Uber Accident Lawyer – Rideshare Attorney | Valiente Mott

Capturing 71% of the U.S. market, Uber is the largest ridesharing company in the industry. With millions of Uber trips happening every day in the U.S., drivers and passengers are not immune from car accidents. In 2017-2018, Uber reported 107 total fatalities in relation to Uber trips. If you find yourself in an Uber driver car accident, you’ll need to take steps to protect yourself and get the compensation you deserve. Navigating the complexities of the accident, insurance, and fault can be tricky. An Uber accident attorney can help you sort out the situation on your behalf.

What to Do If You’re Involved in an Uber Accident

Uber driver accidents can be unsettling for all those involved. Whether you are a passenger or a driver, here are some steps to take immediately after an accident.

  • Call 911

Check for injuries and notify emergency authorities. If it was a minor accident, it’s still a good idea to call 911, and they can decide whether police will be dispatched.

  • Gather Information

Collect information from all the parties involved. This means taking down the name, contact information, insurance policy, and license plate number of all the drivers. If possible, see if you can find out if the Uber driver was logged into the Uber system at the time of the accident.

  • Notify Uber

File an accident report with Uber. Uber will start an investigation into the accident after they receive the report. Their insurance company will also likely contact you shortly after.

  • Seek Medical Attention

It’s important you seek medical attention right away, even if you think your symptoms are minor. Medical reports can play a key role in the success of your claim. It establishes the link between the accident and the injuries you’ve sustained.

  • Contact an Uber Accident Attorney

Before you speak with any insurance companies, contact an Uber attorney. There are different layers of complexity when it comes to an Uber car crash. An experienced Uber accident attorney will help you avoid mistakes so you can get the best outcome possible.

Information Uber Accident Victims Need to Know

Uber accident victims can seek damages depending on the situation they’re in:

  • Uber passenger: If you’re a Uber passenger involved in an accident, you have the right to seek compensation for your damages. Uber has commercial insurance up to a limit of $1 million. Depending on the situation, you’ll be covered either by Uber or the at-fault driver’s insurance.
  • Another driver hit by an Uber driver: If you are a driver who was struck by an Uber driver, who’s at fault will be a crucial consideration. In this case, the not-at-fault driver must demonstrate negligence on the part of the at-fault driver.

How much compensation you get will depend on a variety of factors. One key factor is whether the Uber driver was logged into the Uber app during the accident. This will be discussed in further detail, but, in general, if the Uber driver was not logged in, less insurance may be available. 

Who Do I Sue If I Am Injured?

Who you sue after an Uber accident will again depend on factors such as who’s at fault, what stage the Uber driver was at during the crash, and more. Based on these factors, you can bring a suit against any of the following parties:

  • The Uber driver
  • The ridesharing company itself (i.e., Uber)
  • Another at fault driver
  • Car manufacturer (i.e., due to a mechanical defect)

It’s always recommended to consult with an Uber lawyer before you proceed with any legal action. The settlement process for rideshare accidents can be lengthy and involved without expert guidance from a lawyer. Leave the hard work to a trusted professional while you recover from your injuries.

Information Uber Drivers Need to Know

What happens when you get in an accident while driving for Uber? The first thing to understand is that in Nevada, Uber drivers are generally not considered employees. Instead, they are more akin to independent contractors. Therefore, they are not covered under Nevada workers’ compensation law. There is still some debate as to whether Uber drivers should be considered independent contractors or employees. But, for the most part, Uber drivers will need to file an insurance claim to receive compensation for damages as opposed to accessing workers’ compensation. Who should an Uber driver file the claim against in an accident? Depending on the situation, the driver needs to make a claim with the proper insurance company:

  • Personal auto insurance company: Uber drivers must rely on their personal auto insurance when they are offline in the app or online and waiting for a ride request. 
  • Uber: Uber offers third-party liability coverage when drivers are online. Also, when you are enroute to a pickup or transporting a passenger, you can make a claim with Uber’s commercial auto insurance for damages to your vehicle. However, there are certain caveats, which will be discussed later. 
  • Another driver: If the other driver was at fault in the accident, the Uber driver could make a claim against the at-fault driver’s insurance company.

