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Uber Accidents: Proving Your Case

Uber changed the transportation game. No longer do you have to call a taxi company and wait on the driver to arrive, or stand outside while you flag down a driver. With Uber, hailing a ride has never been easier. However, that doesn’t mean all rides go smoothly. Just like all drivers, Uber drivers are susceptible to getting in accidents that can injure themselves, their passengers, and people in other cars.

If you were involved in a car accident involving Uber, you have the legal burden of proving your case if you want to recover compensation for your losses, like medical bills and lost wages. If you find yourself with a claim against Uber and its insurance carrier, it is recommended that you consult with an experienced Uber accident lawyer. Here is how this type of attorney can help you prove your case.

Confirm the Driver Was in the Course and Scope

Uber provides liability coverage for its drivers for bodily injury and property damage. Just because you see an Uber logo on the car does not mean their insurance kicks in. For coverage to apply, the driver must have been in the course and scope of his duties of driving for any one of Uber’s entities, including Uber, UberX, Uber POOL, or Uber Eats. Your attorney can take steps to make sure information such as Uber app and GPS data remains preserved, as it can be used to determine if the driver was on the clock or not. Also try to pay attention to Uber logos on the vehicle, whether passengers got out of the car and got their own rides, or food delivery coolers in the car. All of these could be evidence that the at-fault driver was working for Uber at the time of the wreck.

Confirm the Amount of Insurance Coverage Available

Once you confirm the Uber app was on, coverage will apply as long as the driver is determined to be at fault for the wreck. The amount of insurance coverage depends on the driver’s role at the specific time of the accident. If an Uber driver had accepted a ride or was transporting passengers, Uber may provide up to $1 million of insurance for damages related to the accident. If the app was on but no ride had been accepted, the amount of coverage will be less. Uber Eats also has similar coverage levels. Your lawyer should be able to examine the facts of your accident and determine how much coverage should apply to the case, which will help cover your medical bills and reimburse lost wages. Depending on the severity of the accident and damages, your lawyer may choose to consult with expert witnesses to provide either accident reconstruction or expert testimony. If the Uber policy is not able to cover all of your losses, you could file a claim with your uninsured/underinsured motorist carrier.

Examine All Theories of Recovery

While Uber carries liability insurance on its drivers, an experienced rideshare accident lawyer will still conduct a thorough investigation into all facts surrounding the crash. Uber is supposed to follow certain guidelines in terms of conducting background checks on prospective drivers and making sure their vehicles are fit to transport passengers. In a car accident case, a theory of direct liability against a company could include negligent hiring or supervision. Further, if a product defect contributed either to the accident or your injuries, you may have a valid product liability cause of action. Examples of product liability claims involve airbag defects and tire blowouts.

Car accidents involving Uber can be much more complex than the average automobile accident insurance claim. To recover all to which you are entitled under the law, you should consult with legal representation well-versed in ridesharing accident cases. To speak with an experienced Uber accident lawyer today, call NST Law at 800-529-4004 or complete our online form.

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