Uber crashes are becoming more and more common nowadays. Making arrangements to be picked up by an uber driver has made traveling a lot more convenient. You don’t have to worry about finding a parking space when attending events or concerts. You can go out for a drink on a weekend night without having to worry about driving home later on. But sadly, accidents do happen. In the unfortunate event that you are involved in an Uber accident, it is crucial to get in touch with an experienced injury law firm.
Our Pasadena Uber accident attorneys at Gomel & Associates have extensive experience handling these types of cases. Our attorneys will use everything in their power to make sure that you are awarded the compensation that you are legally owed. While the specific circumstances surrounding Uber accidents are usually unique, our lawyers know how to effectively deal with them.
Thanks to advancements in smartphone technology, rideshare apps such as Uber have done away with the need to hail a taxi. You can easily get a ride within minutes just by tapping the app. What’s more, Uber rides are much cheaper than taxis. The Uber app is incredibly easy to use and it offers a very convenient means of getting an affordable ride across town. Uber offers a wide range of vehicles for quick transportation. You just have to tap your smartphone to access them.
Ridesharing services such as Uber have significantly helped to reduce the number of DUI auto accidents in Pasadena by making it possible for people who might have been drinking to access instant and affordable transportation.
Uber has a wide range of vehicle classifications. It doesn’t matter the type of vehicle that you choose, but in the event that you are involved in an accident and get seriously injured as a passenger in an Uber car or were involved in a crash that was as a result of an Uber driver’s negligence, then you might have to seek the assistance of a car crash lawyer in Pasadena.
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Personal Injury Claims Made Against Uber Drivers
There are several complexities involved when it comes to Uber accidents, with one of them being the insurance coverage that is available to cover your personal injury damages. A crucial legal question is which type of insurance policy should apply in the case of Uber drivers. The drivers are viewed as “contracted partners” by Uber. There is some ongoing litigation in various states on the status of employment of Uber drivers. Uber has firmly stated that it is not liable for accidents caused by its drivers, this follows an accident that was caused by one of its drivers.
How Should I Report An Uber Accident?
Uber advises passengers who might have sustained injuries following an accident to take the following steps:
- First, check to find out if there is anyone who is in need of emergency medical assistance
- Call the paramedics and/or the police if necessary
- Contact Uber
Uber recommends that accident victims should use the “Trip and Fare Review” app section to inform the Uber team that they been involved in an accident and explain what has happened. A member of the Uber team will then request the necessary information to kick off the claims process. There is also an Uber emergency hotline number that can be used by accident victims to get direction and immediate assistance.
How Does Uber’s Liability Insurance Work?
Last year, the legislative body of Texas passed a new bill that requires Uber and Lyft drivers to take out more liability insurance. According to the terms of this statute, Transportation Companies (TNCs) like Uber should ensure that their drivers carry additional insurance coverage any time they are using the ridesharing app. This rule applies even when they are not transporting any passengers.
Texas drivers are often required to carry at least $25,000 per accident for property damage, $30,000 in liability insurance per individual who’s sustained injuries in an auto accident, and $60,000 per accident. Meanwhile, Uber drivers are now required to carry additional coverage. For instance, whenever an Uber driver have the app switched on, he/she is expected to have a minimum of $50,000 in liability insurance per person, at least $25,000 for property damage, and $100,000 per accident.
If a passenger is being transported by the driver, then the coverage can reach upwards of $1,000,000. Prior to the introduction of this new law, Uber drivers were already being provided with up to $1,000,000 in commercial liability insurance by the company. But this didn’t cover injured victims and drivers if there were no passengers in the car. Hence, the new law sought to address this issue.
Insurance Issues Involved In Uber Cases
Uber drivers are expected to carry a commercial policy by the company that may or may not be applied to an accident caused by the Uber driver’s negligence. Essentially, one of the following three policies might be used to cover an accident caused by an Uber driver; the driver’s personal insurance coverage, an Uber’s commercial insurance policy, or the passenger’s auto insurance policy in case the passengers were uninsured or had underinsured coverage when the accident occurred.
The kind of liability insurance that will be used to cover an accident caused by an Uber driver will depend on the driver’s status at the time of the accident. In case the crash happens while the app is online, then the driver’s auto insurance policy might be used as the primary policy while the commercial policy might be used as the secondary insurance policy. Uber’s commercial Uber insurance policy will most likely apply if an accident happens during a ride.
