Who is Liable After an Uber Accident?

Ridesharing services such as Uber have become popular in Baton Rouge, and it is easy to understand why. Uber is relatively affordable and the company offers a convenient service to passengers with or without their own vehicle. Unfortunately, Uber drivers can become involved in a crash just like any other. While the aftermath of any accident is confusing, this is even truer after an Uber accident. Below, our Baton Rouge car accident lawyer explains the compensation you may be entitled to after a crash.

What Insurance Policy Applies After an Uber Accident?

As an Uber passenger, you are never at fault for a crash. If another driver was at fault, you can file a claim directly against them. Under state law, all motorists are required to carry a minimum of $15,000 for bodily injury to one person, $30,000 for bodily injury in the entire accident, and $25,000 in property damage.

Uber drivers are also expected to carry personal auto insurance. If you are hurt in a crash caused by the Uber driver’s negligence, there are many scenarios that may apply. If you are another driver and the Uber driver was not logged into the app or on their way to pick up a passenger, you can only file a claim with their personal insurance provider. If the driver was logged into the app but was not yet carrying a passenger, Uber offers up to $50,000 in liability coverage. 

If you were an Uber passenger and the driver’s negligence caused a crash that resulted in serious injuries, Uber provides up to $1 million in liability coverage. To avoid paying the full compensation you need, Uber will aggressively defend against these claims. Often, they argue that their driver was not logged into the app and so, they carry no liability for the crash.

Proving Uber’s Negligence

When filing a claim against Uber, you must prove that the company was negligent and that their carelessness caused the crash. A few common acts of negligence on Uber’s part are as follows:

• Fail to screen and train drivers: Uber has a responsibility to make sure drivers meet basic qualifications and that they are sufficiently trained. If Uber fails to conduct a proper background check, provide inadequate training, or hire drivers who are not qualified, the company can be found liable for a crash.
• Unsafe vehicles: Uber facilitates ridesharing services and so, they must ensure that any vehicles used to transport passengers are safe. If a crash occurs due to bald tires, faulty brakes, or another issue that regular maintenance would have detected, Uber can be held liable.
• Insufficient oversight: Uber also has a legal duty to oversee its drivers and when necessary, take corrective action against them. For example, if an Uber driver regularly violates traffic laws, or customers complain about them, the company must take the necessary action. When they do not, Uber can be held liable for an accident that could have been prevented.

What to Do After an Uber Accident

Again, the aftermath of a crash involving an Uber driver is very complex. However, the steps you take immediately following the accident can greatly help your claim. The most important things to do after an Uber accident are as follows:

• Report the accident: State law requires you to report any crash that results in injury, death, or excessive property damage. Still, you should call the police after any crash so they can visit the scene, and write and file a report that may indicate who was at fault. After an Uber accident, you should also report the crash to the company as soon as policy to ensure the generous insurance benefits will apply to your case. 
• Collect evidence: Take your own notes about the accident and how it happened. Doing this immediately after the crash will ensure that your memory is fresh and you still remember exactly what occurred. Also take pictures of the accident scene, your injuries, damage to the vehicles involved, and any other relevant information.
• Gather information: You will need to collect information from multiple parties at the scene. Ask the Uber driver and other motorists involved for their name, contact information, and insurance details. Also, locate any eyewitnesses and ask them for their name and contact information so your lawyer can contact them in the future.
• Seek medical attention: Even if you do not think you were hurt, you should always seek medical attention after an Uber accident. Certain injuries, such as whiplash, do not always show symptoms right away. A doctor can examine you and identify any injuries you incurred so you can receive treatment for them. Also, if you do not seek medical attention, the insurer will argue that you were not as hurt as you claim because you did not see a doctor.
• Do not speak to the insurance company: In the hours and days following an Uber accident, you may be contacted by an insurance company. The adjuster will act friendly and as though they want to help, but that is not the case. Instead, they will use many tactics and strategies to reduce their liability and ultimately, the damages they will have to pay. 
• Contact a lawyer: You should always contact a lawyer after any Uber accident. An attorney can help you make sense of what happened, prepare a strong claim that will ensure you receive a fair settlement, and communicate with the insurer on your behalf.

Our Car Accident Lawyer in Baton Rouge Can Help After a Crash

Uber is a very convenient service, but accidents do happen. If you have been hurt, you are likely very confused about what to do next and how to protect your rights. At Big River Trial Attorneys, our Baton Rouge car accident lawyer can handle the legal details of your case so you have the best chance of obtaining the maximum settlement you deserve. Call us today at (225) 963-9638 or fill out our online form to schedule a free consultation with our attorney and to get more information.