Ridesharing might have taken the transportation industry by storm, but it is far from a perfect service. The largest rideshare company, Uber, has a history of thousands of automobile accidents – and many fatalities – after only a few years. If you take an Uber in San Antonio only to suffer serious personal injuries in an accident, find out if and when you could file a lawsuit against the rideshare company.
Filing a Claim With Uber’s Insurance Policy
While it is not a lawsuit, you may be able to recover compensation through an insurance claim from Uber’s $1 million policy. An insurance claim can be faster and easier to resolve than a personal injury lawsuit. You may qualify for coverage under Uber’s liability insurance if the Uber driver who caused your crash was working at the time. Uber will verify whether the driver was logged into the app. If so, Uber should offer coverage for your medical bills and property damages according to policy limits.
- Up to $50,000 in bodily injury liability coverage per person, $100,000 per accident and $25,000 in property damage liability if the Uber driver was logged in and waiting for a ride request.
- At least $1 million in coverage (the amount varies by state) in bodily injury and property damage liability insurance while the Uber driver is en route to collect the rider as well as during the trip.
- Varying limits in uninsured or underinsured motorist bodily injury coverage while the Uber driver is logged into the app.
In most cases, Uber will only provide coverage to injured passengers if the at-fault driver’s personal insurance policy is inadequate to cover damages. Unfortunately, the Uber insurance process is notoriously complex for claimants. Uber and other rideshare companies often try to refute liability for the actions, behaviors and negligence of their drivers. They often succeed due to the classification of their drivers as independent contractors instead of employees. Forcing Uber to treat your claim fairly may take involvement from a San Antonio car accident lawyer.
Bringing a Suit for Company Negligence
You may wish to seek compensation through a lawsuit directly against Uber depending on the circumstances of your accident. If you have reason to believe the Uber driver was grossly negligent, for example, such as by driving drunk, a lawsuit against the company could potentially result in greater compensation for your damages. In most cases involving a hired driver’s negligence, the company will be vicariously liable for damages. Rideshare companies, however, often evade liability through the independent contractor classification.
It is often easier to file a suit against the individual Uber driver rather than the company. The driver will have personal insurance as well as additional coverage through Uber’s $1 million policy to pay your settlement or judgment award. To bring a cause of action naming Uber as the defendant, you must have proof of the company’s liability or fault for your accident.
Uber could be directly responsible for your car accident if it engaged in negligent hiring procedures, such as hiring a driver with a criminal background. Uber is a multibillion-dollar company. It has significant resources to put toward refuting liability for passenger injury claims and Uber driver negligence. It is critical to protect yourself by hiring an experienced car accident lawyer if you wish to go up against Uber in pursuit of compensation for your recent damages.
Filing a lawsuit against Uber, Lyft, another rideshare company or an Uber driver in Texas can be difficult alone. A lawyer can assess your accident, find any available proof of negligence, identify the correct defendant and file your claim for you. Then, your lawyer can enter into aggressive negotiations with Uber or the at-fault driver on your behalf. Working with a San Antonio Uber accident lawyer could make it easier to obtain the recovery you need to move forward.