These days, Uber crashes occur most frequently. If you want to attend an event or concert or go out with your friends at night, scheduling an Uber to pick you is more convenient because you will never have to worry about driving or finding a parking space. However, accidents may happen. Calling a good injury law firm if you get into an Uber accident is the right thing to do.
Here at Gomel & Associates, we have experienced Katy Uber Accident attorneys who handle these accidents. When you get into an Uber accident, you may get compensation. Our lawyers will work hard to make sure you get the compensation you deserve. Additionally, our lawyers know how to effectively deal with the specific circumstances that surround Uber accidents.
The advancements in smartphone technology have led to an increase in rideshare apps like Uber, which have eliminated the need to call a taxi. It is easy to get a ride in a few minutes using the app. Moreover, it is much cheaper to use Uber than a taxi. It is easy to use the Uber app, which allows you to get an affordable ride in your town and offers different types of vehicles. You just use your smartphone to access different types of vehicles.
In Katy, ridesharing services like Uber have helped reduce DUI auto accidents. Ridesharing services make it easy for people, who have been drinking, to get access to instant and cheap transportation. It takes a few minutes to get a car.
Unfortunately, it is possible to get into an accident, which can lead to serious injuries, due to the negligence of the Uber driver. If you get into an Uber accident, we recommend you call a Katy car crash lawyer for assistance. Our attorneys offer free consultations to review your claim.
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Personal Injury Claims Made Against Uber Drivers
Uber accidents come with numerous complexities. One of these complexities is the insurance coverage that covers your personal injury damages. Uber views its drivers as “contracted partners”, which makes it hard to know the type of insurance policy that covers drivers.
In several states, there is litigation going on to determine the status of the employment of Uber drivers. After a previous accident caused by one of the drivers, Uber stated that it not liable for accidents, which are caused by drivers.
How Do I Report an Uber Accident?
Here are the steps we know Uber advises passengers to take after sustaining injuries from an accident.
- Confirm if there is someone who needs emergency medical assistance.
- If necessary, call the paramedics and/or the police.
- Contact uber.
To inform the Uber team about your accident and explain everything, use the “Trip and Fare Review” app section. By the way, Uber highly recommends you use this app section. Once you inform the Uber team and provide the necessary information, the claim process begins. If you need to get direction or immediate assistance, Uber recommends you use their emergency hotline.
How Does Liability Insurance of Uber Works?
Last year, a new bill, which requires the drivers of both Uber and Lyft to take out more liability insurance, was passed by the legislative body of Texas. Following the terms of the statute, Transportation Companies (TNCs) such as Uber must make sure their drivers carry additional insurance coverage when they use their ridesharing app. And the rule applies even when the drivers are not transporting passengers.
Drivers in Texas must carry at least $30,000 in liability insurance per person who has sustained an injury in a car accident, $25,000 per accident for property damage, and $60,000 per accident. Nowadays, drivers must carry additional coverage. For example, when the Uber driver switches on the app, they must have $100,000 per accident, at least $25,000 for property damage, and $50,000 in liability insurance per individual.
If the driver transports a passenger, then the insurance coverage may go over $1,000,000. The company used to provide up to $1,000,000 in commercial liability insurance before the introduction of this new law. However, Uber’s commercial liability insurance did not cover the injured victims and the drivers who were not transporting a passenger. Therefore, the new law was introduced to help address this issue.
Insurance Issues Involved In Uber Cases
Uber expects its drivers to carry a commercial policy. If the accident happens due to the negligence of the driver, the commercial policy may or may not be applied. Three policies are used if the accident is due to the negligence of the driver. The three policies are the Uber’s commercial insurance policy, the personal insurance coverage of the driver, or the passenger’s car insurance if the passenger had underinsured coverage or was uninsured when the accident happened.
If the Uber driver causes an accident, the type of liability insurance to be used depends on the status of the driver at the time of the accident. The driver’s auto insurance policy may be used as the primary insurance policy and the commercial may be used as the secondary policy if the accident happened when the app was online. If the accident happened during a ride, Uber’s commercial insurance policy may be used.
It is quite complex to file a personal injury claim that is caused by an Uber accident. This is because some insurance policies provide more cover on personal injuries when compared to other insurance policies. Lucky for you, here at Gomel & Associates, we know and fully understand all the issues that come with ridesharing accidents. We have an impressive and successful track record. We are committed to helping our clients get full compensation.
