast majority of drivers, however, can’t afford to pay compensation that’s greater than the amount covered by their insurance policies. If that ever happens to you, it might leave you with medical expenses that you have to pay yourself. If Uber was to pay the available limit on its liability insurance policy and the Uber driver wasn’t responsible for the accident, you cannot file a claim for compensation against Uber for damages greater than this amount.
Is It Possible to Sue Uber If an Uber Driver Hits a Vehicle?
If an Uber driver causes injuries while the app is switched on and they were transporting a passenger, the injuries will be covered by Uber’s liability insurance policy. Uber, unfortunately, states that its drivers are independent contractors, which means that they aren’t their employees. It, therefore, means that Uber cannot be held responsible for the negligence or recklessness of its drivers. It means that Uber’s liability insurance policy is only available for injuries involving the Uber driver. That’s not always the case, however.
For instance, if the Uber driver hadn’t turned on the app and wasn’t transporting any passenger then the driver isn’t covered by Uber’s insurance policy. If the Uber driver is responsible for an accident, the driver will have to pay from his/her personal liability insurance policy. If the amount is greater than that covered by his/her insurance policy, you may choose to file a lawsuit against the driver. Filing the lawsuit helps you get an amount that’s sufficient enough to cover the remaining damages.
If the Uber driver has turned on the Uber app, then Uber’s liability insurance policy will automatically kick in if the Uber driver’s insurance policy cannot cover the full amount for the damages. It is also possible to access Uber’s higher liability insurance if you were an Uber driver’s passenger. In case the policy’s limits can’t cover the amount for the damages, it is still possible to file a lawsuit in court against Uber.
Such claims, unfortunately, tend to be time-consuming, expensive, and unsuccessful. To have better chances of getting the compensation you are entitled to, it is advisable to hire an Uber accident lawyer. If you sustain injuries, you can easily pursue compensation from your own insurance policies or the policies of those involved in the accident.
Is It Possible to Sue Uber If an Uber Driver Hits Me While Riding My Bicycle or Walking?
The great thing about Uber’s liability insurance policy is that it even covers those that aren’t Uber passengers who are struck by Uber drivers. Uber’s liability insurance policy, however, only covers such people if the Uber driver had turned on the Uber app. If he/she hadn’t turned in the app, the Uber driver’s liability insurance policy covers the damages and injuries. If the Uber driver’s liability insurance isn’t sufficient to cover the full amount of damages, then Uber’s liability insurance policy will pay for the extra amount.
If you were hit by an off-duty Uber driver, you won’t be compensated by Uber’s liability insurance policy. However, it is still possible to file a lawsuit against an off-duty Uber driver.
What Types of Damages Can Be Recovered from Uber Accident Lawsuits?
If your Uber driver causes an accident and you are injured, the compensation you can receive from successfully filing a claim against Uber will depend on several factors, which include:
- The amount of property damage incurred
- If the actions of the at-fault party were intentional
- The extent and severity of the injuries sustained during the accident
- If you can still work after your injuries
- Your current, past, and future medical bills after the injury
The courts will access these factors to help them award compensation for damages listed below:
- Past and future medical bills
- Pain and suffering caused by the accident
- Property damage, which includes car replacement and repair
- Loss of potential earning capacity in case the individual was left disabled by the accident
Being compensated doesn’t mean that you will recover fully from the accident and you might actually never regain your normal state of health. However, the compensation can help you get started with the long process of recovery.
Is It a Must to Hire an Attorney When You Sue Uber?
Uber can provide liability insurance that covers injuries sustained by passengers and drivers. It is, however, difficult to access such policies. That’s because the vast majority of insurance providers prefer settling as quickly as possible, and want to pay the least possible amount. Unfortunately, most people that are injured due to the negligence of Uber drivers are often forced to accept low amounts of compensation to pay for their medical expenses as soon as possible. The sad reality is that some people don’t actually know that they are entitled to more.
Insurance companies may also try to either dismiss or lower the value of claims. They always claim that the person who was injured was actually at-fault. We thus recommend talking to an expert Uber accident attorney to help with your claim.
At Gomel & Associates, we have a team of expert Uber accident lawyers with several years of experience dealing with such claims. We have the resources needed to represent you. We will ensure that you receive maximum compensation for your injuries. We will directly handle all the insurance providers of the parties involved in the accident.
Looking for the Best Baytown Uber Accident Lawyers? Contact Gomel & Associates Today!
If you were the victim of an Uber accident in Baytown, TX, get in touch with us at Gomel & Associates. We have a team of experienced lawyers capable of handling such cases. You won’t have to pay for a consultation. When you contact us, you will discuss your case with one of our knowledgeable, experienced, and qualified Uber accident attorneys. Our attorneys are ready and eager to answer all your questions and concerns. We are committed to learning more about your case and helping you get what you are entitled to.
All out Uber accident lawyers understand Texas law. If there weren’t any strange circumstances, we are sure that you weren’t responsible for the accident. We know that your Uber driver is probably at fault. In addition, we can help you determine whether a third-party was responsible. In all cases that we have worked, we have seen that the Uber driver is almost always responsible for the accident in case the passenger was inside the vehicle.
Putting your trust in your Uber driver can lead to injuries. To ensure that this does not happen again, you should put your trust in Gomel & Associates. We have a team of hardworking attorneys who will work hard to ensure that you get the full compensation that you rightfully deserve. We will even give you a free consultation. You will also not have to pay us anything until we win your compensation. At Gomel & Associates, we strive to fight for your rights as you focus on your recovery.
Get in touch with us today. We will schedule a free consultation. Our team of expert injury attorneys in Houston is here to serve you.