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August 27, 2022

Who Can Sue for Uber Car Accident Injuries?

by Evan Breaux | Auto Accidents | 0 comments

In this article, we cover:

  • Whether you can sue Uber for a car accident.
  • How to sue Uber for an accident
  • Elements to take into consideration
  • Compensation
  • Why you should call Breaux Law Firm first

Can You Sue Uber for Accident?

Everybody wants to know—can you sue Uber for an accident? The answer is yes! Whether you were a passenger in an Uber while it collided with another automobile, or you were driving your car when you were struck by an Uber driver, you can file a claim with Uber’s auto insurance policy. And in the event that the claim is not resolved to meet your needs, you can sue. But filing a claim with Uber can quickly become complicated, so one of the most important things you’ll need is the assistance and expertise of a personal injury attorney.

If you were injured in a car accident in New Orleans or South Louisiana while riding as a passenger in an Uber, you’ll want to work with personal injury attorneys who know the ins and outs of the state’s legal system—like the experienced team at Breaux Law Firm.

After you’ve been in an accident with a vehicle that has an Uber or Lyft decal or sign in the vehicle, make a mental note that you should talk to a personal injury attorney. This could get messy!

How to Sue Uber for an Accident?

Our first cautionary rule of thumb? Don’t do it alone!

The first factor that needs to be determined is whether or not the Uber driver was working at the time of the accident.

In general, the vehicle used by the driver of a rideshare company like Uber is covered by the individual’s own personal insurance policy. When the vehicle is being used for conducting business as an Uber rideshare, however, personal coverage will not apply, and the company’s insurance coverage policy will take over.

Elements to Take into Consideration in an Uber Car Accident

As personal injury attorneys helping a client who was injured in an Uber car accident, one of the first things we need to determine is:

  • Who was in the rideshare driver’s vehicle?
  • Was the rideshare application turned on or off?
  • Was the rideshare driver waiting for a passenger, picking up a passenger, or driving with a passenger in the vehicle?
  • Was the Uber driver at fault for the accident?
  • Did the Uber driver disobey traffic laws?
  • Were your injuries due to the Uber driver disobeying traffic law or their negligence?

Each of these elements will determine the amount of coverage a victim can expect to be reimbursed for.

For example, if an Uber driver has not yet turned on their rideshare application and is not driving to pick up or drop off a passenger, the car accident will be treated as a regular accident and insurance coverage will be dependent on the driver’s own insurance coverage, with nothing to do with the company. If you are struck by an Uber driver but their application is turned off and they are not “on the clock,” you will not interact with Uber when you file your claim with the driver’s auto insurance company.

If the Uber driver is indeed working while the accident occurs, here are the numbers:

  • If the Uber application is on and the driver is waiting for a passenger but has not yet been sent a request for a ride, there is a liability of $50,000 per person, with a total of $100,000 per accident.
  • If the Uber driver has been sent a request for pickup and then gets into an accident, liability coverage in between $100,000 and $1,000,000 is applicable (be aware that this number has been recently litigated and is subject to change).
  • If the driver has an Uber passenger in the vehicle, has accepted a rider, or is picking up the rider, the $1,000,000 commercial coverage from Uber is applicable.

Because of these complications, you need to keep in mind that an Uber driver may not be honest about whether they had the ride-share app on at the time of the accident—as that determines whether or not their own insurance, or the company’s insurance, will provide liability coverage.

In the immediate aftermath of the accident, the driver may be scared about how this will affect his or her livelihood. However, a personal injury attorney will be able to obtain electronic records to determine whether or not the driver had the app on or the ride was active at the time of the accident.

You Should Remember

Remember, too, that the insurance company for Uber will do everything possible to deny responsibility. This is especially true if you are driving your vehicle when you are struck by an Uber driver. Uber’s insurance company will send out a specific Uber insurance adjuster to review the damage to the vehicles, evaluate the case, and either deny fault, refute the severity, or offer you a minimal settlement to close the case. However, please don’t fall for these tactics! By accepting a small amount of money, you are likely signing away your right to pursue further reimbursement of related damages. This means that if your injuries turn out to be much more severe, but you accepted a meager few thousand from Uber’s insurance company, you can no longer sue for additional damages!

Unfortunately, a common argument that Uber and other rideshare companies often use is that their drivers are independent contractors and, therefore, the company owes nothing to an injured passenger or a person injured in their own car when hit by an Uber driver. For that reason, Uber is rarely directly sued; their insurance company is the party named in a lawsuit.

Our advice? Call us, go slowly and take your time when having your injuries evaluated by physicians. By moving too fast, accepting an initial offer, or going alone, you may be doing yourself a disservice.

What Damages can be Recovered in an Uber Car Accident?

You are legally entitled to compensation for damages. That occurred as an Uber car accident passenger or in your own vehicle that was hit by an Uber driver. Many people don’t realize the extent of these damages. Which is another reason why you need to work with a personal injury attorney. Damages include:

  • Past and future physical pain and suffering.
  • Physical impairment.
  • Past and future medical, hospital, rehabilitation, disability and other healthcare-related expenses.
  • Property damage.
  • Lost wages or diminished income.
  • Loss of future income due to any long-term disability and permanently diminished earning capacity.
  • Wrongful death when the lawsuit is brought by the family of the loved one who died.

What Next? Call Breaux Law Firm

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We are Here for You-Breaux Law Firm

Again, if you are asking yourself, “Can you Sue Uber for Accident?” our answer is, “Yes—but call us first.” The warm, caring, and experienced father-and-son attorneys at Breaux Law Firm can help you make a personal injury claim after an Uber car accident in Louisiana. We have experience as Uber or Lyft car accident lawyers in New Orleans and across Louisiana. After an accident, you should be able to focus on recovering and returning to your daily routine. We’ll work hard to make sure you receive the full amount of compensation you’re legally entitled to. Includes past and future pain and suffering, which is something many of our clients are not sure how to calculate. Our only goal is to help you win the amount of compensation you deserve. And also to help you fully recover from the accident. 

Our motto is that personal injury cases require personal attention—which means we’ll help you throughout the entire process. Call us at (504) 882-0546 or contact us online as soon as possible to discuss your case. And don’t worry about costs—your initial consultation is free, and you won’t pay anything until you win your lawsuit.