Filing a personal injury claim stemming from an Uber accident can be quite complex considering that some auto insurance policies usually provide more coverage on personal injuries compared to others. Luckily, here at Gomel & Associates, we fully understand issues associated with ridesharing accidents and we boast an impeccable and successful track record of enabling our clients to get full compensation.
In the event that you sustain injuries following a rideshare accident involving an Uber driver then you are entitled to pursue compensation for any injuries that you suffered. As mentioned earlier, various car insurance policies can be applied.
If I Was The Driver, Is It Possible To Sue Uber For A Car Accident?
A $1 million liability insurance policy is usually available that covers Uber drivers when transporting clients. But if an Uber driver is involved in a crash that wasn’t their fault, then a claim will first have to be made under the at-fault party’s insurance policy. If this policy’s amount is exceeded, then Uber’s insurance policy will kick in and cover the extra damages amount.
However, Uber’s insurance automatically applies in the Uber driver is at fault. But this only applies if there were passengers inside the vehicle being transported at the time of the accident. In case the Uber’s app was switched on, but the driver didn’t have any passengers, then his or her personal insurance policy will kick in and cover the damages. But if the damages exceed the amount covered by the driver’s personal insurance, then Uber’s insurance policy will cover the remaining amount.
In case the damages exceed Uber’s liability insurance coverage, then the affected parties have a right to file a claim against either the at-fault driver or Uber, though taking legal action against Uber itself is quite difficult.
If I Was A Passenger Can I Sue Uber For My Accident?
Ever since the early part of last year, both Uber and its drivers have been required to carry a certain amount of liability insurance. The injured party might have to file a suit against Uber if the driver’s personal insurance policy isn’t adequate to cover all the accident damages and Uber refuses to pay the additional amount. By filing the lawsuit they can receive damages for past and future medical expenses, lost damages, property damage, and also pain and suffering.
Unfortunately, successfully filing a claim against these kinds of big companies is extremely difficult. Hence, it is highly important to ensure that you seek the services of an experienced and skilled Uber accident attorney in case you have sustained injuries following an auto accident where you were a passenger in an Uber driver’s vehicle. An expert Uber accident lawyer will make sure that your interests are safeguarded.
Can I Sue Uber If My Uber Driver Was Responsible for the Accident?
In theory, a passenger who is injured following a crash that is caused by an Uber driver is covered up to $1 million. This is so even when the accident was caused by another party. Nevertheless, even if the driver was negligent or reckless, Uber may only be sued for damages amounting to $1 million. The reason for this is that Uber classifies its drivers as third-party service providers but not as its employees.
The accident victim can instead sue the driver, but it is highly unlikely that the driver will be able to pay the required damage amount, therefore, it is in the best interests of the accident victim to file a claim against the insurance company of the Uber driver.
Can I Sue Uber If The Other Driver Was At Fault?
Those who have been involved in an accident caused by another driver should first pursue compensation from the at-fault party’s insurance company. In case the at-fault party was uninsured, then Uber’s uninsured/underinsured insurance policy applies up to a maximum of one million dollars. But this only applies if the injured party was a passenger when the accident happened. If the damages exceed Uber’s insurance policy, then the injured party might consider filing a lawsuit against the driver who is at-fault to pursue additional damages.
Unfortunately, a majority of drivers don’t have the capacity to pay compensation exceeding their available insurance policies amount. This can leave the affected party with medical expenses to pay. In case the Uber driver is not at fault for an accident and Uber paid the available limit on its liability insurance policy, then the affected party won’t be able to file a claim for compensation against Uber for damages exceeding this amount.
Can I Sue Uber In Case I Was A Passenger In Another Vehicle Hit By An Uber Driver?
The liability insurance policy of Uber provides coverage for injuries caused by their drivers in case they had the app switched on while transporting a passenger. But since Uber states that their drivers are not part of their employees but rather independent drivers, Uber, therefore, cannot be held liable for the negligence or recklessness of a driver. Essentially this means that Uber’s liability insurance policy is usually the only viable relief available to individuals injured following an accident involving an Uber driver. But this isn’t always so.
