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Suing Uber After a California Car Accident: A Guide

Posted by Siamak Vaziri | Nov 20, 2023 | 0 Comments

Ever been in a car, cruising along the California highways, when suddenly - crash! An Uber driver just sideswiped you. Can you sue them?

In the Golden State, this question isn't as simple as yes or no. As we delve into this topic, I'll be your guide through the maze of laws and regulations surrounding ride-sharing services like Uber.

You may wonder if it matters who was at fault. What about insurance coverage? Can an incident be handled differently if there's nobody in the car?

I know these questions sound overwhelming but stick with me. By reading on, you'll learn how to navigate accident claims against Uber effectively - from understanding their role in passenger safety to proving their liability for injuries.

Table Of Contents:

Understanding Uber's Role in Passenger Safety

The rise of ride-sharing services like Uber has transformed the way we travel. But, with this convenience comes questions about safety.

Driver Screening and Training

All potential Uber drivers must pass a background check before they can start driving passengers around town. This process is designed to weed out anyone with serious criminal records or poor driving history. Uber does not provide any additional guidance to its drivers on how to securely transport customers, unlike taxi companies.

Ride-Check Technology for Enhanced Safety

In an effort to enhance passenger safety further, Uber rolled out a feature called Ride Check which uses GPS and other sensors in the driver's phone to detect possible crashes. If an unusual event is detected during your trip such as long unexpected stops or a possible crash, both rider and driver will receive a notification checking if everything's okay. Business Insider reported more on this technology. For those who become injured riding Uber, it is well advised to contact an experienced Rideshare attorney who can help you navigate though the legal process.

Adequate Insurance Coverage?

Finally, let's talk insurance: In case of accidents while you're riding with them, Uber provides $1 million worth of liability coverage that protects their riders financially. (California Department of Insurance). Yet some critics argue whether this is enough, considering the high cost of medical bills and potential loss of income.

The Legal Landscape of Suing Uber in California

When it comes to suing Uber after a car accident in the Golden State, things can get complex. That's because ride-sharing companies like Uber are covered by specific laws and insurance policies.

Suing an At-Fault Uber Driver

If you have been in an incident where the Uber motorist is accountable, then you possess lawful privileges. You may seek compensation from the driver for any resulting expenses, such as medical bills or lost wages.

This action might seem straightforward, but there's more than meets the eye here due to how rideshare drivers are classified - independent contractors rather than employees of Uber. This classification often makes pursuing claims more challenging.

Uber's Insurance Coverage

In cases involving on-duty drivers, though, don't fret. You're not alone battling this legal jungle gym: Vaziri Law Group, your personal injury attorney team, could be your guide rope through these complexities.

An important fact about ride-share services like Uber is their hefty $1 million liability coverage which kicks into gear once a trip starts till its completion. However, it's crucial to note that if accidents occur between trips when no passenger is onboard, insurance matters become trickier since different policy limits apply then.

Dealing with Under-Insured Accidents

When it comes to car accidents involving Uber, things can get complicated if the other driver is under-insured. In California, it's a known fact that motorists must possess a minimum amount of liability insurance coverage.

State law mandates $15,000 for injury or death to one person, $30,000 for injury or death to more than one person and $5,000 for damage to property. But what happens when these amounts aren't enough?

When There's No Passenger in the Car

This is where Uber's underinsured motorist coverage kicks in.

In situations without passengers, there's still some protection provided by Uber.

Don't worry, you're not completely unprotected during Period 1 - make sure to familiarize yourself with your rights. You have options - just make sure you understand them well before starting down this path.

Injuries to Non-Passengers Caused by Uber Drivers

The emergence of Uber has created a convenient way to travel, yet it also brought with it an increase in incidents. Not just passengers, but pedestrians and bystanders are at risk too.

The challenge lies in the gray area of responsibility. Who is liable when an innocent bystander gets injured due to an Uber driver's negligence? Is it solely on the driver or does Uber share some blame?

Determining Liability for Non-Passenger Injuries

The answer isn't straightforward. As per California law, if you're hit by an at-fault Uber driver while they're working, you may be able to file a claim against their insurance policy.

But this depends on several factors such as whether the app was turned on and if they were waiting for a ride request or en route with a passenger.

Ride-Sharing Accidents - A Complex Maze

Filing claims can become complex because multiple parties might be involved. The case could involve not only the individual drivers but also corporate entities like Uber itself.

This complexity often leads victims towards seeking legal help from Los Angeles Uber accident attorneys experienced in handling cases related to ride-share companies.

The Challenges of Suing Uber Directly for Injuries

It's not a walk in the park to sue a corporate giant like Uber. This is because they've carefully crafted their terms and conditions to protect themselves.

