Rideshare companies, including Uber, have become more prevalent in the last several years. Customers enjoy the convenience of using the Uber app, but they can suffer serious injuries when Uber accidents happen. Recovering compensation after being injured in an Uber accident can be challenging because multiple defendants and insurance companies may be involved.
The attorneys at Rochelle McCullough LLP have extensive experience representing clients injured in Uber accidents and an in-depth understanding of Arkansas personal injury claims. When you work with us, we will not only carefully investigate your case and begin developing a strategy to pursue the compensation you need but also guide you through the entire legal process. We will ensure your rights are protected and you receive the best possible outcome.
Rideshare Laws in Arkansas
The Arkansas Public Service Commission regulates Transportation Network Companies, including Uber. Rideshare companies are required to apply for certification as Transportation Network Companies. However, the Commission doesn’t regulate rates or terms or conditions of services for rideshare companies.
Rideshare drivers are required to carry the same minimum auto insurance coverage as all other drivers in Arkansas. They must have a minimum of $25,000 per person for bodily injury, $50,000 per accident, and $25,000 for property damage.
Understanding Uber’s Insurance Coverage
Understanding Uber’s insurance policy is important if you’ve been injured in an Uber accident in Arkansas. Depending on when the accident occurred and who was at fault, you may be able to submit a claim for up to $1 million in damages through Uber’s auto insurance policy. If the accident occurred when the Uber app was turned off, the Uber driver’s personal auto insurance would provide the primary coverage.
If the app is turned on but the Uber driver does not accept a ride request, Uber provides limited liability coverage for third-party injuries and property damage. The coverage limits during this phase are $50,000 per person for bodily injury, $100,000 per accident for bodily injury, and $25,000 for property damage. Uber’s policy doesn’t include collision or comprehensive coverage during this phase.
It also offers limited coverage for the driver’s vehicle. Uber offers the most liability coverage when an accident occurs when an Uber driver is en route to pick up a passenger or is driving the passenger to their destination. Uber provides full coverage, including liability coverage up to $1 million per accident. They also offer up to $1 million in coverage for uninsured/underinsured motorist coverage.
Understanding Your Rights as a Passenger in an Uber Accident
Uber’s auto insurance policy will cover your injuries if you are injured in an Uber accident as a passenger. If your Uber driver caused the accident, you can file a claim with Uber’s auto insurance provider. If another driver caused the accident, you have the right to file an insurance claim with the at-fault driver’s auto insurance provider.
As mentioned above, Arkansas drivers are required to carry minimum liability insurance. If you’ve been seriously injured, the at-fault driver’s insurance policy may not cover all of your injuries. In that case, you can pursue additional compensation through Uber’s uninsured or underinsured motorist policy.
When multiple drivers are at fault, victims can pursue compensation from both of them. Arkansas abolished joint and several liability in 2003. Currently, injury victims can hold each defendant liable for the amount of damages directly proportional to their percentage of fault.
Recovering Compensation As an Uber Driver
Uber’s insurance policy covers repairs to the driver’s vehicle up to its actual cash value. However, this coverage only applies when the driver purchases comprehensive and collision coverage through their auto insurance policy.
The driver must pay a $2,500 deductible to access this coverage. If the driver was providing an Uber Black or Uber SUV ride, they are responsible for maintaining commercial insurance, and Uber’s insurance would not cover any accidents. If an Uber driver is partially at fault for an accident, they can still pursue damages from another at-fault driver. However, Arkansas uses a modified comparative negligence standard. An Uber driver cannot recover damages from another at-fault driver if they are 50 percent or more at fault for the accident.
Recovering Compensation As a Third-Party Driver or Passenger
If you were injured in an accident caused by an Uber driver, you have the right to pursue an insurance claim through Uber’s insurance policy. If the Uber driver had already accepted a ride request or was transporting a passenger when the accident occurred, Uber’s $1 million insurance policy will apply.
Suppose the app was turned on, but the driver hadn’t accepted a ride request. In that case, Uber provides limited insurance coverage. The coverage only applies if the Uber driver’s personal auto insurance won’t cover all of your medical expenses, property damage, and lost income.
Damages Available through an Uber Accident Claim in Arkansas
Plaintiffs in personal injury claims in Arkansas can recover economic and non-economic damages. Economic damages include compensation for current and future medical expenses, property damage, lost income, loss of earning capacity, disability, and other quantifiable damages. They can also recover non-economic damages for the pain and suffering they’ve endured from their injuries. Our experienced attorneys will diligently pursue the maximum compensation for all these damages.
Additional punitive damages may be awarded when the defendant engages in egregious behavior, such as intoxicated driving. Arkansas caps punitive damages at $250,000 or three times the amount of compensatory damages, whichever is greater, but not to exceed $1 million.
Contact Our Uber Accident Attorney in Hot Springs
Rideshare accident cases are often complex. If you’ve been injured in an Uber accident in Arkansas, speaking to an attorney as soon as possible is important. The skilled litigators at Rochelle McCullough, LLP are prepared to pursue the most damages possible in your case. You’ll benefit from our team of trusted personal injury attorneys to navigate this process and recover the full compensation you deserve for your injuries.