Ridesharing services like Uber simplify people’s lives. Whenever you need to go somewhere quickly, you open an app, hail an Uber and you’re good to go. Unfortunately, as any Uber accident lawyer in Henderson knows, these ridesharing services are not 100% reliable and safe. Many Uber drivers cause crashes, severely injuring people and causing them expensive property damage and economic damages.
In most of the cases, people injured in an Uber accident are not sure who is liable for their damages and where to file their personal injury claim: against the driver or against Uber? Things get even more complex when a passenger car driver is at fault for an Uber accident. An experienced personal injury lawyer in Henderson at Christian Morris Trial Attorneys law firm will explain what you need to know about this specific topic.
Is Uber Liable for Their Drivers’ Accidents?
Uber and other rideshare companies spent a lot of money lobbying until they managed to secure a decision making all their drivers independent contractors, not employees. For this reason, the contractual relationship between Uber and its drivers is looser, and does not fall under the respondeat superior principle applicable to employer-employee relationship.
Thus, suing the company for your damages may be extremely difficult, except from when your Uber accident lawyer instructs you that you really stand a chance to win the case. These situations usually concern:
- The specific circumstances of the accident
- Proving Uber’s negligence in accepting an unsuitable driver
- Proving that an Uber car did not meet the requirements to be accepted as per the company’s minimum requirements
- Indications that Uber has breached any rules set by the Nevada Revised Statutes 706A.110 on the permits required to operate in our state.
The Comparative Negligence Principle in Nevada and Uber Policies Decide Who Pays
An experienced Uber accident lawyer in Henderson will start by investigating the accident and determining who was at fault for causing it. This is crucial in Nevada, an at-fault state that uses the comparative negligence principle in personal injury cases, including ridesharing accidents. According to the principle the parties who are less than 50% at fault for the crash have the right to seek financial compensation from the parties who are more than 50% at fault.
In an Uber accident, this means filing a claim against:
- The Uber driver’s insurer
- Uber’s insurance company
- A passenger car driver’s insurance company.
Let us look at the circumstances leading to each of these outcomes:
1. When to File a Claim against the Uber Driver’s Insurance Company
Uber drivers use their own cars to provide ridesharing services. Thus, they may cause a traffic accident when they are off duty – not active in the Uber app, not driving to pick up a client or driving an Uber client to their destination.
In this situation, Uber does not provide any insurance coverage for bodily injury and property damage. Your personal injury lawyer in Henderson will instruct you to file your claim against the driver’s private insurance coverage. At the present, in the state of Nevada, the minimum coverage amounts drivers must carry are:
- $25,000 for bodily injury or death per person
- $50,000 for bodily injury or death per accident
- $20,000 for property damage.
2. When to File a Claim against Uber’s Insurance Company
Uber provides commercial insurance coverage to its drivers in a tiered system, depending on the driver’s status at the moment when the accident occurred. There are two situations:
- Case 1 – the driver is logged into the app and available or waiting for a ride request
- Case 2 – the driver is en route to pick up a client or during a trip.
In Case 1, Uber provides the following insurance coverage:
- $50,000 per bodily injury or death per person
- $100,000 per bodily injury or death per accident
- $25,000 for property damage.
In Case 2, Uber provides up to $1,000,000 un third-party liability and contingent comprehensive and collision coverage up to the actual cash value of the damaged car with a $2,500 deductible.
3. When to File a Claim against Another Driver’s Insurance Company
In some cases, you are involved in a multiple vehicles collision including an Uber car either as a passenger in the ridesharing vehicle or while driving your own car. However, the party at fault is not the Uber driver, but another driver.
In this case, an Uber accident lawyer in Henderson will explain to you that Uber is not liable to pay for the damages and you will have to file your personal injury claim against the at-fault driver’s insurer. The situation becomes more complex if the respective driver is underinsured or uninsured. Although Uber provides uninsured/underinsured motorist coverage to their drivers in some states, in Nevada this type of insurance coverage is optional. Thus, it is not likely that Uber will offer to pay for the damages caused by a third party uninsured driver.
The Types of Damages You Can Recover in an Uber Accident Claim
Your Uber accident lawyer in Henderson will include all the eligible economic and non-economic damages in your personal injury claim. These include:
- Hospital bills
- Cost to repair or replace your car
- Lost wages
- Current and future medical bills
- Loss of earning potential
- Costs with physical therapy and rehabilitation
- Pain and suffering
- Loss of quality of life.
If your lawyer determines that the Uber driver (or a third party driver) acted with intentional tort or gross negligence in causing the accident, you may be instructed to file a personal injury lawsuit, where the jury can award you punitive damages.
Why Should You Rely on a Personal Injury Lawyer?
As you can notice, depending on the circumstances of the accident, you will file your claim against a different person or legal entity. In each case, the at-fault party’s insurance company will try to deny your claim or to reduce its value.
An experienced personal injury attorney in Henderson will be able to collect and present the relevant evidence, indicating the true responsible party, and their accurate proportion of fault. Faced with a skilled attorney, most insurance companies will agree to settle and you will win the maximum settlement amount you deserve.
Let an Experienced Uber Accident Law Firm Win Your Case!
Christian Morris Trial Attorneys is a law firm that cares about people and their legal right to seek and obtain compensation if they were injured by someone else’s negligent actions. You will find an experienced Uber accident lawyer in Henderson, who is willing to fight for your rights even if it means taking your case to court.
Please keep in mind that you only have 2 years from the date of your accident to take legal action against the liable party, so schedule a free case review with us as soon as possible: (702) 434-8282!