Uber and Lyft have grown in popularity with rideshare users over recent years. The University of Pennsylvania found that Uber and Lyft have provided more than 2 billion rides since they began operating. The number of auto accidents involving the two companies has gradually risen. A Ville Platte Uber accident lawyer will help you seek compensation from the ridesharing company.
The process of getting compensated after an Uber accident is slightly different than in other auto accidents. This is because the Uber driver is under different regulations due to the ridesharing company.
The Liable Party in an Uber Accident
The liable party in an Uber accident may be the Uber driver, another driver, or a state agency. If the Uber driver is the liable party, the party that will pay your damages is Uber. The company carries a $1 million insurance policy to cover any injuries that passengers may sustain.
But the insurance policy is only active when the Uber driver is on-duty. This means that the driver has turned on the app and has accepted your ride request. The liable party in an Uber accident is responsible for covering the cost of injuries.
If the Uber driver was off duty, that is he did not have the app on, you can get compensated through their personal insurance policy. But if they are not insured you can get compensated by your own insurer through uninsured motorist coverage.
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Steps to Take After an Uber Accident
The first thing you should do after an Uber accident is to report the event to the police. Reporting the accident to the police is mandatory in Louisiana if the crash caused more than $500 of property damage. Give your account of the accident and only disclose information you remember with certainty.
Check if everyone is okay and call an ambulance. Seeking medical attention is crucial because you may have injuries with delayed symptoms. The medical records after an accident are useful as evidence that the crash caused bodily injuries. Some of the injuries commonly sustained by passengers in an Uber accident are:
- Back injuries
- Broken bones
- Traumatic brain injuries
- Soft tissue injuries
Reach out to Uber as soon as possible and report the accident. You will have to disclose the driver’s information such as the car number plate or proof of your ride. This is information that may still be in the app. You can contact Uber through their phone number, the official website, or their app.
What Happens If You Are a Pedestrian Hit by an Uber Driver
An Uber driver may hit a pedestrian or any other road user while on duty. The accident may occur due to various forms of negligence such as:
- Driving while on drugs or alcohol
- Aggressive driving
- Driving while texting or using their phone
- Failing to yield the right of way
- Driving while fatigued
If the Uber driver hits you while the app was on, Uber will cover the cost of damages. The third-party liability coverage from Uber is worth $50,000 per person, $25,000 for property damage, and $100,000 for an accident.
Talk to a Ville Platte Uber accident lawyer if you have sustained injuries as a third party from an Uber driver. The lawyer will gather sufficient evidence to ensure that you receive your compensation.
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How an Uber Accident Lawyer Can Help You
The insurance policy limits by Uber may seem quite high implying that getting compensated is easy. But recovering damages from an Uber Accident is quite difficult as the driver is not directly an employee of Uber. The drivers are independent contractors who use the platform to drive passengers from one location to the other.
You need an Uber accident lawyer to help you understand when you can make a claim against Uber. You can only make a claim against Uber if:
- You were the passenger at the time of the accident
- An Uber driver caused the accident while transporting a passenger
- An Uber driver caused the accident while going to pick up a passenger
A Lyft accident lawyer will also help you get compensated from the driver’s personal insurance policy if the conditions above are not met. A lawyer is also instrumental in helping you establish negligence after an Uber accident. You must be able to show that there was a breach of duty and that the liable party’s actions directly caused your injuries.
As an Uber driver, you also need a lawyer if someone else was the liable party. Uber drivers have uninsured motorist coverage from the company that settles claims if the Uber driver suffers a hit and run accident. A lawyer will help you file your claim if the liable party has insurance but denies your claim.
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Is Suing Uber Possible If You Sustained Injuries as a Passenger
The company’s terms of use have a set-out way of settling civil disputes involving personal injury cases. Unlike employers, Uber maintains that its drivers are independent contractors which reduces their liability if they cause an accident.
As a passenger who uses the Uber app to book rides, the company can argue that the terms of service apply to you. Thus, any personal injury claim you make against the company can only get resolved through an arbitration process.
Getting compensated through an arbitration process is much trickier. This is because you have:
- No right to have a jury present
- In most cases, no right to appeal the decision
- No right for the case to get tried publicly
The arbitration process is usually very unfair, and you may need the help of a Ville Platte Uber accident lawyer. The objectivity of the arbitrator is also questionable, and you may need legal counsel to ensure you get compensated.
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Call an Uber Accident Lawyer Today
The process of recovering compensation after an Uber accident is much more complicated than it appears. Uber’s policy and terms of use limit its level of liability. A Ville Platte Uber accident lawyer can help you using our past knowledge from dealing with similar types of cases. Contact our Laborde Earles Injury Lawyers today to receive a free consultation.
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