Recovering compensation from Uber accidents can be challenging for injured victims. The claims process can be more complicated than many realize, especially because Uber accident victims often deal with multiple insurers. There may be disagreements about who is at fault, the extent of the victim’s injuries, and which insurance policy is primary or secondary.
If you or your loved one have been seriously injured in an Uber accident in Dallas, getting help from a skilled attorney is the best way to tackle these complications. You may have questions about who is financially responsible or liable for your injuries and how you should obtain compensation. The skilled car accident lawyers at Rochelle McCullough are prepared to advocate for you and your rights. Contact Rochelle McCullough today to schedule a complimentary, no-obligation consultation.
How Are Uber Accidents Different From Other Auto Collisions?
Uber accidents differ from other auto accidents because the driver is generally covered by the rideshare company’s liability insurance policy. Generally, the Uber driver will carry his or her own insurance policy. In addition, Uber’s insurance policy may kick in and cover a passenger’s injuries, depending on where the accident occurred. As a result, you may have to deal with multiple insurance policies in your attempt to recover compensation for your injuries.
Understanding Uber’s Insurance Policy for Uber Accidents
Unfortunately, recovering compensation through Uber’s insurance policy can be challenging. The amount of available compensation depends on when the accident occurred. If the accident occurred when the Uber driver was not logged into the Uber app, Uber’s insurance policy will not cover any damages. Instead, the driver’s personal auto insurance policy will apply.
If Uber accidents occur when the driver is logged in to the Uber app and waiting for a customer to book him or her, Uber a limited amount of insurance coverage will apply. Finally, if the Uber driver is actively driving a passenger that booked a ride through the Uber app when the accident happens, Uber’s $1 million liability coverage will apply.
Uber’s $1 Million Insurance Policy
Up to $1 million of uninsured/underinsured motorist coverage is also available. The insurance company may try to claim that the accident didn’t occur at a stage in which Uber is responsible for providing insurance coverage. An attorney can help you access phone records and determine the app’s activity, so you can pursue the most compensation possible. The uninsured motorist coverage is important when a third-party driver causes an accident with your Uber driver. If the third-party driver doesn’t have auto insurance or doesn’t have enough auto insurance to cover your damages, Uber’s insurance policy will kick in and cover the damages of up to one million dollars.
Pursuing a Lawsuit Against a Third-Party Driver
Depending on the facts in your case, there may be more than one party who should be held liable. For example, if three vehicles were involved in a collision, it’s possible that the Uber driver and another third-party driver caused the collision. Alternatively, the Uber driver may not be at fault for the accident. Instead, another driver may have run through a red light and collided with the Uber driver or engaged in other negligent behavior that caused the accident.
In this scenario, victims may be able to pursue compensation from one or more third-party drivers. When you hire a personal injury attorney, your attorney can immediately investigate the accident and determine which party or parties are liable. At that point, your attorney can begin developing a legal strategy to recover the full and fair amount of compensation you deserve.
Pursuing a Lawsuit Against Uber
Recovering compensation from an insurance policy may not be the best option in your case. You may not be able to obtain enough compensation for your losses by pursuing an insurance claim from the at-fault driver’s insurance policy or Uber’s policy.
Pursuing a lawsuit against Uber could be a beneficial strategy for your case. In 2017, the governor of Texas signed a law that places additional regulations on ride-sharing companies. For example, Uber drivers are required to obtain a permit and undergo a background check. When Uber drivers cause an accident that results in a passenger’s injuries, the passenger can sue Uber under the theory of negligent hiring. You will need to prove that Uber failed to meet the requirements under the law when it hired the driver who caused the accident.
You also need to prove that Uber’s failure resulted in the accident that caused her injuries. Uber drivers generally don’t have enough assets to cover expenses related to serious medical injuries. Pursuing compensation from Uber can help you recover the full and fair amount of compensation you need and deserve.
Damages Available in Uber Accidents Lawsuits
After becoming injured in Uber accidents, victims may be more focused on their physical recovery. You’re probably also feeling financial strain due to your injuries. If you can’t work because of your injuries or your vehicle has been totaled, you’re probably seeing your bills pile up. Pursuing a personal injury lawsuit can help you obtain the financial damages you and your family need to move forward. Suppose you are an Uber driver, a passenger, or another driver injured in an Uber accident. In that case, you may be entitled to the following types of damages through a lawsuit against the at-fault party:
- Past and future medical expenses related to the accident injury
- Cost of household help while you are recovering
- Lost wages and work-related benefits
- Loss of future income if you are unable to work in the future
- Pain and suffering
- Long-term care for conditions such as accident-related PTSI
Common Injuries From an Uber Car Accident Can Include:
- Whiplash and neck injuries
- Back and spinal cord injuries
- Head and brain injuries, including concussions
- Broken bones and fractures
- Soft tissue injuries, like sprains and strains
- Cuts, lacerations, and abrasions
- Bruises and contusions
- Internal injuries or organ damage
- Psychological trauma, such as post-traumatic stress disorder (PTSD)
- Injuries to limbs and extremities
It’s important to note that the severity of injuries can vary widely depending on the nature of the accident and the forces involved. If you’re involved in an Uber car accident, seeking medical attention promptly is essential, even if injuries seem minor at first, as some injuries may not manifest immediate symptoms.
Frequently Asked Questions about Uber Accidents
- What should I do right after an Uber accident?
Immediately after an Uber accident, prioritize safety. Check on all parties involved and seek medical help if necessary. Report the accident to the police, gather information from drivers and witnesses, and take photos of the scene. If an Uber was involved, note the driver’s information and report the incident to Uber. - Whose insurance covers my medical expenses after an Uber accident?
As a passenger, Uber’s insurance policy typically covers your medical expenses. If you’re another driver or a pedestrian, the responsible party’s insurance might apply along with Uber’s insurance coverage. - Can I sue Uber for my injuries from the accident?
Depending on the circumstances, you might be able to sue Uber if the driver’s negligence caused the accident. However, Uber’s terms and conditions often include arbitration clauses that could affect your ability to file a lawsuit. - How long do I have to file a claim after an Uber car accident involving in Dallas, TX?
In Dallas, Texas, the timeframe to file a claim after a car accident involving Uber or Lyft generally adheres to the state’s statute of limitations for personal injury cases, which is typically two years from the date of the accident. It’s crucial to consult with a legal professional to ensure an accurate understanding and adherence to the specific deadlines relevant to your situation. - What should I do if the Uber driver’s insurance is not sufficient to cover my damages?
In cases where the rideshare driver’s insurance falls short in covering your damages, both Uber and Lyft offer supplementary coverage. These companies maintain insurance policies that could potentially extend higher limits, contingent upon the unique circumstances of the accident. To tap into this additional coverage, you might be required to initiate a claim with the respective rideshare company.
Discuss Your Uber Accident Case with a Skilled Dallas Attorney
If you have been injured in an Uber accident in Dallas, the steps you take after your accident can help or hurt your claim for compensation. When you work with the Dallas litigators at Rochelle McCullough, we will immediately step in and begin handling all the negotiations with the insurance adjusters so you can focus on your recovery. Contact the Dallas personal injury attorneys at Rochelle McCullough today to schedule a free case evaluation and learn more about how we can advocate for you.