If you sustain an injury because of a rideshare accident that involves an Uber driver, then pursue compensation for the injuries you may have suffered. You are eligible to pursue compensation. As previously mentioned, several auto insurance policies may be applied.
If I’m the Driver, Can I Sue Uber for a Car Accident?
If the Uber driver is transporting customers, there is a $1 million liability insurance policy available that covers the driver. However, if the driver gets into an accident, which was not their fault, then a claim is first made under the at-fault party’s insurance policy. If the amount exceeds this policy, then the insurance policy of the Uber kicks in and covers the amount of the extra damage.
But, the insurance of the Uber automatically applies if the driver is at fault, but it only applies if the driver was transporting a passenger inside the vehicle when the accident happened. If the driver was transporting a passenger and had switched on Uber’s app, then the personal insurance policy of the driver kicks in and covers the damages. And the insurance policy of Uber covers the remaining amount if the driver’s personal insurance cannot fully cover the damages.
If the damages exceed the liability insurance coverage of Uber, the affected party has the right to file a claim against either Uber or the at-fault driver. Unfortunately, it is quite difficult to take legal action against Uber.
If I’m the Passenger, Can I Sue for the Accident?
At the beginning of last year, both Uber and drivers started carrying a certain amount of liability insurance. If you get injured and the driver’s personal insurance policy cannot cover the full amount of the damages, you can file a suit against Uber, especially if Uber does not agree to cover the additional amount. Filing a suit allows you to receive damages for pain and suffering, past and future medical expenses, and property damage.
However, it is difficult to successfully file a claim against big companies such as Uber. Hence, we recommend you seek the services of experienced and skilled lawyers. Uber accident lawyers can help you file a claim if you sustained injuries from a car accident when you were using an Uber. Hiring the right lawyer can help safeguard your interest. And it increases your chances of successfully filing a claim.
If My Uber Driver Was Responsible for the Accident, Can I Sue Uber?
In theory, if an Uber driver causes an auto accident injuring their passenger, $1 million covers the passenger who got injured. This is also true if another party caused the accident. Still, if the driver was reckless or negligent, it is possible to sue Uber for $1 million in damages. This is possible because Uber does not classify its drivers as employees. Uber classifies them as third-party service providers.
If you are an accident victim, you can sue the Uber driver. However, in most cases, the driver may not be able to pay the full damage amount. That is why we highly recommend you file a claim against the insurance provider of your driver. Most insurance providers can afford to pay the damage amount.
If The Other Driver Is At Fault, Can I Still Sue Uber?
If another driver causes an accident and you get injured, you need to pursue compensation from the insurance company of the at-fault party. If the at-fault party does not have the right insurance cover, then the uninsured/underinsured insurance policy of Uber applies. It applies up to a maximum of $1 million. However, it only applies if you were a passenger when the accident occurred. If the Uber’s insurance policy cannot cover damages amount, you can file a lawsuit against the other driver. Filing a lawsuit can help you get more money to cover the remaining amount.
However, most drivers cannot afford to pay compensation that exceeds the amount covered by their insurance policies. If this happens to you, it may leave you with medical expenses to pay. If Uber pays the available limit on Uber’s liability insurance policy and the driver did not cause the accident, you will not file a claim for compensation against Uber for damages that exceed this amount.
If A Uber Driver Hits A Vehicle I Was A Passenger In, Can I Use Uber?
If Uber drivers cause injuries while they had switched on the app and were transporting a passenger, Uber’s liability insurance policy covers for the injuries. Unfortunately, Uber states that drivers are independent drivers, which means they are not part of their employees. Meaning that Uber is not responsible for the recklessness or negligence of drivers. That means that the liability insurance policy of Uber is only available to injuries that involve the driver. However, this is not always the case.
For example, if the driver had not turned on the app and was not transporting any passenger, then the insurance policy of Uber does not cover the driver. If the Uber driver causes an accident, the driver is forced to pay from their personal liability insurance policy. If the amount exceeds the amount covered by the insurance policy, you can choose to file a lawsuit against the driver. Filing a lawsuit allows you to get an amount that covers the remaining damages.
