How to Receive Victim’s Compensation From an UBER Accident
At any moment, a person can be involved in an automobile accident. An injured person might not have been a passenger in the Uber car at the time of the crush. Instead, the victim might have been rear-ended by the driver or been injured as a bicyclist, pedestrian, or motorcyclist. In this case, the injured victim can still sue the Uber driver and get compensation under the rideshare company’s insurance policy.
In California, the drivers with ridesharing companies are required to carry $50,000 per person and $100,000 per accident in liability insurance along with $30,000 in property damage. The rideshare company also carries $200,000 in extra coverage. The insurance is applicable as long as the driver is logged into the app and looking for a customer request. When the driver accepts a ride and is in route to pick the customer, the $1 million insurance kicks in.
In case Uber driver is not logged into the app at the time of the accident, then the same rule applies as to the regular driver on the road. The victim will make a claim with the driver’s insurance company if the driver was at fault for the accident. The insurance company must cover the crash since the driver was not logged into the Uber app at the moment of the crash and therefore was not using his vehicle for a business purpose.
Collecting Evidence of an UBER Accident
After the accident’s victim must immediately take the following steps to preserve the right to compensation:
- Seek medical treatment
- Call the police
- Take pictures of the motor vehicles involved in the accident
- Obtain the driver’s identity
- Receive insurance information from the driver
- Obtain the witnesses identity
The Rules in a Simplified Format:
- The driver is not logged into the Uber app: the driver is not covered by Uber’s insurance policy but is covered by its own policy.
- The driver is logged into the Uber app and is looking for customers: the driver is covered to the tune of $50,000 per person and $100,000 per accident in bodily injury liability. Uber also carries $200,000 in extra coverage.
- The driver has accepted a ride and is on his way to pick up the customer: Uber’s insurance $1 million policy applies.
- The driver has the passenger in the car: Uber’s insurance $1 million policy applies.
Victim’s Compensation of Damages Caused by the UBER Accident
A victim can be entitled to the damages for:
- Medical bills, including prescriptions, surgery, rehabilitation, doctor’s visits, equipment, and devices
- Lost wages in case the victim was not able to return to work while recovering
- Property damage, such as car damage
- Mental anguish
- Pain and suffering
Filing an Injury Lawsuit After the Accident
A lawsuit can be the victim’s best bet in case the insurance company refuses to approve the claim, fails to extend a fair settlement offer or in case the victim’s injuries are particularly severe.
A Lawsuit Against UBER Drivers:
Victim can file a personal injury lawsuit against a negligent Uber driver. In this case, the injured victim must prove that the Uber driver breached the obligation to keep him safe. The amount of recovery will be limited by what the driver can pay.
A Lawsuit Against Third Parties:
Accidents aren’t always caused by Uber drivers. Other drivers, motorcyclists, pedestrians, bicyclists, and even companies responsible for defective products can cause an accident on the road. In California, a victim can recover compensation from anyone who contributed to his injury.
A Lawsuit Against UBER:
Recovering compensation from Uber through a personal injury lawsuit can be problematic because the Company has fought to make sure that the drivers are independent contractors, rather than employees. As drivers aren’t Uber’s employees, it is more difficult to hold Uber personally liable for drivers’ negligence.
Make sure your rights are not violated! Don’t settle for pursuing a court case without guidance. Our Los Angeles UBER accident lawyers at KAASS LAW can provide you with any sort of legal assistance you require.