Having the most experienced and knowledgeable uber accident lawyer Los Angeles by your side will give you a leg up in the process, so reaching out to Point Law Group, LLP is a great option. But first, learning if, when, and how to sue Uber for an accident will familiarize yourself with the process and could make the aftermath of the experience more manageable.
Getting into a car wreck can be a horrible event, resulting in injuries, medical and automotive expenses, and a confusing cluster of legal jargon to top it all off. But, what if Uber or another rideshare is at fault? Whether you were the passenger in an Uber, or you were involved in a crash with an Uber driver, you might be able to seek justice.
Can You Sue Uber?
You absolutely can sue Uber or other rideshares for an accident, but it’s important to know whether this is the best course of action, or if making a pre-litigation claim is more suitable. There are, of course, caveats to your ability to sue Uber, and it may come down to suing an Uber driver rather than the company as a whole.
If the accident occurred due to an Uber driver’s negligence, for example, Uber has insurance policies in place to cover themselves, as well as a level of expenses dedicated to medical costs, vehicle damage, or death. You’re well within your rights to sue the at-fault party if you’re injured, or to file an insurance claim, but this instance wouldn’t necessarily deem Uber responsible for the accident. However, Uber could be seen as liable if they were negligent in the hiring process, and this negligence inadvertently caused your injury. If you were injured as a passenger in a car driven by an Uber driver, you’re more likely to settle the claim with Uber than have a lawsuit on your hands, because their insurance policy could cover you up to $1 million.
When Should You Sue Uber?
With the statute of limitations at play, finding a great car accident lawyer quickly is imperative to avoid having the judge dismiss your case. According to California law, you have up to two years to sue for a car accident-related injury or wrongful death, and up to three years for property damage. Additionally, if your accident-related injury isn’t discovered until some time later, you have one year to file a lawsuit from the day your injury made itself known. This deadline is set from the day you know you may have a claim, which could be on the day of the accident, or after some legal counsel. In the event of a wrongful death, the deadline to file for a lawsuit is set from the date of death.
However, filing for a lawsuit against the guilty party is not the same as filing an insurance claim. Informing your insurance company of an accident, regardless of who is at fault, is always advisable and can save you from any roadblocks later on.
When Can You Claim Compensation?
Uber’s insurance policy is very particular in terms of when they will pay out, or when they will leave sole responsibility on the shoulders of their drivers. Because Uber drivers are considered “independent contractors”, and not full employees, there are specific instances where Uber’s policy won’t cover any expenses — no matter who was at fault.
- You can not make a claim through Uber’s policy if their driver was not working at the time of collision. Regardless of if they’ve just dropped off a passenger, or if they’re driving around but don’t have the “Driver” app on. If an accident occurs that’s the Uber driver’s fault, the driver’s insurance will have to cover it.
- Uber will only accept liability if an accident occurs while an Uber driver is working, which could include while they’re waiting for a new request, driving to pick up a passenger, or while they’re completing a rider’s trip.
- Uber’s insurance policy will cover up to $1 million while a driver is actively on their way to pick up a passenger, or completing a trip. They will cover significantly less if the Uber driver is not actively en route when an accident happens.
An accident that results in injury or property damage, and is deemed the Uber driver’s fault, is a just claim that you should receive payout for. This can include if you’re a passenger, motorist pedestrian, cyclist, motorcyclist, or if your owned residence becomes damaged.
How Can You Prove Uber is Liable?
Proving Uber’s liability is one of the trickier parts of this process, which is why having great legal representation can make things more manageable. There are a couple of key things that prove liability in any car accident case: negligence (or a breach of duty of care) and causation (that the accident is what caused your injuries).
Reckless or negligent driving is the number one cause of car-related accidents,and it can be easier to prove with the help of eyewitnesses, photographic evidence of the aftermath, and filing a police report to retain for your files. Causation can be easier to prove if you log and maintain photographs of the damage to your vehicle and if you see a medical specialist to keep track of your injuries throughout the healing process. Your attorney will be a fantastic resource throughout the course of the claims process, as well as the lawsuit if it comes to that.
Are you looking to sue Uber (or another rideshare company) for legal compensation, following an accident? The best Uber accident lawyer can be found at Point Law Group, LLP. With years of experience in litigating car accident cases, PLG LLP provides a tailored service to each client, giving fair and equal representation the entire way. Call us at (310) 560-0606 or click here 24 hours a day, and seven days a week for a free consultation.