Our California Uber accident attorneys help people injured by the negligence of Uber drivers. While ridesharing services pose a convenient alternative to taxis and cabs, they still lead to accidents.
In fact, people are hurt almost everyday in California in Uber related crashes. Accident victims deserve fair compensation for their injuries.
Depending on the facts of a case, an Uber driver can cause injury to another motorist, a passenger, pedestrians, and bicyclists. Common injuries in these cases include head and back injuries, neck injuries, and broken bones.
Victims hurt in Uber accidents can generally file a personal injury claim or lawsuit against:
- the negligent Uber driver,
- Uber, and/or
- any applicable insurance policy (including a policy with a driver’s own insurance company and Uber’s insurance company).
Our attorneys can file an Uber lawsuit against one of the above parties on a victim’s behalf. They can also:
- help clients manage their medical treatment,
- investigate an injury case and gather pertinent evidence, and
- file a personal injury claim with the pertinent insurer.
The Shouse Law Group is a California based personal injury law firm that represents people injured in Uber and rideshare vehicle accidents. We work tirelessly for all our clients and seek to get you the biggest settlement possible.
Our California Uber attorneys will highlight the following in this article:
1. What are common types of Uber accidents and injuries?
2. Who can injury victims sue following an Uber accident?
3. How does compensation work in an Uber case?
4. What is the role of an Uber accident lawyer?
5. What are the benefits of an Uber accident attorney?
What are common types of Uber accidents and injuries?
While rideshare companies and California Uber vehicles are still relatively new, they cause a quite high number of accidents and personal injury cases.
Common accidents include:
- Uber drivers hitting pedestrians and bicyclists,
- Uber vehicles causing an accident with other motorists,
- Uber customers getting hurt in an auto accident with another motor vehicle.
People involved in Uber related accidents can suffer a wide variety of injuries. Common ones include:
- head or brain injuries,
- neck injures (for example, whiplash),
- broken bones, and
- back injuries.
Who can injury victims sue following an Uber accident?
People injured in a rideshare accident can file a personal injury claim or lawsuit against:
- the negligent rideshare driver,
- the driver’s insurance company, and/or
- the rideshare company.
Note that Uber used to try to avoid liability in these car accident cases by showing that their drivers were not employees, but were rather independent contractors. However, California Assembly Bill 5 (AB5) is a piece of legislation that went into effect on Jan. 1, 2020. The new California law requires many companies that hire independent contractors, including Uber, to reclassify them as employees. Now, people hurt in rideshare accidents can attempt to include Uber in a personal injury case.1
It is important for injury victims in Uber accidents to be familiar with the insurance coverage available in these cases.
The minimum amount of liability insurance/liability coverage for a non-rideshare driver is $15,000/$30,000 in bodily injury liability per person/per accident, and $5,000 for property damage.2
But Uber drivers are required to carry a personal auto insurance policy that covers:
- $50,000 in bodily injury liability coverage per person,
- $100,000 in bodily injury liability coverage per accident, and
- $30,000 in property damage liability insurance.3
Further, Uber maintains a driver’s insurance policy of $1,000,000 that is available in some cases.4
Uber accident victims who successfully file an accident claim can use the above motorist coverage to receive financial compensation for:
- medical bills and medical expenses,
- lost wages,
- lost earning capacity,
- property damage, and
- pain and suffering.
Further, if a victim was killed in an Uber accident, the decedent’s remaining family members can bring a wrongful death suit to try and recover:
- burial and funeral expenses,
- amounts the deceased would have earned as income, and
- compensation for the loss of the deceased’s companionship and support
How does compensation work in an Uber case?
Most people hurt in an Uber accident receive compensation by filing an injury claim with an insurance company. This means that if an Uber car was in an accident, and either the passenger in the car or the driver of another car was injured in the collision, then the victim can file a claim with either:
- Uber’s insurer, or
- the personal insurance policy of the Uber driver.
The answer of which one applies depends on the time of the accident.
There are four main periods when an Uber accident can take place:
- period 0 – the time period when an experienced Uber driver has not logged into his/her Uber related app and is not looking for customers,
- period 1 – the time when the driver is logged into his/her app but has not located or found a customer to transport,
- period 2 – the time frame when a driver has accepted a customer but has not picked that person up yet, and
- period 3 – the time when a customer is in the rideshare car, from the moment of pick-up to drop-off.
Compensation During Period 0
When drivers are not logged into their Uber app, they are not technically commercial drivers. They are driving for their own personal use. This means if a person is injured in a collision caused by an Uber driver during period 0, the party cannot file a claim under Uber’s company policy. Rather, the driver files a claim under the at-fault driver’s personal insurance policy.
Compensation During Period 1
Once logged into their Uber app, drivers are operating their vehicles for commercial purposes. If the driver injures another motorist or passenger during this time, the victim first files a claim with the at-fault driver’s policy and then with Uber’s insurer.
Compensation During Periods 2 and 3
Uber provides liability coverage in these time periods in the amount of $1 million. However, the coverage only applies after an injured person files a claim with the Uber driver’s own insurance. These rules mean that if a rideshare driver injures a passenger or motorist, the victim first files a claim under the at-fault driver’s policy. If the driver doesn’t have insurance, or if the amount of a person’s damages is above the driver’s policy limits, the victim can file a claim with Uber’s insurer.
What is the role of an Uber accident lawyer?
Rideshare accident attorneys play a vital role in these types of cases.
A personal injury lawyer usually performs the following in the life of an accident case:
- interviews the accident victim, or his/her surviving family members, to learn the facts of the case and discuss legal options,
- helps the victim get initial medical attention and assists the party in managing his/her medical treatment,
- investigates the cause and circumstances of the accident,
- finds any experts to assist in the case,
- issues a demand letter on behalf of the accident victim, and
- files a lawsuit on the victim’s behalf.
Note that a “demand letter” is a document that a personal injury attorney sends to Uber or one of its drivers informing that the victim intends to file an injury claim with the party’s insurance company.
What are the benefits of an Uber accident attorney?
Uber lawyers provide a host of benefits in rideshare cases.
Lawyers understand the fair value of a claim or lawsuit. This means they will hold negligent and at-fault parties to pay their fair share of a victim’s damages.
Attorneys can also spot hidden value in these claims to help maximize a victim’s compensation.
Law firms and attorneys also handle the complexities of a case so that victims can take the time to heal.
Most lawyers provide a free case evaluation. A free evaluation means injured parties can get their legal questions answered without spending a dime.
Note that the information a party provides to an injury lawyer is protected by the attorney-client relationship. This means an attorney cannot disclose this information to a third party unless the client agrees.
For additional help…
If you or a loved one was injured in an Uber accident, we invite you to contact our law firm at the Shouse Law Group. Our rideshare accident lawyers and legal team provide both free consultations and legal advice you can trust.
We work tirelessly to get you the maximum compensation available for your case. Our attorneys represent clients throughout California, including those in Los Angeles, San Francisco, and southern California.