Uber Accident Case Litigate
If you were injured in an accident involving Uber, this blog is for you.
Whether you are riding as a passenger with Uber or an Uber driver hit you or your vehicle while driving, you can sue the Uber or the Uber driver depending on the cause of the accident. You can claim the compensation amount too.
Cases of Uber Car Accident
In every car accident case, the victim has to prove two things to get a favorable decision: that the opposition is at fault and the severity of damages. The most likely cases in which you can get injured are:
Uber Driver is at Fault
In this situation, you may file a case against the driver. However, you can collect the damages from the driver only when the driver has a personal auto insurance policy. The policy is not applicable when the driver is carrying a passenger for the fare.
The president of the Consumer Attorneys of California passed a regulation in which the rideshare companies must have appropriate insurance for their drivers.
California Vehicle Code Section 5430 states
California Vehicle Code Section 5430 states that the rideshare companies must carry $1 million for any death, injury, property damage the driver causes. The insurance policy of a rideshare company is considered primary. It means, in most cases, the injured person only needs to sue Uber and not the driver. The $1 million policy covers the risk from the moment Uber driver accepts the request for the ride through the Uber application to the moment the driver completes the transaction of the ride from the Uber application.
Hence, you will get your claim from Uber, not the driver.
Uber is Not at Fault
If the driver of another vehicle is at fault, you may bring a claim to that driver. Drivers in California need to carry insurance. However, many Californians violate the law and do not take insurance policies. Moreover, the auto insurance policy can be only $15000 for the injury or death of a person, which may not be able to cover the damages caused.
Therefore, the Uber passengers claim Uber even if they get injured due to the fault of another driver. Uber carries $1 million in insurance for uninsured or underinsured drivers at fault. The coverage applies from the time a passenger enters the Uber vehicle to the time they exit.
In a nutshell, Uber covers the insurance of $1 million to pay to the Uber passenger who gets injured during the ride due to the fault of another driver.
For What Damages You Can Sue Uber for an Accident in Florida?
You come under serious injury standards if your injuries exceed the cost of $10,000. The injuries include:
- Total or partial paralysis
- A limb or appendage loss
- Organ damage or loss due to internal bleeding
- Reduced cognitive ability due to traumatic brain injury
- Partial or total blindness
Claim Compensation For Injuries & Damages
You can ask an Uber accident lawyer in Florida to claim compensation for you for the following injuries and damages:
- Emergency and future medical care
- Lifecare costs
- Lost wages and future income due to long term or permanent disability
- Diminished earning capacity
- Loss of consortium, guidance, or association
- Property damage
- Pain and suffering
Can You Sue if You Are Not an Uber Passenger?
Yes, you can sue even if you are not an Uber passenger in the following cases:
- You were in another vehicle as a passenger or driver who was involved in an accident with Uber.
- You were a pedestrian, and an Uber hit you.
The case varies depending on whether the driver is off the clock or on the clock with a passenger in the Uber vehicle.
- Off the clock or on the clock but waiting for the passenger: In this case, the claim is filed against the driver and not Uber. Uber denies the claim if there is no passenger in the Uber vehicle. However, Uber insurance is still applicable if needed extra, at least when the driver was available and waiting for a ride.
- On the clock with a passenger inside: In this case, the $1 million policy is applicable, and you can sue Uber.
Remember that, just because Uber possesses $1 million in insurance coverage for injuries caused to passengers by their drivers, or by drivers of another vehicle who are uninsured or underinsured, it does not mean you will get the maximum allowed compensation on negotiating the claim directly with the insurance company of Uber. Every insurance company aims to deny or minimize the claims.
Contact us at the Law Offices of Wolf & Pravato
To learn the true value of your claim, it is crucial to contact an experienced Fort Lauderdale car accident attorney such as Wolf and Pravato. Our expert and experienced Uber car accident attorneys obtain recoveries for their clients more than the amount insurance companies offer.