Uber is often a popular choice for customers who want to save on taxi fares. Uber hires private drivers who are independent contractors to give transportation to Uber customers. It is a very affordable way to get where you need to go. But Uber drivers are not given additional safety training to drive passengers or operate a commercial vehicle. That is why Uber drivers are involved in more auto accidents.
If you were hurt by an Uber driver, you must wonder if you can sue Uber for damages. The answer is: It depends. Whether or not you can file an auto accident injury lawsuit against Uber depends on the accident facts and the laws where the crash happened. Other vital factors are whether you were a bystander, a passenger, and whether the accident was caused by the Uber driver.
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Do You Sue the Driver or Uber After Your Accident?
Uber drivers are considered independent contractors, so it is challenging to sue Uber directly if one of their drivers caused your injuries. In these cases, you need to file a suit against the driver to recover compensation for your injuries. But Uber drivers also are covered by Uber’s $1 million liability policy for accidents.
Sometimes Uber drivers get in crashes where the driver is at fault. But the other driver may lack enough coverage to cover your serious injuries. Uber has $1 million of uninsured and under-insured motorist coverage for these accidents. But you should obtain legal counsel to file the proper paperwork with the insurance company when attempting to collect damages for your injuries.
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Getting compensation for your injuries as a pedestrian because of the negligence of an Uber driver is complex. If the Uber driver was on the clock and had a passenger, you can file your claim against Uber’s $1 million policy. If the Uber driver was off the clock, you may have to file a claim against the driver’s personal insurance policy. But this can vary by state law.
For example, in California, the law states that insurance policies for Uber are in effect even if there was no passenger in the car when the crash happened. As long as the driver was on the Uber app and waiting for a passenger, they are covered under the Uber $1 million policy.
Should You Sue?
It is challenging to sue Uber directly unless you can prove that Uber was negligent. For instance, you could be successful in suing Uber if they were negligent in hiring a certain driver. In other accidents, you might need to sue the driver and attempt to file a claim on Uber’s insurance policy to obtain proper compensation. For serious injuries requiring months of rehabilitation, the driver’s personal policy may be insufficient. You could need to file a claim against the Uber $1 million policy.
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