How Can I File a Lawsuit Against Uber After an Accident?

- Are you someone that has suffered physical injuries after availing of a ride-sharing cab like Uber?
- Do you know what are some legal options available to you that can help in getting fair compensation?
- Have you looked at personal injury attorneys that can help you deal specifically with cases like these?

While ride-sharing apps like Uber, Lyft, and Gett have made life easier for a lot of us, they are not without problems. Many people thinktotoYou must understand that the roads are a lot less safe now and that both traffic violations and injuries are on the rise post the advent of ride-sharing apps.
According to a report published by MIT, Uber and Lyft have contributed to an upward spike of US Road Fatalities. While Uber’s internal assessments put the figure conservatively, it misses out on some very important statistics.
For example, while it says and mentions the number of fatalities, there is no mention of non-fatal accidents anywhere in the report!

In this resource article, we are going to cover some important facts about filing a lawsuit against Uber after an accident-
i. Can you file a lawsuit against Uber or its drivers following an accident?
ii. How does the Uber Insurance system work in case of accidents or injuries?
iii. How to select the best legal expert for filing a lawsuit against Uber
iv. Filing a Lawsuit against the Driver and not Uber: What you need to know

Can you File a Lawsuit Against Uber or its Drivers following an Accident?

The simple answer to this question is Yes!

No matter how you have been injured, whether you were in the Uber, or an Uber hit your car, or you while walking down the streets, you can file a lawsuit against the company.
The more important thing you should know about is that all the big ride-sharing companies have in place certain legal protections. In other words, companies like Uber are insulated from lawsuits. Uber uses its drivers not as full-time employees, but as independent contractors.
This enables them to deflect responsibility and accountability for their actions. The standard operating procedure (SoP) for Uber is using Insurance to offer compensation.
However, when it comes to regular lawsuits, you would be required to prove the negligence or incompetence of a driver that has resulted in the accident.
As a company, Uber is expected to do an in-depth background check for all its employees. This is done with the intention to ensure that the rider is up to the standard and is mentally and physically fit to drive.
Filing a lawsuit against Uber is possible in order to seek fair compensation for the injuries you have suffered. What you need to keep in mind is hiring a lawyer after a uber accident.

How does the Uber Insurance System work in case of Accidents and Injuries?

Uber has a famous $1 Million Insurance Policy in place. Most experts feel that claiming compensation from the said insurance is a simpler and easier way to proceed as compared to a formal personal injury lawsuit.
It is important that you understand how Uber’s Insurance Policy works-
- If the driver of the Uber has logged in to the company app then you would be entitled to receive an amount of $50000 in injuries to the body. There is also a pay-out of $10000 that is calculated on a per-accident basis. Finally, if there has been any harm done to a physical property the amount that can be claimed is $25000.
- The above will hold if the driver was waiting for a new ride while being logged on to the company app at the time. This is a crucial piece of information that you need to remember.
- If the driver has already received a ping for a new ride and is en route to pick up the passengers, the compensation amount increases to a $1 Million coverage. The same holds if the ride has already begun with the passengers in the Uber.
- You need to realize that the amount of liability and coverage also varies from state to state. In other words, it is not uniform across the country. This is something that you will need to check up on with the help of your injury lawyer.
Like all big companies, the process of filing for compensation from insurance is a lengthy and tricky task. This is because Uber will bring out its battery of lawyers to prove you do not have a case to claim compensation.

How to Select the Best Legal Expert for Filing a Lawsuit against Uber?

When it comes to choosing the best lawyer to represent your interests in a lawsuit against Uber, you do not want anything but the best. It is important to consider the following points when selecting a lawyer in this regard.
1. Experience of the Lawyer in this Specific Case-
A personal injury lawyer that has never been in such a lawsuit will not have the requisite experience to help you. This is why the first thing you need to do is look for a legal attorney that has experience in defending victims in such personal injury lawsuits.
The lawyer should at least have three or more cases under their belt and should understand how these companies work. Familiarity with the matter can help them understand the course and process of how the lawsuit pans out. This will put you at an advantage.
2. Looking at the Trial and Court Success Rate of the Attorney-
It is essential to know that you have the right person for the job if the Insurance Claim is rejected and the case goes to trial. You need to understand that you would be going up against the finest lawyers that a multi-national corporation like Uber can afford.
This is why you need someone who can hold their own against the biggest names in the legal field. If your attorney has commendable court time and a success rate, you can rest assured that they stand a fighting chance of winning the case in your favor.
3. Ensuring that the Attorney or Law Firm is great at Evidence Gathering-
In such cases, a lot depends on the kind of evidence you can gather. Remember that it is all about proving that the Uber driver was in the wrong and that the company should bear responsibility for his or her actions. This is a tough process and only experts can pull this off.
Legal experts state that an Uber driver just like any other motorist out on the road has a duty of care towards others. The aim is to prove that the accident took place whether through recklessness or ignorance. This is where evidence becomes crucial information.
4. Expertise in Negotiating Large Compensation Claims Cases-
You would be surprised to know but the best personal injury lawyers are successful in winning multi-million-dollar compensations. When it comes to handling sums of money this large, you need someone who has done it before and knows how to negotiate.
Even if Uber is willing to discuss the Insurance bit, you need the lawyer to have the experience of dealing with insurance companies. Be ready to fight for every dime as insurance companies will use every trick in the book to deny compensation.
5. Great at Networking with Law Enforcement and Judicial Officers-

This is one more area where experience comes into play. A personal injury attorney that has been in the field for a long time knows their way around courtrooms and police stations. They are on good terms with both police officers as well judicial officers.
This helps them in several ways. The process of filing the paperwork becomes easier. Additionally, they can request the police officers to show them some evidence from the scene of the crime. As you can see, all this can go a long way in building up a strong case in your favor.

Filing a Lawsuit Against the Driver and not Uber: What you need to know

One of the first questions that come up is who is liable to pay for damages in the event Uber rams into you?

The answer is that the first thing you should look at is the Insurance that is offered by the driver. In other words, the insurance that the driver has and whether it is being able to compensate for your injury or accidents.
If the amount of compensation exceeds the insurance cover of the driver, then Uber as a responsible employer needs to step in and pay for the extra coverage.
However, you need to ensure that the legality and paperwork should be done by a legal professional. This will ensure that there are no problems or mistakes in the paperwork.
The last thing that you would want is for the court to throw out your papers for being incomplete.

The Bottom Line

Filing a lawsuit against any big corporation and making them pay for damages is never easy. Working with a good legal attorney that has experience and expertise in dealing with such cases can go a long way in helping claim the right kind of compensation. If you have any more questions that you need clarifications on, please do not hesitate to ask them in the comments section below. We will try to answer as many of them as possible. 

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Posted - 05/26/2021