As ride sharing services have become a part of our cultural landscape, new issues of legality and liability have arisen across the nation and indeed, all over the world. Every day there are hundreds of thousands of car accidents, from minor fender benders to major incidents. When this happens between two private vehicles, one or both drivers are responsible. When it’s a taxi company, the driver and company can be liable.
The problem when it’s a ride share company is that you’re dealing with issues of independent contractors and company responsibility. You have the right to compensation, but it can be tricky to know who is liable. Learn about your rights after an Uber accident, whether you can sue, who can be held responsible, and why you need help from a qualified injury attorney.
Passenger Rights after an Uber Accident
Understand first of all, that any time you are injured in an accident where you are not at fault, you are entitled to compensation for the injuries you suffer. However, when the driver is working for a ride-sharing service like Uber, they are in all likelihood an independent contractor. That means that you likely can’t sue the company.
You probably can, however, sue the driver of the Uber, or the driver of the other vehicle, if your driver wasn’t responsible. The first thing to do is call 911 to file a police report. Then take as many photos of the wreck as possible. Get the contact information of any witnesses. Record the name of the driver, and keep screen shots of the ride and receipt.
Uber’s Liability Policy
While you won’t sue Uber directly, if the accident occurs during the trip, and the ride-share driver was the negligent cause of the accident, Uber holds a liability policy to cover the damages. This policy is in place to cover the drivers in case of these incidents, as a perk. Normally, independent contractors are responsible for their own liability insurance.
However, your lawyer will need to send preservation of evidence paperwork to Uber and to the driver, to be certain that all data related to the ride is kept. If the ride share company refuses or otherwise fails to maintain that data, they do then hold some liability and can be sued for this failure.
Other Issues
If you’re not a passenger, or the accident doesn’t happen while the driver is on-duty, than Uber’s liability policy doesn’t apply. You will need to sue the driver directly, outside of their employment. Similarly, if another driver is responsible for the accident, Uber has little role in the lawsuit; you will need to sue the responsible driver.
Hiring an Attorney
It can be very tricky to understand who can be held at fault, or your rights after an Uber accident. That’s why it’s so important to call on the services of a qualified car accident attorney like those at Gruber Law Group. Get in touch with us for a free consultation on your case today!