For instance, an Uber driver whose app was not turned on and wasn’t transporting passengers isn’t covered by Uber’s insurance policy. Instead, he/she will be forced to pay for the damages of the injured person from his/her personal liability insurance policy. In case the insurance coverage amount of the driver is exceeded, then the affected party can choose to file a suit against the driver for the remaining damages.
Conversely, in case the Uber driver had turned on the app, then Uber’s liability insurance kicks in immediately the driver’s insurance policy limit is exceeded. But it is still possible for the affected party to immediately access Uber’s much higher liability policy if they were being transported by the driver as a passenger. In case the damages exceed the policy limits, then the injured party can consider filing a lawsuit in court against Uber.
But sadly, these types of claims are usually unsuccessful and in most cases expensive and time-consuming. It is much easier for the affected parties to pursue compensation from their personal insurance policies or the policy of other individuals involved in the accident.
Can I Sue Uber In Case I Was Hit While Riding My Bicycle or While Walking?
Fortunately, injured people who weren’t Uber passengers but were injured by an Uber driver are also covered by Uber’s liability insurance but only if the driver had turned on the app. In such situations, the driver’s personal insurance policy kicks in, and in case the injured party’s damages exceed this specified amount then Uber’s liability insurance policy will pay for the additional amount.
But in case the Uber driver was off-duty, then the injured party won’t be able to pursue compensation from Uber’s insurance policy. The injured party will have to file a lawsuit against the driver in such situations.
What Types Of Damages Can Be Recovered From An Uber Accident Lawsuit?
The amount of compensation that the injured party stands to receive in a successful claim against Uber is dependent on various factors such as:
- If the actions of the at-fault party were intentional;
- If the injured party will be able to work following the injuries;
- The amount of property damage incurred;
- The extent and severity of injuries sustained in the accident;
- The past, current and expected future medical expenses will have to be paid to cater to the medical expenses of the injured person.
Once these factors have been assessed, the courts may decide to award compensation for some or all of the following damages:
- Future and past medical expenses
- Pain and suffering as a result of the accident
- Property damage which also includes vehicle repair or replacement
- Loss of potential earning capacity in case the injuries were serious enough to cause disability
While getting compensation may not enable a person to fully recover and regain their normal state of health, it can greatly help an injured person commence their long recovery process.
Must I Hire An Attorney To Sue Uber?
Even though Uber provides liability insurance to cover injuries sustained by passengers and drivers, it can be difficult to access those policies. This is attributed to the fact that insurance companies often aim to settle as quickly as possible and for the least amount. Sadly, many of the people who sustain injuries in accidents and want to start paying for their medical bills are often pressured into accepting low ball compensation amounts when they are owed a lot more.
Insurance providers also attempt to lower or dismiss the value of a claim by claiming that the injured party was somehow at fault. This is why it is essential to first consult an expert Uber accident attorney to ensure success in your claim. Our team of Gomel & Associates Uber accident lawyers possess extensive experience in dealing with such types of claims and have the necessary resources to ensure that they effectively represent the interests of the injured party and make sure that the person is awarded maximum compensation for the injuries that they may have sustained by directly handling the insurance providers of the parties involved.
Contact Gomel & Associates Today To Speak To Our Pasadena Uber Accident Attorneys
In case you have recently been a victim of an Uber accident in Pasadena, TX you can reach us at Gomel & Associates. Our team of lawyers have extensive experience handling these kinds of cases. We offer a free initial consultation. You will sit down with one of our knowledgeable and experienced lawyers to go over your case. They will help you find answers to all your questions and concerns. We will then seek to find all the necessary information from you as we review your case.
Our Uber accident lawyers have a clear understanding of the Texas law. Not unless there were some really strange circumstances, it is most likely that you weren’t at fault for the crash. Most likely, the Uber driver will be at fault. A third party might also be at-fault. But the Uber driver is always responsible in case you were inside the car as a passenger.
You put your trust in the Uber driver but ended up getting injured. This won’t happen when you put your trust in Gomel & Associates. Our lawyers will strive to make sure that you are awarded the full compensation that you need and rightfully deserve. We’ll schedule a free consultation for you. You won’t have to pay any amount until we successfully win your case. Let the accident firm of Gomel & Associates to fight for your rights. This way, you will be able to concentrate on your recovery.
Get in touch with us today to schedule your free consultation. Our lawyers are here to serve you.