Uber accidents are becoming more and more common. It is very convenient to make arrangements to be picked up by an Uber driver. You can attend an event or a concert without needing to worry about finding parking. You can go out on a weekend and not need to worry about having to drive home afterward. Ride-share services like Uber have definitely lowered the number of drunk-driving car accidents in Houston by making instant and low-cost transportation available for people who might have been drinking.
Unfortunately, accidents do occur. If you are ever involved in an Uber accident, then you will need to contact a Houston car accident attorney experienced in handling accidents involving Uber, Lyft, and other ride-sharing companies. Our Houston Uber Accident Attorneys at (713) L‑A‑W‑S‑U‑I‑T are highly experienced in these kinds of cases. We have obtained compensation for numerous clients, who were either passengers in an Uber vehicle when it was involved in a crash or were hit by an Uber or Lyft vehicle while driving their own car.
Our attorneys are very skilled in handling the unique issues associated with Uber accidents and know how to get our clients the maximum compensation they rightfully deserve. If you were involved in an accident and seriously injured while inside an Uber vehicle as a passenger, or were in an accident that an Uber driver caused, call the Uber Accident Attorneys at (713) L‑A‑W‑S‑U‑I‑T for a free consultation immediately.
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Personal Injury Claims Made Against Uber Drivers
There are a number of complexities associated with Uber accidents. One of them is the insurance coverage that is available to pay personal injury damages. An important legal question is which insurance policy should be applied to an Uber driver. Drivers are considered “contracted partners” by Uber and there is ongoing litigation in certain states about what employment status these drivers have. Uber’s position following an accident that one of its drivers caused is that the company is not liable for it.
How Should I Report An Uber Accident?
Uber advises that the following steps should be taken by a passenger who is injured as a result of an accident:
- Check to make sure that everyone involved in the accident does not need emergency medical help;
- If necessary, notify paramedics or law enforcement;
- Call Uber.
Uber encourages accident victims to go to the section of their app called “Trip and Fare Review” to indicate that they have been in an accident, and then explain what has occurred. A team member of Uber will then collect the necessary information for moving forward with the claims process. Uber’s emergency hotline can also be called by injured parties in order to receive direction and immediate assistance. However, the Accident Attorneys at (713) L‑A‑W‑S‑U‑I‑T recommend that you DO NOT call anyone at Uber on the phone, until you speak with one of our Uber accident lawyers free of charge to learn what type of compensation we may obtain for you.
How Does Uber’s Liability Insurance Work?
The Texas Legislature recently passed a new law requiring both Uber and Lyft drivers to carry more liability insurance. The terms of this statute require Transportation Network Companies (TNC’s) such as Uber to make sure that their drivers are carrying additional insurance coverage whenever they are using the TNC ride-sharing app. This is required even when they are not transporting any passengers.
Most drivers in Texas are required to carry at least $30,000 in liability insurance coverage per individual who is injured in a car accident, $25,000 per accident for property damage, and a total of at least $60,000per accident for every person injured. Uber drivers, on the other hand, must now have additional coverage. For example, when Uber drivers turn on their Uber app, they are required to have at least $50,000 in liability insurance coverage for each injured person, $25,000 minimum for property damage, and a total of at least $100,000 per accident for all injured persons.
The coverage increases to $1 million when a passenger is being transported by the driver. Before this new law was passed, Uber was already providing its drivers with up to $1 million in commercial liability insurance. However, when no passengers were in the vehicle, injured victims and drivers were not covered. Texas law has now addressed this problem.
Additional Insurance Issues Involved In Uber Cases
Uber drivers are required to have a commercial policy by the company that might or might not apply to an accident that the Uber driver’s negligence has caused. Briefly, when an Uber driver causes an accident, it might be covered by one out of three different policies: an Uber commercial insurance policy, the Uber driver’s personal car insurance policy, or the passenger’s car insurance policy when the passengers had uninsured or underinsured motorist coverage when the accident took place.
Which liability insurance policy covers an accident that an Uber driver has caused will depend on the status of the driver at the time that the accident took place. In practice, if an accident takes place when the Uber app was turned off, the driver’s personal auto insurance policy should apply. If an accident occurs while the app is turned on but before the passenger gets in the vehicle, Uber’s commercial policy with lowers insurance limits should normally apply. Finally, if the accident occurs during a ride while the passenger is in the Uber vehicle, then the commercial Uber insurance policy with the $1 million liability limit will most likely apply.
A personal injury lawyer without the right experience can find it tricky to navigate the filing of a claim that stems from an Uber accident, due to the fact that some car insurance policies provide more coverage for personal injuries than others. Determining the best insurance company with which to file a client’s claim can be complex. Our aggressive and highly experienced Uber Accident Attorneys at (713) L‑A‑W‑S‑U‑I‑T understand the specific insurance issues involved in ridesharing accidents, and have an outstanding and successful track record in getting our clients the maximum compensation they rightfully deserve.
If I Was A Driver, Can I Sue Uber For A Car Accident?
There is a $1 million liability insurance policy that covers Uber drivers while transporting passengers. However, when an Uber driver is involved in an accident that he or she did not cause, a claim will first need to be made against the insurance policy of the party at fault. Once the limits of that policy are exceeded, Uber’s insurance policy may or may not apply to cover the remaining damages. If you are involved in an accident as an Uber or a Lyft driver, call the Accident Attorneys at (713) L‑A‑W‑S‑U‑I‑T for your free consultation and to learn what compensation we can get for you.
If I Was A Passenger, Can I Sue Uber For My Accident?
