Can You Sue Uber if You Get in an Accident, and Under What Circumstances?
Uber, along with other popular rideshare services, has changed the transportation industry. Though they’re often touted as the safer alternative, they are just as prone to accidents as every other vehicle on the road. We reported on this earlier this year, with statistics showing that nearly one-third of rideshare drivers surveyed by the University of Illinois Chicago were involved in a crash while working.
Whether caused by the Uber driver’s negligence or another driver’s poor decisions, the bottom line is that as an Uber passenger, you are the one who’s going to be hit with the out-of-pocket expenses. When an accident occurs and an injury is sustained, you’re likely asking, Can I sue Uber and if so, under what circumstances? The answer depends on the details of your crash.
How Uber Operates
From delaying the implementation of necessary safety measures to trying to force mandatory arbitration, Uber does whatever it can to avoid liability. Uber accidents are no different. If a passenger is injured during their ride in New Jersey (and the Uber driver is at fault) Uber is required to maintain $1.5 million of liability insurance for injuries and property damage. However, in order for this coverage to apply, the Uber driver needs to be actively logged into the app.
If you got into an accident with an Uber driver who was logged into the app but not actively transporting a passenger, then you have even less coverage available to you. For example, if you are hit by an Uber driver who runs a red light, Uber only needs to maintain $50,000 per person, $100,000 per accident for injuries, and $25,000 in property damage per accident. If you are severely injured, your costs are going to exceed these coverage limitations, which is why filing a claim with your own personal injury insurance (PIP) is critical.
Similar Post: How Do You File a Report With Uber or Lyft After an Accident?
Why Uber Fights Liability in Accident Claims
Understanding how Uber’s insurance policies work is only one part of getting the compensation you need. To sue Uber for an accident, you need to establish liability. Unfortunately, as major news sources have reported, Uber has a history of fighting tooth and nail to avoid liability for auto accidents involving the company’s drivers.
In a recent New York Times article, a spokesperson for Uber said, “No single safety feature or policy is going to prevent unpredictable incidents from happening on Uber, or in our world.” This was said in response to the implementation of safety features that would have helped mitigate sexual assault and misconduct.
The bottom line: Uber will use everything in their arsenal to deny liability. For example, in a drunk driving accident, they may try to argue that its driver’s intoxication caused your crash and the resulting injuries, and that the driver’s intoxication excluded the rideshare corporation from liability. Learn more in our blog: Uber Car Accident Claims: Will Uber Deny or Delay Claims, and How Can I Prepare For That?
At Drazin & Warshaw, we’ve seen firsthand the tactics Uber implements to try and avoid having any culpability when they are facing legal action. That’s why our experienced personal injury attorney, Justin Drazin founded UberHurtMe.com, the nation’s leading Uber accident resource site. It’s time to take action against this company that has a history of prioritizing profits over passenger safety. Just check out our blog, New York Post: Unsealed Court Documents Reveal Uber Receives a Sexual Misconduct Report Every 8 Minutes, to see how much Uber’s tried to keep hidden.
How to Protect Your Rights After an Uber Accident
If you believe Uber played a role in your accident, taking the right steps now can help protect your claim moving forward.
Take the following steps after your Uber accident:
- Call 911 to the scene so they can create an official police report; this document will include your injuries, details on how the accident occurred, and witness statements from those who saw the crash.
- Screenshot details of your ride, including the driver’s name and the trip route. This evidence could prove invaluable in the investigation.
- Take photos of the accident scene, including photos of your injuries if readily available. This can establish a connection between the accident and your injuries.
- Seek medical care. Even if you feel fine, there may be internal injuries you’re unaware of that require prompt treatment. Plus, having a medical record is a crucial piece of evidence in pursuing legal action.
- Contact an experienced personal injury lawyer before talking to Uber’s insurance carrier. Insurance companies are trained to protect their bottom line, which means trying to offer you a low settlement or deny your claim altogether. A lawyer can talk with Uber’s insurance carrier on your behalf, protecting you and your right to compensation.
Similar Post: What Should You Do Following Uber Accidents?
How Drazin & Warshaw Can Help
We can investigate details of the Uber crash, including pulling up details about the driver in question. Did they have negative reviews from passengers that called out unsafe driving practices? Were they involved in crashes in the past? Details like these can support your case by showing a pattern of neglect.
From the initial investigation to representing you in court and everything in between, Drazin & Warshaw is your ally in the fight against Uber and other big corporations like it. Don’t let rideshare companies minimize your injuries or their culpability. As these recent reports from the New York Times and New York Post have highlighted, Uber has shown that it wants to avoid responsibility at every turn. We won’t let them get away with it.
Contact us today to schedule a free consultation and let us help you with your claim against Uber. You need money on the road to recovery. Let us get it for you.
Disclaimer: This blog is intended for informational purposes only and does not establish an attorney-client relationship. It should not be considered as legal advice. For personalized legal assistance, please consult our team directly.