Can a Driver Sue Uber?
While rideshare apps like Uber can be wonderful and convenient, they can quickly turn sour when you’re involved in an accident with an Uber driver or when you’re driving for Uber. A number of questions arise after an Uber accident, such as, “Who is liable?” “How will I get compensation for my losses?”
If you were involved in an accident with an Uber vehicle, either as a driver of another car or the Uber driver, you do have the option to sue Uber itself for compensation for losses or injuries you suffered because of the accident. However, these lawsuits can be incredibly complex. Therefore, you need an Uber accident lawyer on your side to advise and represent.
Can I Sue Uber When the Uber Driver Was at Fault?
If you were injured in an accident involving an Uber vehicle, whether as a passenger in the Uber, another driver, or a pedestrian, and the Uber driver was at fault, you are able to sue Uber for losses and damages from the accident if you are able to prove negligence and liability.
Even though the Uber driver was at fault for the accident, it may be tough to recover damages from the driver’s personal insurance as most personal insurance plans do not cover accidents that happen while the driver is engaged in commercial operations. That’s where Uber’s insurance comes in.
According to California state law, rideshare companies must have insurance that covers up to $1 million for personal injury, death and property damage that occurred while the driver was in an active ride request, meaning from the moment the driver accepts a new ride to the moment the ride is completed. Therefore, if you were involved in an accident when the Uber driver was in an active ride, Uber is responsible and can be sued for damages.
There is another scenario in which the accident occurs during the period of time that the Uber driver was active in the app but not in a ride request. In these cases, Uber is responsible but only for a much smaller amount.
You can seek compensation from Uber if the Uber driver was at fault for the accident.
Can I Sue Uber When Another Driver is at Fault?
You may have been injured in an Uber accident, as a passenger of the Uber or as the Uber driver, when the other driver is at fault. In these cases, it is possible to sue Uber but only if the at-fault driver doesn’t have enough insurance to cover your injuries and losses.
All drivers in California are required to carry insurance. However, many break the law and drive without insurance. If one of these uninsured drivers causes an accident and isn’t able to pay for the damages, California law also requires that rideshare companies like Uber have $1 million in uninsured or underinsured driver insurance to help cover you and your losses.
You can seek compensation from Uber for an accident that was caused by another driver.
Uber Lawsuit Damages
As per California state law, you can seek compensation from Uber accidents for damages including:
- Past and future pain and suffering, physical impairment and mental anguish
- Economic losses such as lost wages, property damage, and lost income or salary
- Past and future health care costs such as hospital bills, disability, medical bills, and rehabilitation bills
- Loss of future income
- Punitive damages
Your lawyer will be able to help you determine what kind of damages apply in your specific case to make sure that you are awarded the maximum possible compensation for your losses.
Do You Need an Uber Attorney?
While minor accidents involving Uber can be easily resolved through standard insurance claims and processing, severe accidents often require additional lawsuits to ensure victims are fully compensated.
It is highly recommended that you seek representation in an Uber lawsuit. The laws surrounding Uber and other rideshare companies can be quite complex, so these lawsuits require experienced and deft representation. This is especially true if you are facing huge medical bills, ongoing missed income, or prolonged disability.
An Ellis Injury Law Uber attorney can help guide you through your complicated case and work to make sure you are awarded the maximum possible compensation. Contact us today to schedule a free initial consultation.