Uber Technologies, more commonly known as Uber, is a service tech company offering a variety of transportation and related services, including Uber ride-hailing services, Uber Eats and Postmates food delivery services, freight transportation services, and courier services. In partnerships with Lime and local businesses, Uber is also involved with ferry transportation and rentals of motorized scooters and electric bicycles.
This means that vehicles of all types you share the road with may be operated by Uber drivers. As a mobility-as-service provider, however, Uber takes steps to limit its liability, so if you’re in a collision with an Uber vehicle or are injured by an Uber driver, you may face barriers in getting the financial recovery you may deserve.
How Can You Sue Uber for an Accident?
If an Uber driver was behind the wheel in an accident that caused your injury and if the driver or Uber the company was negligent in some way, you may have a claim. You may have a claim for many different types of injuries you have suffered, including:
- Fractures and broken bones
- Head injuries
- Spinal cord and back injuries
- Burn injuries
- Catastrophic injuries
For any of these injuries, if you have suffered them due to negligence, you may be able to seek financial recovery for your injuries. If you are the family member of someone who has passed on due to injuries sustained by an Uber driver, you may have a wrongful death claim and may be able to seek recovery to help with memorial costs, final medical bills, and other losses.
You may have an injury if you have been injured by an Uber driver in any type of motor vehicle accident. For example, an Uber driver may cause your injuries by causing:
- A car accident
- A bicycle accident
- A motorcycle accident
- A pedestrian accident
- An 18-wheeler accident
- A commercial truck accident
- A bus accident
Whether your collision was caused when you were a passenger in a vehicle driven by an Uber driver or you were injured when an Uber driver crashed into your vehicle or caused a collision in which you were injured, you may have a claim if Uber or an Uber driver were at fault. If you are not sure whether you have a claim, you may wish to consult with an Uber accident injury attorney.
Can You Sue Uber If They Get in an Accident and What Challenges Can Happen?
If you have been injured in any car or motor vehicle accident involving an Uber driver, you may be able to sue if your injuries were caused by someone’s negligence or wrongful act. However, there is no guarantee of financial recovery. Uber and their insurers will immediately act to limit their liability, and several challenges can occur with such claims:
- Uber does not own vehicles. While there are over 3.8 million drivers driving for Uber, Uber does not own its vehicles. Rather, it gets booking commissions and says it acts as an intermediary between its drivers and their customers. In the event of an accident, this allows Uber to allege they are not responsible for the vehicles or the accident.
- Uber does not hire its drivers. Uber characterizes it drivers as contractors and not company employees, so even if you’re injured by a driver in a car marked with the Uber logo, Uber may allege they are not responsible for their driver’s actions.
- Uber’s insurance policy is complex. Uber does offer insurance for every driver, including $1,000,000 third-party liability coverage. However, this policy is complicated. If a driver is not accepting fares at the time of a collision, then only the driver’s policy — not Uber’s policy — applies. If an Uber driver is on the clock but is not currently driving a fare, then only Uber’s contingency insurance policy applies, and this coverage has lower limits, up to $100,000 per accident for liability. It is only when an Uber driver is transporting a paying customer that the full policy is in effect.
In addition to these complications, the typical challenges which can occur with any motor vehicle injury claim can apply. After a car collision, Uber and its insurance provider may try to offer less compensation than you need, may deny liability, may allege you caused the accident and may take additional steps to avoid the cost of the accident.
I Want to Sue Uber: What’s The Process?
Deciding to sue Uber for an accident starts with determining whether you have a claim and deciding whether a legal claim is what you want to do. One way to establish this is to speak with an experienced personal injury attorney who has experience with pursuing claims against Uber or larger companies such as Amazon and other corporations. If you decide to pursue a claim, your attorney can take care of many of the steps of suing Uber, which can include:
- Filing the claim against Uber, the driver, or any liable parties so they are aware of the lawsuit
- Negotiating and responding to Uber’s response
- The discovery process, during which all parties secure and share evidence in the case
- Reviewing offers made by the other parties and negotiating any settlement offers
- Taking the case to trial if no settlement agreement is reached
- Navigating the appeals process, if any party appeals after a court reaches a decision about the case
Every claims process is different, and the length of time the process can take varies, too. In some cases, a settlement is reached early while in other claims there is considerable negotiation back and forth and even a trial, which can take longer than a year.
Do I Need a Lawyer to Sue Uber?
As with any case, there is no legal requirement to work with a personal injury attorney to sue Uber. However, your chances of securing financial recovery may not be high if you don’t work with an experienced attorney. Uber has attorneys and insurance professionals by their side to aid with negotiations and a trial, and these professionals work for the best interests of Uber, to save them money.
A motor vehicle accident injury attorney works for you, seeking financial recovery for you. He or she can handle the details of the case, negotiate with Uber and their representatives, review any settlement offers, accurately determine how much your claim may be worth, and guide you through the claims process. An experienced attorney knows what strategies Uber may use to offer less compensation and will work to counter them.
Can I Sue Uber and What Kind of Recovery Might Be Available?
If you have a claim against Uber, the amount of financial recovery you may qualify for will depend on several factors, including the details of your accident and the injuries you have sustained. In general, the more severe your injuries and the more they impact your life, the more financial recovery you may be able to seek. You can seek compensation for:
- Lost wages
- Medical costs, including hospital stays and medication
- Expected future medical costs and lost wages
- Property damage and loss
- Pain and suffering
No matter what has happened, you may wish to speak to a personal injury attorney before speaking to Uber or its insurance professionals. Once you sign paperwork from Uber or accept any offer, you may no longer be able to pursue a claim for additional financial recovery, even if the compensation is not enough to cover your costs. An attorney can help you evaluate and understand any offers, so you can decide whether pursuing a lawsuit makes sense.
I Want to Sue Uber: Why Should I Choose Johnson Garcia?
If you want to sue Uber for an accident or have been injured by an Uber driver, the team at Johnson Garcia Law has over 30 years of trial and negotiation experience. We have successfully recovered over $100,000,000 for our clients. Our goal is to help those who need it, and we never represent insurance companies so our full focus is on those who have been injured. To find out more or to determine whether you have a claim, schedule a consultation with our team today.