Uber and other rideshare companies are a modern transportation convenience we have all come to rely on. The services they offer are more user-friendly than traditional taxicab companies, which has increased their appeal to the masses. Unfortunately, Uber drivers get into accidents, too. Legal claims against the company can be complicated, as legislation regarding traditional for-hire cab services doesn’t always apply. There is a lot of grey area when it comes to ride shares.
Since Uber is a new type of service, specific laws are still being drafted to handle rideshare accidents.
Is There Insurance to Cover My Injuries?
Rideshare drivers are typically independent contractors—not employees—so any insurance for the company itself might not apply to you. If you are injured as the result of a rideshare driver’s negligence, you will look first to the driver’s car insurance. Some rideshare drivers do not have commercial coverage, though, and most personal car insurance policies do not provide coverage for commercial uses.
Even though rideshare drivers are typically not covered by the company for their individual negligence, it is still possible that the company’s insurance could bear some responsibility for your injuries. If, for example, the company should not have hired that particular driver or if the company instructed the driver to do something dangerous, then the company’s insurance would potentially become involved because the company itself could be negligent separate and apart from the driver’s negligence.
A key point here is to make sure you have full coverage car insurance for yourself including uninsured (UM) and underinsured (UIM) coverage. As long as you have this coverage, you should be protected from an uninsured or inadequately insured rideshare driver.
Rideshare injury and insurance claims are part of a new and ever-changing area of the law and it would be smart to consult with an experienced personal injury lawyer who is knowledgeable about how insurance coverage works and who knows how to make sure your rights are protected.
How to Handle an Uber Accident
When you have been involved in an accident in which an Uber driver may be at fault, start gathering your own evidence immediately if you are able.
First, call 911. Even if others have called, it’s better for the police to be aware of what’s happening from your perspective. Take pictures of the accident scene if possible, then get the Uber driver’s contact and insurance information as well as that of any drivers of other vehicles involved. If there are witnesses, gather their information, too.
When you are able, see a physician. Even if you feel fine, you must be sure there are no underlying issues that may arise later. After leaving the scene of the accident, contact an attorney who has experience in ridesharing accidents.
Let your attorney talk with the insurance companies to avoid their high-pressure tactics to force you to accept an inadequate settlement or getting you to say the “wrong thing” that can be used against you in potential legal proceedings.
Lastly, stay off social media until the matter is resolved. Insurance companies are known to use seemingly innocent posts from social media sites against victims who have filed claims against them.
Discuss Your Case with an Experienced Rideshare Attorney
Our Personal Injury attorneys understand the frustration you may be feeling over an Uber accident and knows how to handle aggressive insurance companies. We can help you retrieve fair compensation for injuries, medical treatment, pain and suffering, and lost wages resulting from a rideshare accident. Contact us today at (419) 843-6663 or use our online contact form. We want to help you get the settlement you deserve.
Jonathan Ashton, Partner and Personal Injury Attorney, began his law career at GT&B in 2007 as a law clerk. He was hired as an associate immediately after passing the Ohio Bar in 2008. Jonathan practices in Personal Injury, representing clients who have been injured and need justice and compensation for them to move forward in their lives.