Can you sue Uber if you get in an accident? Depending on the details of the crash, you may be able to sue Uber if you get in an accident. The prevalence of ridesharing services has increased accident risk to other drivers and pedestrians. According to a 2018 study, ridesharing services led to a 2% to 3% increase in fatalities to pedestrians and other car occupants from 2011 to 2016. If the Uber driver caused the accident due to distracted driving or violating traffic laws, the incident happened while Uber’s insurance was active, or if there is a chance of Uber’s vicarious liability, it may be possible to pursue legal action.
For help with an Uber accident claim, contact Lloyd Miller Law Group at (773) 838-8100.
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How Is Liability Determined in Rideshare Accidents?
When accidents occur, determining liability can become complex due to the nature of rideshare operations, the roles of drivers, passengers, and other road users, and applicable insurance policies. Understanding how liability is assessed in these situations is crucial for all parties involved.
The Nature of Rideshare Services
Rideshare companies typically classify their drivers as independent contractors rather than employees. This distinction is significant when determining liability because it influences the extent to which the company is responsible for the driver’s actions. When a rideshare driver is actively engaged in transporting a passenger, the rideshare company may share some liability. Conversely, if the driver is offline or using the app for personal reasons, liability may shift to the driver alone.
Establishing Driver Negligence
Negligence is a critical element in determining liability in any accident, including those involving rideshare vehicles. To establish negligence, it must be proven that the driver failed to exercise reasonable care while operating the vehicle. This can involve a variety of behaviors, such as speeding, distracted driving, driving under the influence, or failing to adhere to traffic signals.
In rideshare accidents, evidence such as dashcam footage, traffic camera recordings, eyewitness accounts, and police reports can help establish whether the driver was negligent. If a rideshare driver’s actions are deemed negligent, they can be held liable for damages resulting from the accident.
The Role of Rideshare Companies
Rideshare companies have insurance policies that cover their drivers and passengers during different phases of a ride. Understanding these phases is essential for determining liability.
- App Off: When the rideshare driver is offline and not accepting rides, they are generally considered to be operating independently. In this phase, liability usually falls solely on the driver if an accident occurs.
- App On, No Passenger: If the driver is online but has not yet picked up a passenger, they are still covered by the rideshare company’s liability insurance. However, their personal insurance may also play a role, depending on the circumstances.
- Passenger in the Vehicle: When a passenger is actively being transported, the rideshare company’s insurance typically provides coverage for both the driver and the passenger. In this phase, if the driver’s negligence caused the accident, the rideshare company may also be held liable.
When Multiple Parties Are Involved
Rideshare accidents can involve other drivers, pedestrians, and cyclists. Establishing liability may require evaluating the actions of all parties involved. For example, if another driver collided with the rideshare vehicle, both drivers’ actions would be scrutinized to determine who was at fault.
In cases where multiple parties are found to share fault, liability may be divided among them based on the extent of their negligence. This is particularly relevant in jurisdictions that follow comparative negligence laws, where each party’s percentage of fault can influence the amount of compensation they receive.
The Importance of Insurance Coverage
Insurance coverage is a factor in determining liability in rideshare accidents. Rideshare companies typically carry liability insurance that covers drivers, passengers, and third parties during different phases of a ride. This insurance includes:
- Liability Coverage: Protects against bodily injury and property damage caused by the rideshare driver.
- Uninsured/Underinsured Motorist Coverage: Provides protection if the rideshare driver is involved in an accident with someone who does not have adequate insurance.
Who Can Be Held Liable in an Uber Accident?
If you were in an Uber accident, it can be challenging to identify the responsible parties due to the complex mix of individual and corporate accountability. Depending on the circumstances, there could be multiple parties who may be held accountable for the damages, such as:
The Rideshare Driver
If you were a passenger in a ridesharing vehicle and the Uber driver was at fault for a crash that resulted in your injury, you would be entitled to file a claim against the driver. This claim could be directed at the driver’s insurance (if it covers ridesharing activities) or the rideshare company’s third-party liability coverage, depending on the stage of the ride.
Another Negligent Driver
If another driver is responsible for your accident, you can make a claim against that driver, or his or her auto insurance, much like in a regular auto accident scenario.
The Rideshare Company
You can file an Uber accident claim Uber’s insurance if the Uber driver was waiting for a fare with the app open, picking up, or transporting a passenger. In the case of a personal injury claim, you may be eligible for up to $1 million in coverage for personal injury and property damage.
Steps to Take After an Uber Accident
If you are involved in a car accident involving an Uber, it’s important to take immediate action to safeguard your legal rights.
Seek Medical Attention
It’s crucial to seek medical attention, even if you feel fine immediately after the accident. Some injuries may not show symptoms right away. A medical professional may be familiar with the effects of a car crash on the human body, conduct a comprehensive examination and record any injuries connected to the accident.
Report the Accident
Make sure to inform your insurance company and the police about the accident. Additionally, use the Uber app to report the accident to Uber. Navigate to the “Trip Issues and Refunds” section, choose the trip during which the incident happened, and select “I was involved in an accident.” Then, follow the instructions to report the incident.
Obtain a Copy of the Crash Report
The law enforcement officer who arrived at the scene might have provided you with guidance on how to obtain a copy of the police report. If not, you should be able to obtain the report within a few days after the accident, either by contacting the law enforcement agency that handled your case or by accessing it online.
Gather Information
Ensure you gather all paperwork concerning your accident, such as medical bills, receipts for any expenses related to the accident, photos of the accident scene, and correspondence from your insurance company.
Consult a Personal Injury Lawyer
Before pursuing legal action, seek advice from rideshare accident lawyers familiar with Uber accidents and types of car accident injuries. He or she can assist you in navigating the procedure and assessing your legal options.
Seeking Legal Help for Your Uber Accident Claim
Hiring a legal professional helps clarify the anatomy of a rideshare accident claim and improves the likelihood of the victim receiving fair compensation.
Whether you can take legal action against Uber directly depends on factors such as the driver’s responsibility, the circumstances of the accident, and the timing of the accident concerning Uber’s insurance coverage phases. Having an experienced legal representative is essential for navigating legal and insurance obstacles, which includes interpreting Illinois law and Uber’s policies, establishing liability, and addressing common defenses Uber presents. Contact us at Lloyd Miller Law Group for assistance from a lawyer for your Uber accident.
