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Uber has revolutionized the way people travel around Summerville. All it takes to get a reliable ride is to open an app on your smartphone and make a few taps. Still, Uber drivers can be involved in a crash, and when they are, the outcome is much more complicated for passengers and other drivers.
It is natural to feel lost and overwhelmed when trying to navigate multiple insurance policies, state law, and corporate involvement. You may encounter issues you never even expected, such as what the Uber driver was doing at the time of the crash or whether they were logged into the app. This will have a significant impact on your case and the amount of compensation you are entitled to. Below, Attorney Trey Harrell, a Summerville Uber accident lawyer, explains in greater detail.
How are Uber Accidents Different from Other Crashes?
There are many reasons an Uber accident differs from other types of crashes on the road. One of the main reasons is that there is typically more than one insurance company involved. These insurance companies may represent the Uber driver, another negligent motorist, or Uber. All of these companies will try to protect their profits by shifting the blame to another insurer. This requires accident victims to collect more evidence to prove their case, and can result in unnecessary delays.
In addition to multiple insurance companies, liability will also depend on what the Uber driver was doing at the time of the accident. For example, additional compensation may be available for paying passengers who were riding in an Uber at the time than other motorists who were hit by a negligent Uber driver who was not carrying passengers at the time.
Determining Liability for a Summerville Uber Accident
Just like any other motorist on the road, Uber drivers are required to carry minimum amounts of auto insurance. However, personal auto insurance policies do not usually provide coverage when someone is using their vehicle for commercial purposes, such as driving an Uber. Due to this, Uber’s insurance policy provides coverage for Uber drivers. To understand the coverage available, you must understand the three phases for an Uber driver. These are as follows:
- Uber driver is not logged into the app: When an Uber driver is not logged into the app and they cause a crash, their own personal liability auto insurance will provide coverage for accident victims.
- Uber driver is logged in but is not carrying a passenger: Uber drivers are often logged in to the app but have not yet picked up or dropped off a passenger. In these instances, Uber will provide a certain amount of coverage. This includes $50,000 for bodily injury per person, $100,000 for bodily injury per accident, and $25,000 for property damage per accident.
- Uber driver has accepted a ride or passenger: If an Uber driver has accepted a ride but they have not yet picked up a passenger, additional insurance is offered by Uber. This is the case for when Uber has accepted a passenger, as well. In these cases, Uber will offer up to $1 million in third party liability coverage.
Comparative Fault in Uber Accidents in Summerville
Another complex matter in Uber accidents is the legal concept of comparative fault. Under the comparative fault law in Summerville, injured individuals are barred from recovering compensation as long as they are less than 50 percent at fault for the accident. While injured individuals can file a claim for compensation even if they were less than 50 percent to blame, any compensation they receive will be reduced by their same percentage of fault.
For example, an Uber driver may have been distracted and so, they did not notice another vehicle was racing towards a red light at the intersection. Running a red light is a more serious traffic violation than driving while distracted, so the other motorist may be found to be 80 percent to blame. The Uber driver may be found 20 percent to blame because they may have been able to avoid a crash if they were not distracted. If the Uber driver was awarded $100,000 in damages, they would only receive $80,000 because their damages will be reduced by their same 20 percent fault.
Damages Available After an Uber Accident
Regardless of whether you are an Uber driver, another motorist, or an Uber passenger, there are many different types of damages available after a crash. These are as follows:
- Medical expenses: These can include doctor appointments, hospital stays, physical therapy, and any necessary medication.
- Lost income: If you could not return to work right away after an Uber accident, you can recover compensation for your lost wages or salary. If you are unable to work in the same job or keep the same hours as you did before the crash, you can also pursue damages to recover the difference.
- Pain and suffering: An Uber accident can result in a great deal of physical pain and emotional distress. While these are not losses you can see, or that is easily quantifiable, you still have the right to recover damages for them.
- Property damage: If your vehicle or other personal belongings, such as your smartphone, was damaged during the crash, you can include property damages in your claim.
- Permanent disability: If you suffered a long-term disability during the accident, you may receive additional compensation for the many ways your life will be changed moving forward.
How Can a Summerville Uber Accident Lawyer Help?
You likely have many questions after an Uber accident. You may wonder who will pay your medical bills, what to do if Uber is denying liability, or if you should speak to the insurance adjuster who keeps calling you. This is where the help of a Summerville Uber accident lawyer is invaluable. An attorney can help in a number of ways, including:
- Thoroughly investigate the crash: A lawyer will take many steps when investigating your accident. These include obtaining the police report, talking to witnesses, reviewing rideshare data app and dash cam footage, and coordinating with accident reconstruction professionals.
- Identify all available insurance coverage: While Uber does have insurance coverage, determining when it is available and how much coverage is offered is difficult. A lawyer will determine what insurance coverage is available.
- Negotiate on your behalf: Negotiating with the insurance companies is never easy. Insurers use many strategies in an effort to minimize the amount of damages they pay. A lawyer will negotiate on your behalf so you receive the full settlement you deserve.
- Accurately value your claim: You may not take all of your losses into account, or know how to calculate certain damages, such as pain and suffering. A lawyer will accurately value your case, so there is nothing left out in your claim.
- Representing you in court: The majority of Uber accident claims are settled outside of the courtroom. However, you may have to enter litigation to protect your rights. A lawyer will help you through the process and ensure you are prepared.
Our Uber Accident Lawyer in Summerville Can Protect Your Rights
If you have been hurt by an Uber driver or as a paying passenger, you have rights. Others may try to infringe on these rights, but Trey Helps! At Trey Harrell Law Office, our Summerville Uber accident lawyer can ensure your rights are protected and help you navigate the process so you obtain the full settlement you deserve. Contact us online to schedule a free review of your case and to learn more about how we can help.
