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Can I Sue Uber for a Car Accident?

Can I Sue Uber for a Car Accident?

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Can I Sue Uber for a Car Accident?

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.

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  • When Do I Need to File a Lawsuit?

    As with any other personal injury suit, states have laws known as the statute of limitations. This puts a maximum cap on when you can legally file a lawsuit based on the date of the accident or the discovery of your injuries. This is a state-specific issue so you'll want to do research in the state in which you are hurt in an accident. The statute of limitations is usually anywhere from 1 to 4 years, meaning that you should take legal action quickly by retaining a personal injury lawyer.

  • What if a Government Entity Was Involved?

    Another complicated factor that could influence your ability to recover compensation in an Uber accident case is if a government entity was involved. For example, perhaps you were in an Uber car that was struck by a public transit mobile or an accident that was caused due to improperly repaired roadways. These require filing a personal injury timeline in a much shorter fashion, usually no later than 6 months after the date of the accident. When there are multiple liable parties named in a lawsuit, it can make your situation much more complex, so you should be prepared to consult with a lawyer who has strong knowledge about the legal options available to you.

  • Should I Sign Anything Presented to Me by Uber?

    Uber or their insurance company may reach out and attempt to communicate after you have opened a lawsuit, but this does not mean that you have to respond directly. Do not ignore these requests for communication but simply forward them to your personal injury lawyer. 

    One of the most common pieces of information shared with you early on could be a waiver or a settlement offer. You need to have this reviewed by a knowledgeable personal injury lawyer to make sure that you understand all of its implications. Signing a settlement offer, for example, means that you waive off future rights to file a personal injury lawsuit, so it is an offer that should be evaluated carefully.

  • Do I Need a Lawyer?

    Especially if the driver carries the appropriate insurance to protect you in the event of an accident, you might be tempted to try to handle your personal injury case on your own. There's so many different things to think about in the wake of an accident that you might not realize how much work is ahead of you for your claim. More than one entity could be responsible for your injuries, and it is important to understand the full calculation of the medical conditions and injuries you have sustained. 

    Sharing this information with your personal injury lawyer will put you in the best possible position to recover full and fair compensation. No victim who was hurt in an Uber accident should try to handle their case on their own. Mistakes that you make early on in a case can turn out to be catastrophic down the road, so it is powerful to have the insight and experience of a knowledgeable lawyer at your side from the beginning.

  • Why Are These Cases More Complicated? 

    Some of the biggest reasons that Uber accidents can be so complicated have to do with the number of parties involved. First of all, there is an Uber driver who may or may not has contributed directly to the cause of the accident. Secondly, there can be another party like a pedestrian, another driver, or cyclist. Finally, there’s you and any other people in the car at the time of the accident. 

    Hiring an experienced personal injury lawyer might be the only way to gather all the evidence relevant to your accident so that it's presented to the courts in a compelling way. Since there are multiple entities who will all want to have their side of the story told accurately in court, it is very important that you have the support of an experienced lawyer who can guide you through this process. You need to act quickly to protect your rights. 

    Don’t hesitate to contact the experts at Morgan & Morgan for a free, no-obligation case evaluation to take your first steps toward justice. You don’t have to do this alone, and Morgan & Morgan can help give you the means to win the compensation that you deserve. 

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Last updated on May 31, 2023

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