Uber and Lyft are required to carry a specific amount of liability insurance to cover the damages sustained by its passengers, if the crash was caused by Uber or Lyft drivers. If the Uber driver was not at fault, its passengers must first make a claim against the other driver. When that driver’s policy is insufficient to cover all of the damages that an accident has caused, Uber’s insurance policy should cover the rest, in order to fully and fairly compensate its passengers for their past and future medical expenses, lost wages, pain and suffering and other damages.
Prevailing in a claim against these huge Transportation Network Companies is very difficult to do. If you have been injured in a car accident while you were a passenger inside an Uber or Lyft vehicle, you need to call our experienced and skilled Uber Accident Attorneys at (713) L‑A‑W‑S‑U‑I‑T without delay. We will make sure that your interests are protected and you get the maximum compensation you rightfully deserve.
If My Uber Driver Was At Fault, Can I Sue Uber?
In theory, a passenger who is injured in an accident that an Uber driver has caused is covered by Uber’s liability insurance for up to $1 million. That, however, is not the case when the crash was caused by the other driver. However, even when the Uber driver was at fault and was extremely reckless or negligent, the company itself may not be sued for damages exceeding $1 million, because its drivers are classified by Uber not as employees but as independent third-party service providers. Uber drivers can also be sued individually, but it is unlikely that they will have the assets required to pay legal damages.
If The Other Driver Was At Fault, Can I Sue Uber?
Those who are involved in an Uber accident that was caused by the other driver, should first seek compensation from the insurance company of the at-fault party. If the driver at fault was uninsured or underinsured, then Uber’s uninsured/underinsured insurance coverage would apply up to a certain limit.
If I Was A Passenger In Another Car Hit By An Uber Driver, Can I Sue Uber?
If an Uber vehicle causes an accident while either carrying a passenger, or being on its way to pick one up after accepting a ride request through the Uber app, Uber’s liability insurance policy will provide coverage for injuries caused by its driver to the driver and passengers of another car.
However, an Uber driver whose Uber app was turned off at the time of an accident is not covered by Uber’s insurance policy. Instead, that driver’s own personal liability insurance policy would be responsible for the damages of the injured people in the other car. If the limits of the Uber driver’s personal policy were not enough to fairly compensate the injured victims in the other car, a claim may be filed under their own uninsured/underinsured insurance coverage.
If I Was Hit While Walking Or On My Bicycle, Can I Sue Uber?
Injured individuals who were not Uber passengers, but who were injured by an Uber driver, including pedestrians and bicyclists, would be covered by Uber’s liability insurance policy if the driver’s Uber app was turned on. The limits of such coverage would depend on whether the Uber vehicle was carrying a passenger at the time or only waiting for a ride request on the Uber app. If the Uber driver was off-duty, however, and his Uber app was not on at the time of the accident, only the Uber driver’s own personal policy would apply and the injured person would not be able to obtain compensation from Uber’s insurance policy.
What Damages Can I Recover From An Uber Accident Lawsuit?
How much compensation an accident victim will receive in a successful claim against Uber will depend on a number of different factors, including the following:
- The extent and severity of the injuries suffered during the accident;
- The amount of medical bills already incurred and an estimated amount of future medical expenses that will have to be paid by the injured party;
- The amount of property damage caused by the accident;
- The amount of lost income and loss of future earnings by the injured person;
- Whether the actions of the at-fault driver were grossly negligent, such as driving while intoxicated or under the influence of legal or illegal drugs;
- The type and amount of applicable insurance carried by the Uber driver.
After those factors are assessed, juries and courts might decide to award compensation for some or all of the damages below:
- Past and future medical bills;
- Property damage, including vehicle value reimbursement or repair;
- Lost wages for the period of time that an injured person was not able to work;
- Loss of the injured person’s future earning capacity, if the injuries were severe enough to result in a disability;
- Pain and suffering caused by the accident;
- Mental anguish and distress caused by the accident;
- Loss of consortium; and,
- Loss of enjoyment of life.
Receiving fair compensation may not immediately allow a person to return to his or her state of health prior to the accident, but it can significantly help an injured victim to begin their long recovery process.
Do I Need To Hire An Attorney To Sue Uber?
Although liability insurance is carried by Uber to theoretically cover injuries caused by the negligence of its drivers, accessing those policies can be difficult. Insurance companies are usually eager to settle claims as soon as possible for the least amount. Unfortunately, many injured people who want to start being able to pay their medical bills often are persuaded to accept a low settlement amount when they deserve so much more.
Moreover, insurance companies always try to reduce the value of each claim, or to deny it altogether, by arguing that the injured person was somehow at fault. This is why it is so important to obtain the guidance and advice of an experienced and skilled Uber accident lawyer without delay, in order for the claim to succeed. Our Uber Accident Attorneys at (713) L‑A‑W‑S‑U‑I‑T have extensive experience in handling claims against Uber and Lyft and have the time, skill and all the resources needed to successfully advocate on behalf of our injured clients, in order to ensure that they receive the maximum compensation they deserve for their injuries and other damages.
Call Our Houston Uber Accident Attorneys At (713) L‑A‑W‑S‑U‑I‑T Today
If you were injured in a Lyft or Uber accident anywhere in Texas, call our Uber Accident Attorneys at (713) L‑A‑W‑S‑U‑I‑T immediately. The consultation is always free and we never charge you anything at all unless we win your case. Our attorneys have extensive experience dealing with ride-sharing company accidents. We will review your case and answer all of your questions and concerns. We will then allow you to focus on your physical recovery, while our personal injury attorneys in Houston fight hard to ensure you receive the maximum compensation that you rightfully deserve.
Give us a call today to get your free consultation scheduled. Our attorneys are here to talk to you.