If the driver had turned on the Uber’s app, then the liability insurance policy of Uber automatically kicks in if the insurance policy of the driver cannot cover the full amount for the damages. Additionally, it is possible to get access to the higher liability insurance of Uber if you were a passenger of the Uber driver. Also, if the limits of the policy cannot cover the amount for the damages, you can file a lawsuit in court against Uber.
Unfortunately, these types of claims are mostly expensive, time-consuming, and unsuccessful. To increase the chances of getting what you deserve, we highly recommend you hire Uber accident lawyers. If you get injured, it is very easy to pursue compensation from your personal insurance policies or from the policies of the people who were involved in the accident.
If An Uber Driver Hits Me While Walking or Riding My Bicycle, Can I Sue Uber?
The good thing is that the liability insurance policy of Uber covers people who are not passengers, but an Uber driver hits them. However, Uber’s liability insurance policy only covers these people if the driver had turned on the Uber app. If the driver had not turned on the app, the liability insurance policy of the driver covers the injuries and damages. If the driver’s liability insurance cannot cover the full amount of damages, the Uber’s liability insurance policy pays for the additional amount.
If the Uber driver was not on duty and hits you, you will not get compensation from the liability insurance policy of Uber. If a driver hits you and is off-duty, you can file a lawsuit against the driver.
What Types of Damages Can You Recover From An Uber Accident Lawsuit?
If your Uber driver causes an accident and you get injured, the amount of compensation you can get from successfully filing a claim against Uber depends on several factors such as:
- The amount of property damage that was incurred;
- If you will be able to work after the injuries;
- The severity and extent of the injuries you sustained during the accident;
- If the at-fault party’s actions were intentional;
- Your past, current, and expected medical bills after the injury.
The courts access these factors to help them award compensation for the damages mentioned below:
- Property damage including car repair and replacement
- Pain and suffering caused by the accident
- Past and future medical bills
- Loss of potential earning capacity if the accident left the individual disabled
Getting compensation does not enable you to fully recover from the accident and you may not regain your normal state of health, but the compensation can help you start on your long recovery process.
Is It Necessary to Hire A Lawyer When Suing Uber?
Uber may provide liability insurance that covers injuries that are sustained by the drivers and passengers. Unfortunately, it is difficult to access these policies. This is because most insurance companies want to settle as fast as possible. And they want to pay the least amount. Sadly, most people, who get injured due to the negligence of the Uber driver, are forced to accept low compensation because they want to pay for their medical expenses as soon as possible. Unfortunately, some of these people do not even know they are owed more.
Additionally, insurance companies may attempt to dismiss or lower the value of the claim. They always claim that the injured person was at fault. Therefore, we highly recommend you talk to an expert Uber accident lawyer to help you with your claim.
Here at Gomel & Associates, we have Uber accident attorneys who have several years of experience and deal with these claims. We have the necessary resources to represent you. We will make sure you get the maximum compensation for the injuries. We will directly handle all the insurance companies of the parties that were involved in the accident.
Looking For The Katy Uber Accident Attorneys? Contact Gomel & Associates Today!
If you were in an Uber accident victim in Katy, TX, contact us at (713) L‑A‑W‑S‑U‑I‑T. We have a team of experienced attorneys that handles these types of cases. We do not charge for a consultation. When you call us, you will go over your case with one of our experienced, knowledgeable, and qualified Uber accident lawyers. Our lawyers are ready and eager to answer all the questions and concerns you may have. We are committed to learning more about your case and helping you get what you deserve.
All our Uber accident attorneys understand the Texas law. If there were no strange circumstances, we are sure you were not to blame for the accident. We know that your Uber driver is at fault. Additionally, we can help find out if a third party was at fault. In all the cases we have worked, we have seen that the Uber driver is always responsible for the accident if a passenger was inside the car.
Putting your trust in your Uber driver may lead to injuries. To avoid this from happening again, put your trust in Gomel & Associates. Our attorneys are hardworking. They will work hard to get you the full compensation you rightfully deserve. Additionally, you will get a free consultation. And you will not pay us any money until you win your compensation. Here at Gomel & Associates, we are here to fight for your rights as you concentrate on recovering from the accident.
Call our top personal injury firm today. We will schedule a free consultation. Our Uber accident lawyers are here to serve you.