Riders agree, often unknowingly, that they won't hold Uber accountable for accidents when they sign up. But this doesn't mean it's impossible to make a successful claim against them.

Proving Uber's Fault

To win your case, you need strong evidence showing that either Uber or its driver was at fault. This could include dashcam footage or witness statements.

A critical factor is whether the driver was "on the clock". If an accident happens while an app-ordered ride is in progress, it's easier to establish liability on part of the company than if there were no passengers involved.

In cases where drivers are logged into the app but haven't yet picked up passengers, things can get tricky as personal insurance might apply instead of Uber's policy.

If suing directly seems daunting, another route involves pursuing compensation through insurance policies. Navigating these waters can be challenging due to overlapping policies between drivers' personal insurances and those provided by Uber itself.

When you're involved in an Uber accident, it can feel like a maze. Don't fret - we're here to guide you through the process. Ride-hailing services like Uber possess distinct insurance plans that are activated if one of their drivers is responsible for an accident.

This coverage goes up to $1 million for bodily injury or death per incident - quite a substantial sum. Yet, as impressive as this figure may seem, things get tricky when trying to make a claim against these policies.

The Role of Personal Injury Attorneys

An experienced personal injury attorney comes into play here because they understand how to navigate through such complex claim processes effectively and efficiently. They are adept at handling negotiations with large corporations' legal teams and aren't afraid to go toe-to-toe with them if needed.

In addition, rideshare attorneys will help gather necessary evidence required by law firms representing Uber or its driver during investigations on liability issues. Their role becomes even more critical when injuries sustained from the accident require long-term medical treatment or result in permanent disability since determining future expenses is often complicated and needs expert analysis.

To simplify things: If you're hurt in an Uber-related crash within California's boundaries (or anywhere else), seeking professional legal advice should be high on your priority list.

The Impact of Ride-Sharing Services on Road Safety

Uber and other ridesharing services have made travel much more convenient. However, their rise brings forth genuine concerns about road safety.

Uber Accidents Statistics

A study by the American Journal of Epidemiology showed an increase in fatal accidents since the advent of ride-sharing services. A report revealed that each year, fatalities resulting from vehicle collisions had risen by a range of two to four percent.

The NHTSA reported that in 2023, over 36,000 people died in motor vehicle crashes in the U.S., and even a small percentage increase due to ride-sharing services can lead to hundreds more fatalities annually.

An analysis from the University of Chicago and Rice University also found that cities where Uber or Lyft operate had a roughly 3% increase in car accident-related deaths compared to those without these services. This data suggests there's definitely room for improvement when it comes to ensuring rider safety within these platforms.

The reasons behind this trend are complex - everything from driver fatigue because they're working long hours trying make ends meet, distracted driving while using app-based navigation systems can play roles here. What's clear is that as consumers increasingly rely on ride-hailing apps for transportation needs, road safety should be taken seriously both by companies and regulatory bodies alike.

FAQs in Relation to Can I Sue Uber after a Car accident in California?

Does Uber give you money when you're in an accident?

Uber's insurance policy may cover damages if the driver was at fault or if another party is underinsured. Compensation for an Uber accident varies by case.

How do I get my Uber settlement money?

To get your Uber settlement, cooperate with investigators and lawyers handling your claim. Patience is key as these processes can take time.

What are the lawsuits against Uber?

Lawsuits against Uber typically involve accidents, wage disputes, discrimination claims, privacy issues or violations of local laws regarding ride-hailing services.

How long after a car accident can you sue in California?

In California, you have two years from the date of the accident to file a personal injury lawsuit according to state law.

Get Help From Experienced Uber Accident Lawyers

Can you sue Uber after a car accident in California? Yes, but it's complex. Understanding who was at fault and the insurance implications is key.

The road to justice isn't easy, yet with knowledge of passenger safety regulations and under-insured accidents, your path becomes clearer.

Navigating the complexities is challenging; however, personal injury attorneys can be invaluable allies. They help guide you through proving Uber's liability or filing claims against an at-fault driver.

Remember that ride-sharing services have reshaped our roads' safety landscape. Awareness of this impact empowers us all to make safer choices when using these platforms.

For those who have been injured in an Uber accident, contact Vaziri Law Group, APC for a free consultation today. Our attorneys have helped injury victims obtain more than $1 Billion in compensation since 2006 and have a 98% success rate. Call or fill out or form for assistance.

About the Author

Siamak Vaziri

Attorney Siamak Vaziri’s mission is to help make his clients whole by obtaining maximum physical, emotional, and financial recovery. Mr. Vaziri’s clients' needs come first, evidenced by his 98% success rate, more than $1 Billion in client settlements and verdicts, as well as 100+ 5-star reviews. Mr. Vaziri invests every resource to nurture his client and partner relationships and does so with integrity and a relentless work ethic.

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