Ubers and Lyfts might seem like godsends sometimes. If you are in an unfamiliar city and you’d prefer not to take a taxi, calling an Uber will likely appeal. Maybe you’re coming home from a party and you’ve had a few drinks. If so, calling for a ride constitutes socially responsible behavior.
Ubers can cause accidents, though, just like other vehicles. If your Uber driver makes a mistake and hits another car or an inanimate object, that can injure or traumatize you.
In most instances, you’re looking at a two-year window for Uber accident insurance benefits, so you must make sure to file in plenty of time if this occurs. You should also know about the other rights you have following Uber accidents. We’ll talk about those in the following article.
Fault and No-Fault States
First, you should know that what rights you have following an Uber accident change somewhat depending on whether the wreck happened in a so-called “fault” or “no-fault” state. In fault states, you can demand payment for injuries, pain and suffering, and other harm from anyone who caused the accident.
If the Uber driver alone caused the accident, they’re on the hook for damages from a legal standpoint. If some other driver hits your Uber, you can potentially sue them. If a drunk person ran into the road suddenly and your Uber driver swerved to avoid them, harming you, you can sue the intoxicated individual.
As for no-fault states, they require personal injury protection insurance, or PIP. Personal injury protection insurance can potentially pay your medical bills following an Uber accident. In these states, it doesn’t matter whether someone acted recklessly or negligently. Assuming they have this insurance, it can pay for your doctor bills, medication, loss of wages, and other losses, both economic and non-economic, that might occur.
Sometimes Things Get Complicated
In some instances, if an Uber driver caused your accident, you can collect the money you’re due with minimal hassle. Other times, certain complications get in the way.
Maybe you have a scenario where your Uber driver caused an accident in a fault state. Technically, an Uber driver has independent contractor status. That means if driver negligence caused the accident, you can’t hold Uber liable vicariously. At the same time, you should know that Uber must have supplemental insurance that covers third parties and passengers who sustain injuries when one of their drivers clearly caused an accident.
That means, in some instances, you can legally go after Uber as well as the driver. However, the company’s supplemental insurance only kicks in when you have an Uber driver actively engaged in a ride request or when they are seeking one.
In other words, if an Uber driver hits you, but they don’t have a fare in the back, and they weren’t on their way to get one at that moment, the company can argue they bear no direct responsibility. You can just imagine the headaches that can come about in these situations.
What Can You Do About an Uber Driver or the Company Denying Your Claim?
You must sometimes get litigious if an Uber driver caused an accident with you in the back or if a driver hits your vehicle and injures you. In such instances, you must first consider whether your state has fault or no-fault status. You may know that already, but perhaps you don’t. A simple Google search can tell you, and you’ll need that information.
Once you determine your state’s status, you can figure out whether the accident harmed you at all. If you sustained injuries, you can go after either the Uber driver, the company, or both for damages. If they drag their feet or completely stonewall you, you may have to hire a lawyer who knows about these cases.
Uber accident lawsuits and regular accident cases where non-commercial vehicles hit each other have certain differences. An attorney who does only non-commercial cases might not do you much good. When you ask around and talk to different lawyers, make sure you get one with the proper experience.
What Happens Next?
You must tell the lawyer what happened, omitting nothing. You shouldn’t embellish, either, since all the facts will come out during the investigation. Your lawyer can tell you whether you have a case or not. They can also determine how you should proceed based on factors like whether you’re in a fault or no-fault state, whether they can find any witnesses who saw the accident, whether any pictures or video exist, and so forth.
If you get a lawyer with a positive industry reputation, that intimidation factor can potentially help you. If Uber feels they might dispute the matter in court, knowing they’re up against a skilled trial lawyer may dissuade them.
You Might Get a Settlement Offer
Despite what TV shows may tell you, very few car accident cases, involving Uber drivers or otherwise, ever get to the trial phase. Most of the time, you’ll get a settlement offer eventually.
When that happens, you and your lawyer can discuss it. They might recommend that you take it, but you can always refuse if you don’t feel like they’re offering enough.
Remember that you need that money if you have unpaid medical bills, but you might have other concerns as well. The term “pain and suffering,” in legal circles, often comes into play in these cases.
Pain and suffering usually involve non-economic losses. Perhaps you’ll lose certain abilities after the accident. Maybe you won’t enjoy life in the same way for some time afterward while you’re recovering. Perhaps you’ll even notice permanent changes in what you can and can’t do.
You can huddle with your lawyer and talk about what you think that’s worth. They can cite precedent by looking at similar cases. You have all of these rights, and you should know about them following an Uber accident. You should not stop until you feel you’ve received the compensation you deserve.
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Source: Story.KISSPR.com
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