Understanding Damages Available in Uber Accident Claims

by | Dec 10, 2023 | Personal Injury, Uber, Uber Accidents, Vehicle Accident

Ridesharing services like Uber have revolutionized transportation, providing convenient and accessible travel options for millions worldwide. However, with the increased prevalence of Uber rides, accidents involving these vehicles have also surged. When an accident occurs involving an Uber vehicle, understanding your rights and options for recovery is crucial.

In the article below, the Uber accident lawyers at Kherkher Garcia share valuable insight into Uber accident claims and the damages you may be able to pursue if an accident occurs. We will also provide information about Uber accident claims, and what you should do immediately following an accident.

Uber Accident Basics

Uber drivers are classified as independent contractors, not employees, which can complicate liability in accident cases. Determining who is responsible for damages—whether it is the driver, Uber, or another party—often depends on the circumstances of the accident. Here are some examples of how liability could impact your next steps after an accident:

  • Uber’s Insurance Coverage: Uber provides insurance coverage that may apply based on different circumstances during an accident:
    • When the Uber driver is offline or the app is off, their personal insurance applies.
    • When the driver is online but hasn’t accepted a ride request, Uber’s limited liability coverage may apply.
    • Once the driver accepts a ride request and during the trip, Uber’s commercial insurance, with higher coverage limits, typically applies.
  • Driver’s Personal Insurance: There might be cases where the driver’s personal insurance policy could be involved, especially if there are gaps in Uber’s coverage or if the driver was operating the vehicle for personal reasons at the time of the accident.
  • Third-Party Liability: In some instances, liability may fall on a third party, such as another driver or entity whose actions contributed to the accident. Identifying all responsible parties is crucial in seeking appropriate compensation.

Types of Damages Available in Uber Accident Claims

The types of damages available in Uber accident claims may vary depending on the details of the accident. However, there are some types of damages that are fairly consistent in personal injury cases. These damages include:

  • Medical Expenses: One of the primary types of damages in Uber accident claims is compensation for medical expenses. This includes hospital bills, surgeries, medications, physical therapy, and any other treatment related to injuries sustained in the accident. Victims can claim both past and future medical costs, depending on the severity and expected recovery time.
  • Lost Wages and Earning Capacity: If the injuries from the accident prevent the victim from working, they can claim compensation for lost wages. Additionally, if the injuries result in a decreased ability to work or earn income in the future, victims may also seek damages for the loss of earning capacity.
  • Pain and Suffering: Non-economic damages, such as physical pain, emotional distress, and loss of enjoyment of life, fall under pain and suffering. These damages can significantly impact a person’s quality of life and are often challenging to quantify.
  • Property Damage: Damage to the victim’s vehicle or other property as a result of the Uber accident is eligible for compensation. Repairs or replacement costs for damaged property are recoverable damages.
  • Punitive Damages: In extreme cases where the at-fault party’s actions were exceptionally reckless or malicious, punitive damages may be awarded. These damages aim to punish the wrongdoer and deter similar behavior in the future.

Navigating the Claims Process

Seeking compensation in an Uber accident involves navigating a complex legal and insurance process. The best way to do this is with the guidance of an experience Uber accident lawyer. There are some things that you can do in the meantime to begin protecting your rights. Consider the following steps:

  • Seek Medical Attention: Prioritize your health by seeking immediate medical attention. Documenting injuries is crucial for your claim.
  • Gather Evidence: Collect as much evidence as possible, including photos of the accident scene, witness statements, police reports, and medical records.
  • Report the Accident: Report the accident to Uber through the app and inform your insurance company. Prompt reporting can strengthen your claim.
  • Consult a Lawyer: Consulting a lawyer experienced in handling Uber accident cases can significantly assist in understanding your rights, dealing with insurance companies, and navigating the legal complexities.

Understanding the claims process and navigating the complexities of liability is essential for victims seeking compensation. An Uber accident lawyer can help you understand your rights and will help you navigate the nuances of Uber accident claims can greatly aid in securing appropriate damages and ensuring a fair resolution.

Common Causes of Uber Accidents

Uber accident claims can arise from various factors, and several common causes contribute to these incidents. In order to obtain compensation in an Uber accident claim, you will need to prove that your injuries are the result of negligence. Some of the common causes of Uber accidents that are due to negligence include:

Driver Error

Many accidents involving Uber vehicles occur due to driver error. This includes speeding, reckless driving, distracted driving (such as texting or using the app while driving), running red lights or stop signs, improper lane changes, and failure to yield.

