If you meet all four elements of negligence, you are likely to recover compensation through your lawsuit. A person’s status as an Uber driver does not protect them from a personal injury lawsuit. The at-fault party is just as liable for their own negligence as they would be if they were not a rideshare driver.
Lawsuits Against Uber
The right to sue Uber directly following an accident with one of its drivers is a different story. To succeed with your lawsuit, you must file against the negligent party that caused the accident. As the rideshare company, Uber is not directly responsible for any negligent acts committed by its drivers.
Some employers can be responsible for the negligence of their employees when they injure someone while working. However, state law does not recognize Uber drivers as employees of the company. Instead, the drivers are independent contractors. An employer is not typically responsible for the negligence of their independent contractors.
For a free legal consultation, call 877-239-4878
Pursuing an Insurance Claim on Uber’s Policy
Despite your right to sue an Uber driver, your best chance at recovering compensation might rest with filing a claim against Uber’s insurance policy. You may not have the right to sue the company itself. However, state law does require Uber to provide its drivers with liability insurance under certain circumstances. These policies even carry as much as $1 million in policy limits.
Of course, Uber insurance is not available to every person who has ever worked as a driver for the company. Instead, there are three tiers of coverage provided by Uber, depending on the driver’s status.
A driver is “offline” if they are not actively seeking rides on Uber at the time of the accident. This means they are not transporting passengers or even seeking potential riders using the app. Generally, a driver is offline if the mobile app is not in use.
Uber does not provide any coverage for offline drivers. That limits a person injured by an offline Uber driver to:
- Filing a lawsuit against the negligent driver
- Pursuing a claim against their personal insurance company
The second tier of insurance coverage is for Uber drivers actively seeking passengers but do not currently have one in their vehicle. When a driver uses the app to seek passengers, Uber considers them to be on the clock. This is true whether they are:
- On their way to pick up a rider
- Looking for potential passengers in their area
The coverage provided by Uber for this tier is similar to the minimum level of insurance coverage mandated by most states. These policies provide $50,000 for personal injury coverage per person and $100,000 for personal injury coverage per accident. They also provide $25,000 for property damage per accident.
Drivers Carrying Passengers
The highest tier of insurance coverage is reserved for Uber drivers with passengers in their vehicles. The rideshare company provides a policy with limits of up to $1 million in coverage. This coverage includes bodily injuries and property damage, and it covers accidents where uninsured drivers were at fault.
You do Not Have Unlimited Time to Take Action
You will have a time limit to file a lawsuit against the at-fault driver. Filing the insurance claim will have to occur under the company’s rules. Involving the courts, however, depends on what state the accident occurred in. Your lawyer will inform you of what the timeline is in your case.
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Contact an Attorney About Your Uber Accident
If you were involved in an accident caused by an Uber driver, you have the right to sue them. This is true if you were a passenger using the app or another motorist injured due to their negligence.
Before you file a lawsuit against the Uber driver that injured you, let the team at Loncar Lyon Jenkins evaluate your case and advise you on your rights. You could file an insurance claim directly with the rideshare company itself. To learn more, call (877) 239-4878 for a free consultation as soon as possible.