If a rideshare driver crashes into you, should you sue Uber? Getting involved in an accident is pretty traumatizing. When you have to deal with personal injury or property damage, it’s even worse. You put your safety in the hands of another, so you expect that they have the expertise and presence of mind to ensure that your safety is premium. When you feel like your safety wasn’t a priority to them, and that caused the accident, you might consider suing them.
Do you want to know if and how to sue Uber for an accident? Read on to find out.
Can You Sue Uber or a Driver After an Accident?
The short answer to this is yes; you can sue the company or an Uber driver or any ride-hailing service for a collision involving an Uber. You should understand, however, that there are some limitations regarding this.
Uber has the machinery to ensure that they are insulated from lawsuits when their drivers get into an accident. However, there are times when you can sue Uber for an accident.
These include when the company was negligent in hiring a driver. This is because you would expect that Uber did a check to ensure that their drivers are up to standard. However, you can sue the Uber driver or file a compensation claim for your injuries or the damage caused against Uber’s insurance company.
As this process is quite intricate and requires some expertise, you should speak to an experienced attorney who can walk you through it. A professional lawyer will advise when to file your claims and who you should file against to ensure that you get the appropriate compensation for your troubles.
When Should You Sue an Uber Driver?
There are several instances when you can file a lawsuit against Uber, Lyft, or any other ride-hailing or sharing service. These include when you are:
- A passenger riding in the Uber
- Pedestrian hit by an Uber vehicle
- Cyclist hit by an Uber vehicle.
- Own a location (residential or business premises) damaged by an Uber accident
- A motorist in another vehicle involved in the crash with an Uber vehicle
- Motorcyclist involved in a collision with an Uber vehicle
So, within what time can you sue Uber for a collision? According to Georgia Laws, you have up to two years (from the day of the crash) to bring your action.
How Can You Prove That Uber Is Responsible for Your Accident?
It can be quite tricky to prove Uber’s liability for an accident. If you are suing an Uber driver for a car crash, you need to confirm the following:
That the Driver Breached Their Duty of Care
Each driver owes passengers, other motorists, and everyone else on the road a duty of care. This is the same for drivers attached to ride-hailing services. When they breach this duty of care by driving recklessly or being negligent, you can sue Uber.
That the Driver’s Negligence Caused the Injuries or/and Damages
Causation is a crucial way to prove liability in a car crash. If the driver’s negligence caused you to get injured or your property to get damaged, then you have a case.
When Can You Claim Compensation From Uber?
You are entitled to receive a settlement in one of these instances:
When the Driver Is on the Clock
You can only claim compensation from Uber’s insurance policy when the driver is actively working for Uber. It does not matter if the person is your regular Uber driver. If they are not actively making trips on Uber, Uber cannot accept liability for your injury or any damage it might have caused. In this case, you can go on to sue the driver or claim compensations from their insurance provider.
When the Driver is Carrying an Uber Passenger
Uber’s insurance coverage covers the injuries or damages you or your property might have sustained during a collision if the driver is carrying a passenger. The latter means that the driver is actively representing Uber at that moment. Of course, you should have booked such a ride through Uber, not just a random ride the driver decided to take.
Suppose the driver is between rides, between dropping off one passenger and going to meet another. An experienced attorney will help you identify what to do in this situation to ensure that whoever is responsible adequately compensates you.
Contact a Lawyer Today!
If you are involved in an Uber accident and want to sue Uber, contact a personal injury lawyer at Calvin Smith Law. Our experienced attorneys will ensure that you get the compensation you deserve from Uber or its drivers. Schedule a free consultation with us today!