I was injured in an Uber accident. Who should my claim be against?
While more and more apps that make our lives seemingly more convenient continue to steadily launch each day, others can, unfortunately, go from comfort and convenience to painful and menacing in as abruptly as an instant. If you or a loved one have recently suffered an injury as an Uber passenger, you probably recognize the above statement as true more than anyone else.
However, did you know Uber has a $1 million insurance policy automatically covering passengers harmed during an Uber ride? Additionally, California has its own unique laws requiring ride-sharing companies or Transportation Network Companies (TNC) to provide adequate coverage in the event of a collision.
Perhaps you are unsure if your specific circumstances and the nature of the crash in which you were involved qualify under Uber’s policy or what to do to receive compensation. Numerous factors play a part in obtaining compensation for damages caused in Uber collision. Additionally, you may be wondering what losses you can seek compensation for related to your injury.
Here we will identify answers for all these pressing questions and offer additional tips to help you navigate this stressful time with as much ease as possible.
Factors and Scenarios
There are two main factors for any auto accident, which are liability and damages. In other words, whoever is found to be at fault for the accident and how badly the victim(s) were injured. Let’s explore two different scenarios…
Who was at fault?
If the Uber driver is deemed liable, you have two options.
Pursuing a suit against the Uber driver’s car insurance
You may choose to file a claim and bring a lawsuit against the driver’s policy. However, California has relatively moderate insurance minimum requirements for drivers; this translates as the injured party of an Uber accident finding a driver’s coverage and policy (after filing a claim) limited and insufficient in covering the damages they have suffered.
Suing Uber after an accident
A more prudent option may be suing Uber directly or rather submitting a claim under the company’s insurance policy. Uber carries third-party liability insurance coverage, which (as mentioned above) covers up to one million dollars of personal injuries and property damage per accident. You may still need to file a claim under the driver’s insurance initially. Still, the policy would be quickly depleted. The remainder of the damages incurred would fall under Uber’s responsibility and extensive coverage.
What if the Uber Driver is not found to be at fault for the collision?
Yes—as a victim of an Uber passenger accident, regardless of whoever is deemed to be at fault, you are still covered by Uber’s $1 million insurance policy. If another driver is liable for the accident, you may still file a claim against that driver first due.
However, Uber’s policy may still apply even if the Uber driver was not at fault or a victim. In this case, you or your attorney will place more significant effort in ascertaining the nature and scope of your injuries as well as other damages (as described above).
What about situations with multiple injured passengers in an Uber?
Suppose there are numerous injured parties in an Uber, and the Uber driver was also wounded (and not at fault). In that case, other Uber insurance coverage laws and codes may employ, and compensation would then be distributed to all injured parties, however not necessarily evenly.
There can easily be multiple unique scenarios for Transportation Network Companies (like Uber and Lyft), especially in California, which has very unique and distinctive laws compared to other states; that is why hiring an attorney if you’ve been injured can make all the difference.
For what may you receive compensation?
Not only may you be eligible for compensation for injuries you sustained in an Uber accident, but also financial or emotional damages.
What constitutes emotional distress damages? Emotional distress damages allow you to seek compensation for an injury’s psychological impact on daily life.
The list of presentations of emotional distress is long and diverse. It includes but is not limited to Insomnia or other sleep disturbances, anxiety, loss of ability to perform tasks, fear, and even post-traumatic stress—these all fall under the umbrella of emotional distress. It is wise to take diligent records of these experiences, including dates and times, to assist the judge in understanding the extent of your pain and suffering.
Additionally, if you cannot work due to your injury, you may receive compensation for lost income. However, another form of compensation may apply, known as “loss of earning capacity,” which occurs when your accident-related injuries impair your ability to make a living in the future.
As you can see, many applicable forms of pain, suffering, and damages may warrant compensation in a suit.
Deadline to file a claim
There are some crucial deadlines to keep in mind if you are injured and looking for compensation. In the state of California, there is a statute of limitations in an auto accident-related personal injury suit. As maintained by the California Code of Civil Procedure section 335.1, you have a time limit of two years for filing a lawsuit of this sort, starting from the date the injury arose and the day that the unfortunate wreck occurred.
A limitation of three years from the date of the incident for only property damage also exists under the authority of the California Code.
Therefore, if you were harmed or a loved one died because of an Uber accident, it is critical to start the process of filing a claim or lawsuit swiftly. Contacting an experienced attorney focusing in auto accidents and personal injury law may not only be wise but essential.
Our attorneys at Castillo & Associates take great pride in achieving results. We invite you to schedule a consultation, at no cost to you, by calling 1-800-497-9774.
Attorney Domingo Castillo handles workers’ compensation, personal injury, family law & immigration throughout Southern California from our 5 offices: Indio, Pomona, Riverside, San Diego & Cathedral City. We help clients file injury claims, obtain residency & citizenship, and we assist families through divorce, child custody and all family law matters.
