Have you ever thought about what happens if you’re in a car with an Uber sticker and an auto crash occurs? With the rising use of rideshare services like Uber, understanding your legal rights in the event of an Uber mishap is critical.

When you step into a rideshare car, you trust your safety to both the driver and Uber. Therefore, drivers are required to drive safely and behave professionally. One class action lawsuit was filed to recompense rideshare victims for driver abuse.

What You Should Know If You Decide to Sue Uber

Deciding to Sue Uber

 

You can sue Uber if a car accident occurs and you’re an Uber passenger or you wish to recover compensation in a Uber accident as a motorist or pedestrian.

To understand your rights, it helps to know more about the details of submitting an Uber personal injury claim for an accident involving injuries fully covered by the at-fault parties. Often, these parties are Uber’s insurer and the driver.

Uber handles insurance company negotiations after you’ve sustained injuries or are requiring payments for hospital bills, wish to recover damages, for instance, for mental anguish, or are requesting punitive damages for gross negligence.

Whether you’re requesting compensation from the company through its insurance provider to pay for injuries sustained or want to file a lawsuit, you’ll need to work with an experienced personal injury attorney – someone who works as an Uber accident lawyer.

Coverages for Uber Claims

Coverages for Uber Claims

Uber’s insurance company covers drivers and passengers for liability and the following coverages may also be used to pay for damages after you’re injured in an accident:

1. Liability Insurance

In the event that an at-fault driver or independent contractor from Uber causes an accident resulting in serious injuries to another driver, passengers, or pedestrians, Uber’s liability policy can cover accidents for injury and property damage up to $1 million per incident.

2. Collision Coverage

If an Uber driver’s personal auto policy does not cover the driver in a legal action, contingent collision coverage may come into play. The policy covers property damage claims up to an auto’s cash value.

3. Underinsured/Uninsured Motorist Coverage

If you’re an Uber passenger, you can use this insurance if the other driver does not have enough insurance or no insurance during your Uber collision.

You can use the coverage to cover medical costs for medical bills for hospitalization and recovery, lost earnings, and pain and suffering.

4. Personal injury protection (PIP)

Maryland requires Insurers to offer this type of no-fault coverage even though Maryland is an at-fault state. It covers injured Uber passengers, regardless of who is at fault.

In some cases then, an Uber passenger, other driver, or responsible party may need to to file a claim with their insurance company first if they are injured at the time of the accident.

Insurance policy resources can vary depending on the nature of the accident, especially in accidents involving rideshare companies.

Proving Negligence

Proving Negligence

If you sue Uber for fair compensation after an accident occurred, you’ll need an experienced lawyer by your side.

That’s because you’ll need to show that the driver was speeding or was distracted, drowsy, or intoxicated at the time of the collision. You’ll need to name the driver and Uber as defendants if you plan to sue for compensation.

If you’re asking, “Can a driver sue Uber?” the short answer is “negligence.” You’ll need to make sure you and your lawyer can show negligence to file a claim.

Understanding Uber’s Liability in Claims for Uber Accidents

If an Uber driver or the company’s independent contractors are actively carrying a passenger or on their way to pick up a passenger, Uber’s coverage typically applies. However, if the driver is waiting for a ride request, their personal insurance, along with limited coverage from Uber, may come into play.

This dual system of coverage can make determining liability in Uber accidents more challenging than in traditional auto accidents where you sue for damages.

Uber’s Liability Policy and Uber Driver Status

Uber provides liability coverage for drivers and passengers, but it depends on the driver’s status at the time of the accident. Again, the company provides $1 million in liability coverage for legal claims, including wrongful death.

Here’s a breakdown of how insurance coverage works if you’ve been injured in an accident and wish to sue Uber:

  1. Driver Not Logged into the App: If the Uber driver isn’t logged into the app, Uber’s insurance policy does not cover any accidents. The driver’s personal auto policy applies.
  2. Driver Available but No Passenger: When the driver is logged in and waiting for a ride, Uber provides limited liability coverage. This coverage typically includes certain damages and injuries but is not as expansive as it is when a passenger is in the auto.
  3. Passenger in the Vehicle: The most comprehensive coverage applies when the driver has a passenger.

When an Uber Driver Is “Off the Clock”

When an Uber Driver Is “Off the Clock”

When an Uber driver is “off the clock,” meaning not actively working or waiting for a ride request, Uber’s insurance coverage changes significantly.

In such cases, Uber typically does not provide coverage. If an accident happens during this time, the personal auto insurance of Uber drivers is usually the primary source of coverage for the injured parties involved in the mishap.

How Do You Prove Whether an Uber Driver Was Available for Rides at the Time of the Wreck?

Proving if an Uber driver was available for rides at the time of an accident is key in Maryland. This proof determines who is liable – the driver or Uber. Here’s how it works:

  • Uber’s App Status: Check if the Uber app was on at the time of the incident. This shows if the Uber driver was waiting for a ride request or already had a passenger.
  • Trip Records: Uber’s records can confirm if the driver was on a trip.
  • Time Stamps: Time stamps provide clear evidence of the driver’s status during the accident.

How to Initiate a Claim Process After an Uber Accident

If you’ve been in an Uber accident in Maryland, starting the claim process is critical. Here’s how you can initiate insurance negotiations or a lawsuit:

  • Gather Information: Collect details of the accident, including the date, time, location, and involved parties.
  • Report to Uber: Notify Uber of the accident through their app or customer service.
  • Document Everything: Keep a record of any medical treatments, expenses, and communications related to the accident.
  • Contact a Personal Injury Lawyer: Consult with a lawyer specializing in rideshare accidents to review your case.
  • File a Claim: Your lawyer will guide you in filing a claim, whether it’s with Uber’s insurer, the driver’s insurer, or another party.

Types of Damages You Can Claim in a Maryland Uber Accident Case

Types of Damages You Can Claim in a Maryland Uber Accident Case

In an Uber crash case in Maryland, you are entitled to various types of damages. Particularly, these damages include:

  • Medical Expenses: Covers costs for medical bills covering treatments and care related to the accident.
  • Lost Wages: Compensates for income lost due to the accident.
  • Pain and Suffering: Addresses physical pain and emotional distress from the accident.
  • Property Damage: Covers repairs or replacement of your personal belongings damaged in the accident.

If you’re wondering, “Can a driver sue Uber for damages or a pedestrian ask for compensation in an Uber vehicle accident, the above costs are covered in a pedestrian or driver sue Uber type claim.

Contact A Personal Injury Lawyer to Discuss Your Uber Driver Case in Maryland

The Law Offices of Alex Poberesky specialize in ride share cases and Uber driver negligence.

They understand the complexities involved in claims involving Uber drivers and are ready to assist you with your rideshare case. Contact their car accident lawyer for a free consultation today.