Can I Sue Uber After a Car Accident?
If you are injured in an accident while riding in an Uber, Lyft, or another rideshare company, as soon as it is safe to do so, use the online form to contact an attorney or call (281) 475-4535. Write down that telephone number and keep it with your driver’s license in your wallet just in case you need help.
To receive compensation for an injury claim requires proving who caused the accident and the amount of your damages. Your compensation may include reimbursement for medical expenses, lost wages while recuperating, loss of future income due to permanent disability, compensation for pain and suffering, and other damages.
Is it important who is at fault?
Determining the fault of who caused the accident is important to collect compensation from the responsible party’s insurance.
If your Uber driver is at fault, it is possible to sue the driver for the damage. However, it may not be possible to collect sufficient compensation from the driver. If the driver only has personal auto insurance, any claim against that policy faces denial because it is not commercial auto insurance and does not cover carrying a passenger for hire.
If another driver(s) is at fault or if the drivers share the fault for causing the accident, then a claim may be made against the insurance coverage carried by the other driver(s) who are at fault. A challenge may arise in collecting full compensation if the other driver(s) is not insured (which is illegal but still may happen) or is underinsured.
California Insurance Requirements for Ridesharing Companies
In California, ridesharing services must have commercial vehicle insurance coverage for their drivers and uninsured/underinsured motorist coverage.
California Public Utilities Section 5433 (1) requires ridesharing companies to either provide or make sure their drivers carry $1 million in insurance for personal injury, property damage, or death due to an auto accident involving their drivers. This insurance must be the primary insurance. This means that a rider injured in an accident need only make a claim against the ridesharing company’s insurance and not against the driver.
Additionally, California Public Utilities Section 5433 (2) require ridesharing companies to either provide or make sure their drivers carry $1 million in uninsured/underinsured drivers as well. This insurance provides coverage if another driver(s), who does not have adequate insurance, causes the accident.
Under California law, every driver must have insurance, but the policy coverage can be as low as $15,000. This low amount may not provide enough coverage for the damages caused by an accident. In such a case, the uninsured coverage would be available for compensation for any amount exceeding the responsible insured driver’s policy limit.
California law provides that these insurance requirements for ridesharing services begin when a passenger enters the vehicle and ends when the passenger completely exits the vehicle after the ride is over.
Just because California law requires insurance coverage for ridesharing services, this does not mean that it is easy to receive fair compensation for your injuries. Insurance companies try to pay as little as possible for each claim. It is very wise to immediately use the online form to get a free consultation with a personal injury attorney or call (281) 475-4535 after being injured in an accident while using a ridesharing service. You will not pay any fees unless you receive any compensation.
Contact us to have your case heard and evaluated. One of our trusted attorneys will be able to help you get the compensation you deserve. CALL US ANYTIME (281) 475-4535 or fill out a consultation form here to start the process.