If you were a passenger in a rideshare accident, you probably want to know who will compensate you for your injuries. Will it be the rideshare company or its driver? In most cases, the answer is yes. Because you were just sitting in the rideshare car minding your own business, you have a strong claim. Since you weren’t at fault for anything that occurred, you only have to prove that the rideshare accident happened and that it injured you.
Who Can I Collect Damages From?
So what happens when an Uber passenger gets in a car accident? When an Uber accident injures a rideshare passenger, that passenger must be able to show someone else was at fault to collect compensation for their damages. That means the damages they receive will hinge on who caused the accident: the Uber driver or another driver.
If the Uber Driver Is At Fault
Uber requires rideshare drivers to carry personal car insurance. However, personal car insurance policies don’t usually cover drivers transporting passengers for a fee. For this reason, Uber also provides additional insurance coverage when drivers are using their Uber apps.
According to Uber, as of 2022, if you were injured by a rideshare driver waiting for a ride request, Uber will cover up to $100,000 in bodily injury per accident (up to a maximum of $50,000 per person) and $25,000 for property damage. If you were injured by a rideshare driver when the driver was picking up passengers or injured during your ride, Uber would provide up to one million dollars in third-party liability coverage. In Mississippi, if your Uber driver is responsible for your injuries, you can file a claim against Uber’s insurance. However, if you were injured by a Uber driver who wasn’t using the Uber app at the time of the accident, you’re limited to filing a claim with the driver’s personal car insurance.
If the Other Driver Is At Fault
The driver who caused the car accident injury is typically liable for paying an injury victim’s accident-related expenses. If you are a passenger in a rideshare car and break your leg when a delivery truck hits it, you would file a claim with the truck driver’s insurance company. However, if that truck driver is uninsured, the situation is more complex and may require an attorney’s intervention.
In some cases, securing compensation may involve multiple claims against multiple policies. For this reason, it’s essential to consult an experienced attorney who can review your accident and explain all your legal options.
Filing a Lawsuit Against Uber Directly
Uber classifies rideshare drivers as independent contractors, not employees. This means holding Uber responsible for a driver’s actions can be tricky, and directly suing Uber will be difficult. However, you might have a potential lawsuit against Uber if:
- Your rideshare driver sexually assaulted you;
- Your damages exceed your rideshare driver’s policy limits; or
- You believe Uber acted carelessly in hiring, training, or retaining the rideshare driver who harmed you.
It’s always best to discuss your case with an experienced attorney. While you might not be able to sue Uber directly, an attorney can still help you collect the maximum compensation you’re entitled to. An attorney can also answer your insurance coverage and liability questions and help you determine your best course of action.
What Damages May I Recover in an Uber Car Accident?
Damages for injuries sustained as a passenger in a rideshare accident may include:
- Past and future medical fees, including hospital, rehabilitation, and disability expenses;
- Past and future physical pain and suffering, mental anguish, and physical impairment damages;
- Economic losses, including lost wages, salary, or income; and
- Future financial losses due to long-term disability and permanently diminished earning capacity.
After your accident, you’ll likely receive a call from an insurance agent working for Uber. But before allowing them to make or record any statements, it’s a good idea to speak to a knowledgeable car accident attorney. Agreeing to settle your Uber claim before discussing your case with an attorney can significantly affect the settlement amount the insurance company offers you.
Let Us Help Handle Your Rideshare Accident Claim
Harris Law Firm, PLLC, has sought justice for our clients since 1981. We will work tirelessly to investigate your accident and preserve your claim. Our experienced attorneys know how to navigate Uber’s insurance, and we will fight to secure your maximum compensation. Contact us today to schedule a free case review.