Uber and other rideshare services are more popular than ever. Each year that goes by, there seem to be more rideshare drivers on the road. As their ranks grow, so does the likelihood that one will be involved in an accident.
If you were injured in an Uber accident, you might be entitled to compensation. However, insurance claims and lawsuits against rideshare services differ from other auto-accident types in a number of important ways. The Georgia Uber accident attorneys at Sherrod & Bernard, P.C., are here to make sure you understand your rights and options. Call today for a free consultation.
Who Can Sue for Accidents Caused by Uber Drivers?
When Uber drivers cause accidents, injured victims should not be left holding the bag. Uber accident victims usually fall into one of three categories:
- Rideshare passengers
- Drivers and passengers in other vehicles
- Pedestrians or bicyclists
If you were injured in an Uber accident, you can file an injury claim against the Uber driver’s personal auto insurance. However, most personal auto insurance policies do not cover accidents that occur while operating a vehicle for a “business use” like ridesharing. In these cases, you can file a claim against Uber’s company-provided auto insurance.
Most personal injury claims are settled out of court. However, if a reasonable out-of-court settlement cannot be reached with the Uber driver or their insurer, you might need to file a lawsuit to secure compensation for your injuries.
Remember that Georgia law sets a deadline known as the statute of limitations for filing personal injury lawsuits. This law requires that your personal injury claim be filed within two years after the date of the accident. Subject to very few exceptions, your case will be dismissed in court if the deadline is missed. Speak to an attorney as soon as possible to avoid this result.
Can I Sue Uber If Hit by One of Its Drivers?
In many cases, yes. However, an Uber sticker on a driver’s car does not automatically mean that Uber will be liable for accidents involving that vehicle. Uber’s liability for auto accidents involving one of its drivers depends on whether or not the Uber driver was on the clock at the time of the accident.
The easiest route to compensation is normally through an insurance claim. If the Uber driver was off the clock at the time of the accident, you can file a claim against the driver’s personal auto insurance. If they were on the clock, you can file a claim against Uber’s company-provided auto insurance. Note, however, that Uber’s insurance typically only applies when the driver’s personal coverage does not.
No matter the circumstances, it is always a good idea to consult with an experienced personal injury attorney before speaking with an insurance company or attempting to file a case in court. Call Sherrod & Bernard, P.C., today. Our injury lawyers are here to help you understand your rights and options.
How Do I Prove Liability in an Uber Accident?
Like all other drivers on the road, Uber drivers have a duty to operate their vehicles responsibly to avoid injuring others. Failure to do so will lead to legal liability if anyone is injured as a result. Of course, you will need evidence to prove the at-fault driver’s liability for your injuries. Among other things, important evidence may include:
- Expert reconstructions of the accident
- Medical treatment and billing records
- Photos and videos of the scene
- Police accident reports
- Traffic, surveillance, or dashboard camera footage
- Witness testimony
The more time that passes, the greater the risk that critical evidence will be lost, altered or forgotten. Therefore, begin to collect evidence early on where possible. The sooner you bring your case to an attorney, the sooner they can help you organize your evidence and start strategizing your path toward maximum compensation.
What Insurance Does Uber Provide for Its Drivers?
Though mandatory minimums and coverage types vary, almost every state requires drivers to carry some form of personal auto insurance. Georgia law mandates the following minimums: $25,000 in bodily injury liability per person ($50,000 per incident) and $25,000 in property damage liability.
Again, however, most personal auto insurance policies do not cover accidents that occur while the insured driver operates their vehicle for “business use.” This means that Uber drivers are rarely covered by their personal auto insurance when accidents happen on the job.
To solve this problem, many states — including Georgia — have enacted laws requiring rideshare companies like Uber to provide their drivers with additional auto insurance. In compliance with Georgia’s rideshare insurance statute, Uber provides the following coverage for its drivers when their own auto insurance does not apply:
- Offline or the Uber App is Turned Off – Uber provides no coverage for accidents that occur while a driver is offline or their rideshare app is turned off. In these instances, the Uber driver is covered only by their personal auto insurance.
- Available or Waiting for a Ride Request – While drivers are waiting or available for a ride, Uber provides $50,000 in bodily injury liability per person ($100,000 per incident) and $25,000 per incident in property damage liability.
- En Route to Pick Up Rider and During Trips – While en route to a passenger and during trips, Uber provides $1,000,000 in third-party liability coverage. It also provides $1,000,000 in uninsured/underinsured (UM/UIM) motorist bodily injury liability.
Contact a Georgia Uber Accident Injury Lawyer Today
Across the country, rideshare services like Uber are now a ubiquitous feature of everyday life. However, like all drivers on the road, Uber drivers are responsible for making sure they operate their vehicles responsibly to avoid injuring others. Failure to do so may result in liability for themselves and for Uber.
If you were injured in an auto accident involving an Uber driver, you may be entitled to compensation. For over thirty years, the injury attorneys at Sherrod & Bernard, P.C., have helped our clients seek maximum legal compensation for their injuries. We are ready to help you. Contact us today for a free consultation.
