Uber Accident Lawsuit

Uber, Lyft, and other rideshare apps have revolutionized transportation, but if you've been in an accident as an Uber passenger, it can be a nightmare to get your medical bills paid and recover compensation for your pain and suffering.

Uber accident lawsuits can be more challenging than most car crash claims, mainly due to the complicated insurance policy and insurance coverage involved as an Uber passenger.

Raphaelson & Levine is here to help make sure you aren't left behind by corporate insurance companies who only care about their bottom line. Our car accident law firm is ready to fight for you. We will work tirelessly with you until we get justice for your injuries and take care of all the hassle that comes along with getting medical treatment after an Uber accident. You can count on us to be there when you need us most!

If you or a loved one have sustained injuries in a rideshare car accident, call (212) 268-3222 or complete our online contact form today to schedule a free case evaluation.

Can You Sue Uber For a Car Accident?

Drivers, passengers, and victims of careless Uber drivers can sue Uber for a car accident. Whether Uber is liable depends on whether a driver logged into the app at the time of the accident. If they were not using the app at the time of the accident, you could only pursue the driver’s insurance.

Rideshare accidents take the following forms:

  • Collisions between an Uber driver and another vehicle while driving
  • Collisions between an Uber driver and another car while waiting for a passenger
  • Passengers injured while using Uber
  • Uber drivers colliding with bicycles or pedestrians

Uber’s insurance activates if the driver was waiting for a passenger or transporting one. However, there is a slight difference if the driver is waiting for a passenger. In those cases, you first pursue their personal auto insurance and once exhausted, Uber insurance kicks in. But if the driver was waiting and their auto insurance does not cover rideshare, you pursue Uber.

Once we establish Uber is responsible, we assess driver fault. Like other drivers, Uber drivers must exercise a standard of care. That includes driving carefully, obeying traffic laws, and keeping vehicles in a safe condition. If we can establish that the Uber driver behaved carelessly in any of these areas, we can show liability and pursue damages.

Besides the driver, we can also hold the company responsible. Uber must ensure that drivers offer the skills and training to drive safely. All rideshare companies perform background checks and driving record reviews, but there are cases where that is not enough.

A driver can pass these checks but still receive passenger complaints on their driving abilities. Uber ignores these complaints at its peril. Uber and Lyft deny liability for driver misconduct because drivers are independent contractors. But, it is possible to hold them responsible.

What Are The Requirements for Suing Uber?

Before we sue Uber or pursue their insurance, we must take the following steps:

  • Exhaust other insurance first: If the driver logged into the app but did not have a passenger, we must pursue their auto insurance first. When your damages exceed their limits, or if the personal insurance denies the claim, Uber covers bodily injury up to $50,000.
  • Establish an Uber driver was at fault: If you are a passenger, pedestrian, bicyclist, or other driver involved in an Uber driver accident, we must ensure that the Uber driver caused the accident. This element may be disputed once we report the claim, so we investigate and see if we can build a liability case. Uber and the other parties will argue you were at fault, so we collect evidence to counter that.
  • Report the accident to Uber: Uber cannot get its commercial carrier involved unless we notify them. The easiest way to do this is through their online form; however, we recommend taking this step after receiving legal advice from an Uber accident lawyer and establishing an attorney-client relationship.

There are differences if you are an Uber driver or a passenger. Uber drivers also benefit from Uber’s commercial insurance policy, but only if you logged into the app at the time. If you were waiting for an Uber passenger, you must use your insurance first, and Uber activates to cover any damages it does not cover. For example, if an uninsured crashed into you, Uber insurance pays your damages if you do not carry uninsured/underinsured motorist insurance coverage in your policy.

If you are a passenger, Uber covers you under their $1 million liability insurance. But Uber and Lyft claim they are not responsible for rideshare driver misconduct, so you may have to expect a fight. You must pursue damages against the driver’s private auto insurance first before pursuing Uber’s policy.

How Much is the Average Uber Accident Settlement?

We cannot guarantee a settlement amount since accident cases vary significantly. But we can explain how we come to a settlement and how we pursue it on your behalf.

Your settlement amount depends on your damages. Those include:

  • Medical treatment
  • Property damage
  • Lost wages
  • Diminished earning capacity (in personal injury cases with serious injuries)
  • Pain and suffering
  • Mental anguish (especially if you file a wrongful death action on behalf of a deceased loved one)
  • Punitive damages, if a rideshare driver’s conduct or negligence was especially egregious

Generally, more severe injuries result in larger settlements. For example, there are Uber accident claims that settled between $500,000 and $1 million. In those cases, accident victims suffered disability or severe mental trauma from an accident. These accidents caused injuries like severe fractures, brain injury, nerve damage, or wrongful death.

However, even if you suffered soft tissue injuries, like whiplash or strains and sprains, you still face life disruption that affects your work, finances, and life enjoyment. These may not be multi-million dollar settlements, but they still matter. Therefore, we still do our best to secure the highest payment possible so you can move forward easier, recover lost wages, and pay off your medical bills. The purpose is to make you whole, and if you suffered losses, you deserve compensation.

How Our Nearby Accident Attorneys Can Help

Raphaelson & Levine personal injury attorneys offer vast experience handling these Uber accident cases and maximizing settlement amounts. We help accident victims by:

  • Investigating accidents by reviewing reports, medical records, witness statements, and driving records
  • Contacting and negotiating with insurance companies
  • Find witnesses when Uber disputes liability
  • Hire experts including medical, accident reconstruction, and technical experts who can better explain liability and the extent of your injuries
  • Commence settlement negotiations in a thorough and persuasive manner
  • Litigate your insurance claim if settlement negotiations do not work

Handing car accidents is often stressful and time-consuming, especially when a large commercial entity like Uber is involved. Your focus needs to be on recovering from your injuries. Sometimes, that alone is a full-time job as you attend doctor appointments and receive needed therapies. That makes it challenging to stay in contact with insurance companies, provide your medical records, and respond to settlement offers. Many of these steps also have strict deadlines that can sink your accident case if you miss them.

Also, insurance companies are more likely to lowball your settlement or try to settle your personal injury claim before you make a full recovery. You avoid that risk by hiring a personal injury lawyer. Since we do not charge legal fees unless we recover, there is little risk to you and everything to gain.

Contact the Uber Car Accident Attorneys at Raphaelson & Levine Law Firm

Navigating the insurance quagmire with Uber or Lyft accidents is never fun and often complicated. At Raphaelson & Levine Law Firm, an Uber accident attorney can offer guidance and solid legal representation when your car crash involved an Uber driver.

Call us today at (212) 268-3222 or fill out your online contact form to schedule a free consultation and case evaluation.

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