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Can You Sue an Uber Driver If You’re Injured in an Accident?

Rideshare Accidebnt

Female passenger in uber got injured from accident.If you were injured in a Georgia Uber accident, you may be wondering about the options you have for seeking compensation. Pursuing compensation following an Uber accident can be complex. Your options for recovery will vary depending on the circumstances of the accident, such as whether the Uber driver was merely available to give rides, en route to pick up a passenger, or transporting a passenger.

Our attorneys have in-depth experience navigating accident injury claims and lawsuits. We are ready to guide you through every step of the process. Contact the Atlanta uber accident lawyers of Butler Kahn for a free consultation to learn more about how we can help you after an Uber accident.

Can You Sue an Uber Driver If You’re Injured in an Accident?

You could sue an Uber driver if you’re injured in a rideshare accident. Your options for recovering compensation depend on several factors, including who is at fault and whether the Uber driver was active on the app when the crash occurred.

Is Filing a Lawsuit an Option Following an Uber Accident?

Yes, if you’re injured in a Georgia Uber accident, you have the option to file a lawsuit against the Uber driver, Uber itself, and potentially any other parties involved in the collision, depending on who was at fault. To win compensation for your accident-related injuries in an Uber lawsuit, however, you’ll need to prove two things. The first is a liability, which is the legal term that describes the condition of being legally responsible for a certain action. To recover compensation that will cover your past and future medical care, your lost wages, your pain and suffering, and any other accident-related losses you suffered, you will need to prove that the entity you are suing was legally responsible for the accident, which will depend on the individual scenario. For example, if you can demonstrate that the Uber driver’s carelessness was the direct cause of the wreck, they may be held financially liable for the resulting damages. But if another driver was responsible for causing the crash, you may need to file a claim with their insurance provider for compensation instead. The second element you will need to prove is that the Uber accident was the direct cause of your injuries or other accident-related losses. In most cases, you can demonstrate this fact by presenting evidence such as medical records and receipts from your injury-related treatments.

Understanding Uber’s Insurance in Your Accident

If you plan to seek compensation after an Uber accident, it’s important to understand how Uber’s insurance could affect your claim. An Uber driver is typically covered by three different kinds of insurance:

  • Personal auto insurance policies – If a driver is behind the wheel of a car they use for Uber rideshares but is not logged in to the app when the accident occurs, they are only covered by their personal auto insurance policy. In Georgia, this means that they should have at least $25,000 in liability coverage per person, $50,000 in coverage per accident, and another $25,000 to cover any property damage, as required by state law.
  • Uber’s contingency liability policy – If an Uber driver is available to give rides but is not ‘carrying any passengers at the time of the accident, they will still primarily use their own auto insurance to cover any accident-related injuries or damage. However, since they are technically “on the clock” in between fares, Uber will provide additional liability coverage of up to $50,000 per person, $100,000 per accident, and another $25,000 in property damage.
  • Uber’s rideshare liability policy – If an Uber driver is actively carrying rideshare passengers or on the way to pick them up when an accident occurs, Uber’s full insurance policy is available. This means that up to $1 million in liability coverage and property damage coverage is available.

Can You Sue an Uber Driver If You’re a Passenger Who’s Injured?

Yes, if you are injured in an accident as a rideshare passenger in an Uber driver’s vehicle, you should be covered by Uber’s full $1 million insurance policy. In most cases, you will actually file your claim with Uber itself rather than the driver. A lawsuit may not be necessary. However, your claim may look different depending on who was liable for the accident. If the Uber driver was at fault, you may file a claim against them, but your compensation will likely ultimately come from Uber, not the driver. If another driver was at fault for the accident, you may need to file a claim with their insurance provider instead. However, if the at-fault driver has no insurance or insurance that does not fully cover the cost of your claim, Uber’s $1 million in uninsured or underinsured motorist (UM/UIM) coverage may kick in to cover the difference, even if the Uber driver was not at fault.

Can You Sue an Uber Driver Who Causes an Accident If You’re Not a Passenger?

If you were in another vehicle that was involved in an accident with an at-fault Uber driver, you can still sue the Uber driver for compensation. Again, how you file your claim may look different depending on who was at fault and whether the Uber driver was transporting a passenger, on the way to pick one up, available for calls, or logged out of the app. If the Uber driver was not actively offering rideshare services or was simply waiting for a fare, your claim may primarily be against the driver themselves, though Uber may provide contingency coverage if the driver was on duty with no passengers. If the Uber driver was actively transporting a rideshare passenger, Uber’s full $1 million policy should be available, though Uber will most likely try to minimize or deny your claim. It can be difficult to tell whether an Uber driver is on duty when an accident occurs. After you exchange information with them at the scene, it’s a good idea to consult with an experienced attorney who can help you pursue the compensation you need to recover from every available source. [videosingle id=”67665″ width=”100%” height=”400″ rel=”false” /]

Contact Butler Kahn If You’ve Been Injured in a Georgia Uber Accident

Whether you were injured as an Uber passenger or occupant of another vehicle involved in an Uber accident, the attorneys of Butler Kahn are here to help. We are ready to discuss your situation and lay out all of your options. Contact us when you are ready to find out more.

Picture of Matt Kahn
Matt Kahn is an Atlanta personal injury lawyer and a partner at the law firm Butler Kahn. Matt has dedicated his career to fighting for individuals and families who had been harmed by the negligence of others. At Butler Kahn, he has had the honor of helping families who have lost children in motor vehicle accidents and people who were critically injured. He helped a family secure a $45 million settlement to provide lifetime care for their son, who was critically injured in a motorcycle accident. Matt is a graduate of Emory University School of Law and has been recognized as a Super Lawyers’ Rising Star and by Best Lawyers as One to Watch. He has received an Avvo 10.0 Top Attorney rating. Connect with me on LinkedIn
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