Before you make any claims, consult with an Uber driver lawyer. The different terms, conditions, and policies can be difficult to grasp. A lawyer will advise you on the best strategy based on your circumstances. 

Challenges of Dealing with the Aftermath of an Uber Accident

Making claims and seeking compensation can be challenging due to the multiple insurance policies involved. And, as mentioned, the time of the accident also matters in determining your compensation. Uber coverage for their drivers and passengers will depend on what stage they are in during the accident.

Stage 1 – Uber Driver is Offline

If the Uber driver is not logged in to the ridesharing app at the time of the accident, Uber will not offer any coverage for the driver or passengers. This stage would be considered your personal time. Access to coverage would need to come out of your personal auto insurance plan.

Stage 2 – Uber Driver is Online and Waiting for a Ride Request

During this stage, the app is on, but the driver has not accepted an assignment. Uber offers contingent liability coverage for this stage. This means Uber will only cover for damages after your personal auto policy kicks in. The limits to the liability coverage are:

  • $50,000 for injury per person
  • $100,000 for injury per accident
  • $25,000 for property damage

Note that Uber offers only liability coverage at this point. This means they will cover any third party individuals involved in the accident, up to the mentioned limits. Uber will not cover any damages sustained by the Uber driver.

Stage 3 – Uber Driver is Online and Enroute for Pickup

Once the driver has accepted a ride request and is enroute for the pickup, Uber’s full liability coverage of $1 million will apply. In addition to the increase in liability coverage, two other key types of coverage will apply during this stage:

  • Uninsured/underinsured motorist: Covers damages or personal injuries to the Uber driver and passengers when they get hit by an uninsured or underinsured motorist.
  • Contingent collision and comprehensive: Covers damages to the Uber driver’s car up to their car’s cash value. However, there are two caveats. The first is that the Uber driver must have comprehensive and collision coverage on their personal auto insurance. The second is a $1,000 deductible that the driver must pay before coverage kicks in. 

Stage 4 – Uber Driver is Online and Transporting Passengers

The Uber driver has picked up the passenger and is driving them to their end destination. The same coverage from stage 3 applies to this stage. Stage 4 concludes when the trip has ended in the app. One key point: just because an Uber driver has their personal auto policy in place, it does not guarantee insurance companies will pay out the damages (especially in stages 1 & 2, where the Uber driver’s personal auto insurance is the primary coverage). Because personal car insurance is typically for personal purposes, the insurance company may deny coverage on the basis of the driver using their personal car for commercial purposes.

Uber Accident Lawyer: How They Can Help

Whether you’re a passenger, Uber driver or a third-party driver, an Uber car accident attorney in Las Vegas can help you gain clarity on the best path forward after an accident. Here are some key ways an experienced lawyer can help:

  • Maximize compensation: An accident can wreak significant havoc on both your car and your health. Damages can include your repair costs, medical expenses, home care costs, loss of wages, and emotional trauma. A lawyer gives you the best chance to maximize the compensation to cover your losses. 
  • Expert advice: The growth of ridesharing companies like Uber or Lyft has been a relatively new phenomenon. Laws and regulations governing these services can often be murky. An Uber accident lawyer stays on top of the latest laws, giving you the best counsel for your accident.
  • Getting through the insurance process: Knowing which insurance to deal with is not easy in an Uber accident. Sometimes you’ll need to access multiple insurance companies for your claim. Additionally, insurance companies are typically not on your side. They may force you to settle for a much lower amount than what you deserve. Let a lawyer handle the filings and negotiations so you don’t make any costly mistakes. 
  • Peace of mind: A car accident can be a traumatic and stressful event for anyone. Leave the stress of navigating the complex legal procedures to a lawyer while you focus on recovering from your injuries.

Hire an Uber Accident Lawyer from Valiente Mott

Know that you’re not alone when you find yourself in an accident. Valiente Mott has a team of experienced Uber or Lyft accident lawyers that can guide you through each step of the process.. We offer a free consultation on your case. And you don’t pay unless we win. Contact us today to see how we can help! 

Awards & accolades