If you were in a car accident with Uber or Lyft, you’re probably wondering if you can sue for damages. You can, but you’ll have to prove negligence on the part of the driver or other party involved. This means proving:
•Who is liable, or at fault, for the wreck
•That you were injured as a direct result of the accident
To prove the driver or another party is liable for the accident, you’ll need to show a preponderance of evidence in support of your claim. That evidence may show the driver acted carelessly, recklessly, or in a manner that isn’t considered safe. Did the driver violate the terms of his contract? Did he or she violate state or federal laws? Due to the complexity of laws that apply to ridesharing services, it can be hard to figure out exactly who is responsible for your accident.
In a no-fault state like Texas, you will have to file a claim with your own insurance company if you’re in an Uber accident. No matter whose fault the accident was, your own policy will pick up the tab for a portion of your doctor bills, lost income, and vehicle repair costs.
You’ll Be at the Mercy of the Uber Driver’s Insurance Company
A lot of people are shocked to learn most drivers are contractors and not Uber employees, they have to use their own car insurance to pay out any claims that are filed against them. Essentially, if you want to sue for an Uber accident, you should prepare to negotiate with the driver’s insurance company instead of the rideshare company.
While driver’s personal auto policies usually do provide liability coverage when the driver is carrying passengers, even with such coverage, the driver’s insurance company will often fight tooth and nail to not pay any compensation. In addition, the driver’s policy sometimes doesn’t cover something called driving for profit, which gets you an automatic denial letter.
If the At-Fault Driver is Uninsured
If you are the victim of an auto accident caused by a rideshare driver for Uber or Lyft, it’s important to check to see if the driver has uninsured/underinsured motorist coverage. This type of coverage can help pay for your medical bills and other damages if they don’t have enough insurance or lack a policy entirely. Without it, you may have little recourse. If you get any financial award at all, it may be a paltry amount that is barely enough to cover medical expenses.
What Uber Covers for Drivers
If you plan to sue for an accident with an Uber driver, keep in mind that rideshare companies have been accused of not compensating drivers enough for accidents. Uber provides $1 million for personal liability, $1 million for uninsured or uninsured motorists, and contingent collision will kick in the remaining amount if you already have your own collision coverage.
It may sound unfair, but you may be left with little recourse in an Uber accident. Laws regarding rideshares are constantly changing, so hopefully in the future both drivers and passengers will receive better treatment at the hands of these huge rideshare providers.