Drowsy Driving

Uber drivers often work long hours to meet income goals, leading to fatigue and drowsiness while operating the vehicle. Fatigue can impair a driver’s reaction time and decision-making abilities, increasing the risk of accidents.

Intoxication

Accidents involving Uber vehicles may result from drivers operating under the influence of alcohol or drugs. Despite Uber’s strict policies against impaired driving, some drivers may still engage in this dangerous behavior, posing significant risks to passengers, pedestrians, and other motorists.

Poor Vehicle Maintenance

Neglecting vehicle maintenance can lead to mechanical failures or malfunctions, such as brake failure, tire blowouts, or steering issues, which could cause accidents.

Distractions and Technology

Uber drivers often rely on GPS navigation and the Uber app while driving. Constantly checking or interacting with these devices can distract drivers, taking their focus off the road and increasing the likelihood of accidents.

Road Conditions and Infrastructure

Poorly maintained roads, construction zones, inadequate signage, or road hazards can contribute to accidents involving Uber vehicles, even when the driver is exercising caution.

Other Negligent Drivers

Not all accidents involving Uber vehicles are the fault of the Uber driver. Other motorists on the road may behave negligently, causing collisions that involve Uber cars. In these cases, your accident claim may be against the negligent driver, not the Uber driver that you were traveling with.

Understanding the common causes of Uber accidents and who is liable for any injuries that occur is crucial when considering an Uber accident claim.

Do I Need a Lawyer to Help Me After an Uber Accident?

Whether you need a lawyer after an Uber accident is a personal decision. However, there are many benefits to having a skilled Uber accident lawyer on your side. While it is not a legal requirement to hire a lawyer, doing so can benefit you in several ways:

  • Understanding Your Rights: A lawyer experienced in handling Uber accident cases can explain your rights and the legal options available to you. They can assess your situation and advise you on the best course of action to seek compensation.
  • Determining Liability: Identifying all responsible parties in an Uber accident can be challenging. A lawyer can help determine liability, whether it’s the Uber driver, Uber itself, another motorist, or a third party, ensuring that all avenues for compensation are explored.
  • Dealing with Insurance Companies: Insurance companies involved in the accident might try to minimize your claim or offer a settlement that doesn’t adequately cover your damages. An attorney can negotiate with insurance companies on your behalf to ensure you receive fair compensation.
  • Navigating Legal Complexities: Uber accident claims can involve complexities related to insurance coverage, liability, and various legal procedures. A lawyer familiar with these intricacies can navigate the legal system, handle paperwork, and ensure deadlines are met, relieving you of stress and confusion.
  • Representation in Court: If your case goes to trial, having a skilled attorney by your side can be invaluable. They can represent your interests in court, present your case effectively, and advocate on your behalf.

Consulting with a lawyer after an Uber accident can provide clarity on your legal options and ensure that your rights are protected throughout the claims process, potentially leading to a more favorable outcome in seeking compensation.

Learn More about Uber Accident Claims

If you have been injured in an accident involving an Uber driver, it is important to learn more about your legal rights, the complexities of cases involving Uber, and your best options for obtaining compensation. An Uber accident lawyer at Kherkher Garcia can help!

Kherkher Garcia has been helping injury victims for more than 30 years. Our team handles all manner of personal injury claims, including those involving Uber and Lyft. We know the complexities of these cases and how best to protect your rights and obtain maximum compensation. Learn more about how we can help with your Uber accident case by calling us at 713-333-1030, or by completing our online contact form.

Image by jcomp on Freepik

Schedule a free Consultation

Bret Stanley

Bret Stanley

Firm Partner and Trial Lawyer

This article was written and reviewed by Injury Trial Lawyer and Firm Partner Bret Stanley. Bret is a practicing injury lawyer with more than 12 years experience. He has won Millions in Settlements and Verdicts for his clients. Bret’s practice areas have focused on helping clients with rideshare sexual assault, product liability, pharmaceutical device and drug claims, mass tort litigation, catastrophic personal injury litigation, complex insurance litigation, and Jones Act / Maritime Injury litigation.

Learn moreRead more articles