If you have been hurt in an accident involving a Lyft or an Uber, you may have grounds to pursue a personal injury claim, so long as you are within the statute of limitations for the state in which the accident occurred. You will need to get medical attention as soon as possible so that you can protect your legal right to file a claim. It is very difficult to recover from any vehicle accident and to figure out the maze of paperwork and insurance requirements that can follow.
However, this can get much more difficult when you are hurt in an Uber accident because there are other additional elements involved and additional people who may be communicating with you. If you were an Uber passenger in a car accident, you do have the right to sue if you can show that someone else was responsible for the injuries you incurred. Many people who are asking “can I sue Uber for a car accident” want to know who is legally responsible for the injuries sustained and how to file that accident claim in a timely manner to protect their rights.
As a passenger in an Uber vehicle, you are eligible to open a lawsuit for Uber and potentially any other involved parties to get payment for your previous and future medical costs, pain and suffering, and any other damages that you suffered. This is true whether or not the driver caused the accident.
Kinds of Uber Accidents
There are two broad categories of an accident with Uber: the first being that the Uber driver was not at fault for the accident, and the second being that the Uber driver was at fault for the accident.
In those cases in which the Uber driver was not at fault for the accident but you were inside their vehicle at the time of the crash, you can bring a claim against the operator of the other vehicle who was at fault. States require all vehicle operators to maintain a certain level of insurance in the event of accidents like this. Uber is required to have specific insurance coverage in certain states to protect the rights of passengers who are injured in accidents caused by other drivers.
In the event that the Uber driver caused the accident, you can start a legal claim against the driver. However, if the Uber driver only keeps their private car insurance policy, you may not be able to recover the full amount of your damages. Personal auto insurance policies are not applicable when a driver is involved in a business/commercial purpose, which is when the requirement of carrying certain insurance for personal injury, death, and property damage held at the state level does apply.
The rideshare company's insurance is usually the initial insurance policy for those cases involving an Uber driver who is responsible for the accident, and this coverage begins from the second that the Uber driver takes the passenger’s ride on the app until the driver is done with the transaction or that ride is finished, whichever of these is later.
Damages in Uber Car Accidents
When you are looking for whether or not you can sue Uber for a car accident, it's important to understand the potential damages that could apply. The specifics of your case, the injuries that you have sustained, and the projection for your medical costs in the future can all influence the damages you can recover in an Uber accident. Possible damage compensation can apply for wrongful death, punitive damages, loss of future income, loss of past income, current and future hospital medical, rehab and disability payments, past and future physical impairment, mental anguish, and pain and suffering.
If you attempt to negotiate your claim directly with Uber's insurance company, this does not always mean you will be able to obtain the highest possible compensation amount. Only by communicating with an experienced and knowledgeable car accident attorney can you protect your rights to give yourself the best possible opportunity to recover in full. Anyone who has suffered in a serious Uber accident will have impacts from this incident likely for months or years to come.
It is important to get medical attention and to be prepared to build a compelling case against the responsible party whether or not it was the Uber driver at fault. This is because illustrating negligence is the best way to help you recover the compensation you need to pay your medical bills and other damages tied to the accident. Just because Uber has access to a large insurance policy to cover accidents like this does not always mean that you will get a fair share in a settlement. You need to be prepared by hiring an experienced personal injury attorney who has a track record of fighting for fair settlement amounts but also someone who is prepared to go to trial if and when it comes to that. It is never easy to find yourself in this position, but identifying a knowledgeable personal injury lawyer can greatly reduce the stress and give you more clarity on what to expect going forward.