Uber has grown in popularity over the last several years as South Carolinians look for better ways to commute. However, increased ridership has also led to more accidents. Although it is difficult to pinpoint exact figures, a University of Chicago study attributes to Uber a 3% national rise in automobile fatalities and deadly accidents.
Rideshare accidents are in many ways identical to other wrecks involving automobiles. The best step you can take to increase your chance of securing compensation for your injuries is to hire a rideshare accident lawyer who knows how to handle this specific subset of personal injury cases.
Immediate Actions to Take After an Uber Accident
Being in an Uber accident can be frightening, but taking a few steps right away can protect both your health and your legal rights. It is important that you do the following:
- Ensure everyone's safety: Get yourself and anyone else in the vehicle out of harm's way and the flow of traffic. You do not want to further imperil yourself or other motorists after being in an accident.
- Seek immediate medical attention: Either call 911 or visit an emergency room right away, even if you do not believe you have been injured. You may not realize you've been hurt yet, but not seeing a doctor could aggravate your injuries and jeopardize your rights.
- File a police report: When you call 911, the police will come to the scene of the accident to generate a police report. This document contains basic information about the wreck, which will prove useful later.
- Take photos and videos, if possible, to document the accident: By taking pictures and recording videos of the accident scene, you can create strong physical evidence related to both the wreck itself and your losses.
- Exchange contact information with the other party as well as witnesses: Be sure to exchange your name and phone number with anyone else involved. If there were witnesses, get their information, too, as they will be helpful in your legal claim.
- Take a screenshot of the Uber app showing trip details: As a passenger, you will want to notify Uber that you were in an accident involving one of their drivers. Do so by capturing a screenshot depicting the details of your trip and then contacting the company.
- File a claim with the liable party's insurance company: This may be either with Uber's insurance (see below) or the company that insures another motorist or party who caused the accident.
- Hire an attorney: You should retain legal counsel to ensure your rights and interests are protected throughout the claims process and to handle correspondence with Uber, with insurance companies, and with lawyers representing the liable parties.
Can You Sue Uber for an Accident?
You may be able to sue Uber for their role in causing an accident. However, filing a lawsuit against a rideshare company is more complicated because companies like Uber consider their drivers to be independent contractors rather than employees. Uber's insurance coverage, which applies at different times to different situations, further complicates this situation.
Who Can Be Held Liable in an Uber Accident?
Depending on the circumstances in your case, there may be more than one party liable for causing your Uber accident. The following are all potential defendants in an Uber car accident lawsuit:
- Uber: Even though Uber maintains that its drivers are independent contractors, their insurance company can be compelled to pay for your losses.
- The Uber driver: The driver may be held liable if, at the time of the crash, they were not considered to be in the service of Uber. The driver and Uber's insurance company may dispute who was responsible.
- Other drivers: If another driver caused the accident, a claim must be made against their insurance company. This is done by proving the above elements.
- Vehicle manufacturers and repair shops: A defective vehicle or vehicle part may have caused the crash. A repair shop that did faulty work on the vehicle may be partially responsible, too.
- Government agencies: In some very specific cases, a government agency may be held liable. Note that the rules for filing claims against local, state, and federal agencies are all different.
In a case where multiple parties share fault, it is necessary to determine each party's respective percentage of liability.
Understanding Insurance Coverage in Uber Accidents
Uber carries insurance on its drivers, but whether and to what extent it applies will depend on what the driver was doing at the time of the crash. There are three possible scenarios:
The driver was not logged into the app: If the driver was not logged into the Uber app, their own automobile insurance will cover the crash. In South Carolina, a driver must carry insurance coverage in the amount of $25,000 per person for bodily injury, $50,000 for bodily injury per accident, and $25,000 for property damage.
The driver was logged into the app and waiting for a passenger: If the driver was logged into the Uber app and was waiting for someone to ask them to drive, Uber's insurance may provide partial coverage. The company will pay what the driver's personal automobile insurance coverage does not, up to $50,000 per person for bodily injury, $100,000 for bodily injury per accident, and $25,000 for property damage.
The driver was picking up or transporting a passenger: If the driver was actively working for Uber by picking up or transporting a passenger, Uber's insurance pays up to $1 million in liability and up to $1 million for uninsured motorist coverage.
How Much Does Uber Pay for Accidents?
Victims may receive compensation for losses stemming from their Uber accident, including:
- Medical bills, such as an ambulance ride, hospitalization, medications, adaptive medical equipment, physical therapy, and more
- Lost wages and lost earning capacity, the latter of which applies to situations in which the victim can no longer work at the productivity level they had before the accident
- Non-economic damages like pain and suffering, emotional distress, and loss of enjoyment of life
The amount of the victim's compensation will depend on numerous factors, like the severity of their injuries, the degree of liability the victim may have had, and the skill and experience of the victim's legal counsel.
How to File an Uber Accident Lawsuit
If you want to file an Uber accident lawsuit, the best thing you can do is speak with a lawyer. Legal counsel is important because insurance companies do not want to pay out claims, and Uber's terms and conditions are incredibly strict; you do not want to be barred from seeking compensation because you are unfamiliar with the laws that govern these claims. Your Uber accident accident attorney can then:
- Collect and collate necessary evidence: This may include photos and videos of the crash scene, police reports, eyewitness statements, medical bills, and much more. Bring everything you can to your lawyer.
- Negotiate with the liable party(ies): Once you hire a lawyer, you can let them deal directly with the insurance companies on your behalf.
- Take the case to trial if necessary: Most Uber accident cases are settled without the need for a trial, and your attorney will likely negotiate on your behalf during mediation with the responsible parties. If the liable parties do not negotiate in good faith, your lawyer should be prepared to take your case to court and try it in front of a jury.
Common Challenges in Uber Accident Cases
Although Uber accidents are similar to all other wrecks involving vehicles, there are some notable differences:
- Insurance: The applicability of Uber's insurance coverage, and in what amount, may be disputed depending on what the driver was doing when the accident occurred.
- Evidence preservation and presentation: Courts will only admit reliable and relevant evidence, so it is imperative that your lawyer take steps right away to obtain and preserve evidence.
- Multi-party claims: As mentioned above, there may be numerous parties involved in an Uber accident, necessitating claims against each one.
- Corporate defense tactics: Uber will likely do whatever it can to distance itself from its drivers by claiming the driver is an independent contractor and attempting to pin responsibility on the driver's personal insurance policy. The company may also try to blame the victim, if the circumstances allow, to effectively reduce their compensation.
- Statute of limitations: In most South Carolina crash cases, the victim only has three years to file a lawsuit (but may have less time), thanks to what is known as a statute of limitations.
Were You in an Uber Car Accident? Additional Things to Keep in Mind
Retaining an experienced car accident attorney immediately after your Uber accident is the best way to make the strongest case for damages. Note, however, that not all lawyers will be prepared to represent you. Be sure to ask your prospective Uber accident law firm about their experience handling Uber and other rideshare lawsuits and how they plan to devise an effective negotiation strategy with the defendants and their insurance companies. Also, find out about the law firm's fees, which are usually on a contingency basis and should be explained upfront before you retain the firm. Having all of this information will prepare you for the work it takes to win the compensation you deserve.
