Uber can be held accountable for the actions of its drivers. If you have been injured in an accident involving an Uber, you may have the right to financial compensation.
Rideshare accident claims are often more complex since it is not always clear whether Uber or another party is responsible for covering the losses victims endure. A personal injury lawyer can help you get the answers and clarity you need to get through these difficult times.
Uber Driver Employment Status
Uber and other rideshare services can be held accountable for acts of their drivers, depending on the specific details of the case. Uber may be vicariously liable for the accident if the driver is considered an employee. This often occurs when employers are held accountable for their employee’s negligence.
However, since rideshare companies, like Uber, typically hire their drivers as independent contractors instead of employees, proving that Uber should be held accountable for their driver’s actions may be challenging.
When Does Uber’s Insurance Pay?
If you or a loved one was hurt in an auto accident with an Uber driver, you may have the right to file a claim through Uber‘s auto insurance provider. However, its insurance policies are only effective during specific times. According to Uber, these instances include:
- While the driver is waiting to pick up a passenger
- While the driver is on their way to pick up a passenger
- While the driver is actively transporting a passenger
If the accident occurred during one of these times, you may have the right to file a claim with Uber‘s auto insurer. However, if the accident occurred outside of these times, you will instead need to file a claim with the Uber driver‘s personal auto insurance company. As such, the driver will, or should, have their own auto insurance policy in place under Texas law.
What to Do if Uber Won’t Pay for Your Damages
It should come as no surprise if Uber and its insurance companies attempt to avoid liability. After all, if they pay out your claim, it will cost them money. However, that should not be your problem to deal with.
If Uber is refusing to settle your insurance claim as required, your attorney can step in and handle the negotiations process on your behalf. This move may show the insurance company how seriously you are taking your right to compensation.
If Uber is not required to compensate you, your next option may be to pursue claims with the Uber driver’s personal auto insurance provider or even your own. It depends on the circumstances of your case.
Filing Insurance Claims
According to the Texas Department of Insurance (TDI), Texas law requires all drivers to carry minimum amounts and types of auto insurance. Even when Uber’s auto insurance company will not cover your costs, the driver’s personal auto insurance policy should. Texas is a fault state for car accidents, so you will need to file a claim with the liable party’s insurer after your collision.
However, if you purchased personal injury protection (PIP) coverage as part of your own personal auto insurance policy, you may be able to file a claim with your insurer to recoup some of your costs.
It should be noted that when you file a claim with your own insurance company, you can expect your premium rates to increase when it is time for your policy to renew. For that reason, you may want to speak with your attorney before filing a claim with your auto insurer after an Uber accident.
Pursuing Civil Action After an Uber Accident
After you have exhausted all avenues of pursuing compensation through the insurance company, you may still not have recovered your damages. In this case, you may need to be prepared to bring your case to trial to recover total compensation for your suffering.
In bringing your case to civil court, you may have the opportunity to hold the negligent Uber driver or Uber accountable, depending on the specific details of your case. You can find out more about what to expect from your Uber car accident claims process when you contact your attorney.
Get Help From an Uber Accident Lawyer at Our Firm Serving Texas
Having Uber or any other party cover your damages after an accident can be difficult. However, when you have a Texas Uber accident lawyer at Loncar Lyon Jenkins advocating for your rights, you can rest easier knowing our team is doing everything possible to bring the liable party to justice.
Start working on your Uber accident claim as soon as today when you call our office at (800) 777-7777. One of our staff members will offer you a free consultation. We also won’t charge you up front for our assistance and only take a fee if we secure compensation for you.