If you have been involved in a car accident with an Uber driver, you need the help of a Miami Uber car accident lawyer from Lavent Law, PA. These cases are incredibly complex and not at all like a standard personal injury case involving two drivers. This is because of the complex relationship that exists between Uber and their drivers, which makes it difficult to determine who actually owes you financial compensation.
Understanding the Uber-Driver Relationship
When drivers choose to drive for Uber, they do not actually become Uber employees. Instead, they become Uber contractors or licensees that are then allowed to use the Uber app to accept rideshare requests from other users.
The relationship between a contractor and an employer is completely different from that of an actual employer-employee relationship. In the case of Uber, this distinction is often used to avoid taking responsibility for the actions of their drivers. Depending on the situation, Uber may have partial responsibility, where in other cases, they may deny having any liability at all. This creates a confusing legal situation for passengers, pedestrians, and other drivers injured in a car accident with an Uber driver.
Suing the Driver vs. Suing Uber
To determine who you need to sue, the details of your accident will need to be fully evaluated.
First, was the Uber driver carrying a passenger at the time of the crash? If so, this means that the driver was essentially working for Uber at the time, so Uber will bear at least a portion of the liability. If the driver did not have a passenger but was actively using the Uber app, you may still receive limited compensation from an Uber insurance policy, but you will probably need to sue the driver as well.
Any accidents involving an Uber driver who was not carrying any passengers or actively using the app will be the sole responsibility of the driver and their own personal insurance policy.
When Uber’s Insurance Kicks In
Uber has an insurance policy in place that is supposed to provide up to 1 million dollars in coverage per incident. This means that if you were hurt in an accident as an Uber passenger, the liability insurance should cover your medical bills and financial losses.
The challenge here is that since Uber has not claimed responsibility for their driver’s behavior, if you were the other driver involved, their insurance policy may or may not kick in to help you.
Recovering Financial Damages for a Rideshare Accident
Filing a lawsuit gives you the opportunity to recover financial damages for the injuries and losses sustained because of the accident. This may include any of the following that apply to your case:
- Medical Bills – Your emergency room, diagnostic, and ongoing medical care should all be compensated. Prior to settling your case, it is important to calculate what your future expenses may be as well.
- Pain and Suffering – If your injuries have caused you significant pain and discomfort, you can seek compensation.
- Lost Income – Taking time off from work to recover is normal, but it can result in lost income. You should not have to suffer financial loss in addition to physical pain, making this an important consideration for any personal injury case.
- Any other expenses or losses incurred as a result of the accident.
Speak with a Miami Uber Auto Accident Lawyer
Given the complexities of cases involving Uber drivers and rideshare car accidents, this is not the sort of claim you want to handle without guidance from an experienced attorney. Call Lavent Law, PA to speak with a Miami Uber car accident lawyer if you have been hurt in one of these wrecks.
Retaining legal counsel will increase your chance of coming out on top in your rideshare accident case. You can schedule a free consultation by completing the form below or by calling (305) 440-0450.