Rideshare companies like Uber and Lyft have become very popular. These companies match passengers with rides that usually cost less than standard taxi fares. However, the increasing number of rideshare vehicles on the road increases the chance of a collision. If you were hurt in an accident with an Uber driver, you could be entitled to damages with multiple avenues for compensation. Let a Wilmington car accident attorney at Rhine Law Firm, P.C. advise you on your options following a rideshare accident.
Can you sue an Uber driver if you are a passenger who is injured?
You can file a lawsuit against any negligent motorist that causes an accident—including Uber drivers. This is true even when you are the passenger riding in an Uber at the time of the crash. Of course, your Uber driver may not be at fault. In that situation, you have the right to pursue legal action against the other driver who caused the collision.
In addition, you also have access to insurance coverage provided by Uber.These benefits can pay for your bodily injuries and property damage. In addition, it is available to passengers injured in an accident, no matter who was at fault.
Can you sue an Uber driver who causes an accident when you are not the passenger?
You have the right to file a lawsuit against an Uber driver if they cause an accident. Their liability insurance policy could cover you if they were at fault. However, an insurance policy from Uber could also cover your damages. Whether or not Uber insurance covers you will depend on the circumstances. The policy applies to Uber drivers in three different phases.
- Not using the app. If an Uber driver is not using the app or carrying a passenger, they are not covered by Uber’s insurance.
- Using the app. Drivers actively seeking a rider on the app but have not yet been connected to one have limited insurance coverage through Uber.
- Carrying passengers. The highest level of insurance coverage from Uber is available as soon as a driver accepts a ride. This level of coverage is in place until the rider arrives at their destination.
Can you sue Uber directly?
You always have the right to sue a negligent driver after an accident. However, it is unlikely that you will have a viable lawsuit directly against Uber because it considers its drivers to be independent contractors, not employees. It is an important distinction, as employers are often responsible for the negligence of their employees. This is not true for independent contractors. However, that issue is best left to our team of Wilmington personal injury attorneys. In some cases, it could be possible to have a negligence claim directly against the rideshare company.
How do you prove whether an Uber driver was available for rides at the time of the accident?
It is your attorney’s job to establish the facts of your accident. In this instance, your attorney could pursue a subpoena of Uber’s records to determine if the mobile app was in use at the time of the crash. It could also be possible that the other driver admits they were available or rides at the time of the collision.
Contact us for a free consultation
If you were hurt by a negligent Uber driver, you deserve justice. You have the right to pursue a personal injury lawsuit, and our team of attorneys is here to help. Reach out to Rhine Law Firm, P. C. for a free consultation; there is no obligation to hire us afterward. And since we work on a contingency fee basis, you will not pay attorney’s fees unless we win compensation for your injuries. We look forward to hearing from you.