No matter how reliable, easy and cost-effective Uber rideshare service is, it is not without any danger. Since 2011 Uber ride has seen a rise in popularity, but it has also increased traffic fatalities up to 3%. When we translate that into real numbers that means around 1,100 additional deaths per year.
The increased volume in traffic, especially in Northern and Southern California, lead to the increase in the number of motor-vehicle accidents where an Uber ridesharing vehicle was involved. And with the number of Uber accident fatalities comes an even bigger number of those who sustained injuries while they were a passenger in Uber ride at the time of their accident.
This is why it is really important for all who use Uber rideshare services to know they can pursue their rights to compensation for the injuries sustained in the Uber accidents, no matter who the liable party is.
Take a look at how to handle these two Uber ride accidents and ensure your rights to compensation are guaranteed:
If Your Uber Driver Caused the Accident
If your accident was caused by your Uber driver, then it is possible to file a lawsuit against them. But here’s the problem- most divers only have a personal auto insurance policy that does not apply when the driver is carrying passengers for a fee.
This was one of the major problems with rideshare companies when they first started. Injured passengers had no way to receive compensation from either the driver or the Uber company, simply because the company did not carry adequate insurance for their drivers.
The compromising solution came in the form of California Vehicle Code Section 5430 that stated that all rideshare companies must carry $1 million in insurance for property injury, personal injury, or death caused by their drivers.
This law also made it that this insurance is the driver’s primary insurance policy, so in most cases, injured passengers could file a lawsuit and be compensated for the harm caused without having to sue the driver.
The bonus is that this insurance coverage becomes active from the moment the Uber driver accepts the ride on the Uber app and lasts until the transaction and ride are completed.
If Your Uber Driver Did Not Cause The Accident
Usually, in these types of car accidents, you would pursue a lawsuit against the other driver, the one who was in fact responsible for the ride. But therein lies another problem. In California, most people drive without insurance, even though it is required by the law.
Those that do carry an auto insurance policy usually have a pretty low coverage for causing either injury or death to another. It goes as low as $15,000 and in the end, you may not be able to collect from the driver and get fair and full compensation for your injuries.
The California Vehicle Code Section 5430 has a solution for this kind of Uber accident. The Vehicle Code requires that all rideshare companies, like Uber, carry $1million in uninsured and underinsured insurance for those injured Uber passengers when they were injured by another driver.
This means that, even though the Uber driver bears no responsibility for your accident, you can still sue Uber and get compensated for your injuries. This insurance coverage starts from the moment you enter the Uber vehicle and lasts until you exit the Uber vehicle.
Damages You Can Recover in an Uber Car Accident
With the help of an experienced car accident attorney who specializes in Uber car accident cases, you can recover compensation for:
- All medical, rehabilitation, and hospital expenses (both past and future)
- Compensation for physical pain and suffering, emotional trauma, and mental anguish
- Losses for lost wages, income, or salary
- Loss of future wages due to a long term disability caused by the accident
- Property damage
- Outrageous wrongful conduct ( punitive damages)
- Wrongful death (filed by the family of the person who died in the accident)
Why It’s Better To Hire An Uber Accident Lawyer?
Looking from the legal aspect, rideshare companies have opted to keep their policies swimming in the grey area of the law. From the start many questions were left unanswered, the drivers and the passengers were without any protection from companies like Uber and the company itself wanted to bear the minimum amount of responsibility as possible in case of a Uber car accident.
The California Vehicle Code Section 5430 was lobbied and pushed to the front by some of the best car accident attorneys, who recognized the problem of rideshare companies’ regulations regarding insurance coverage in case of an accident. But even though Uber now carries $1 million in insurance coverage (regardless of the liability), it doesn’t mean that you will receive fair compensation for your injuries.
It has nothing to do with Uber rideshare and everything to do with insurance companies whose goal is to give you the minimum possible payout or deny your claim completely.
When you hire an experienced Uber accident lawyer things to change. Your attorney will gather all evidence and documentation surrounding your claim and file a lawsuit on your behalf. More importantly, they will negotiate with the insurance companies with more ease and success than you would if you decide to pursue your case on your own.
Your attorney will also tell you the truth about what your claim is really worth, and will work hard to get you the maximum possible compensation amount.