How to sue an Uber driver if you were a passenger during an accident￼
December 20, 2021 by Gore & Kuperman
Rideshare apps have made it so simple to get from one place to another. It’s a great service for travelers or vacationers.
When you get in the vehicle, you expect to get to your destination safely. Sometimes, that isn’t the case though and you suffer injuries at the hands of the driver that you trusted to take care of you.
Passengers in Uber or other rideshare services at the time of an accident that suffer an injury have a right to sue the Uber driver. We’ll explain your rights when it comes to rideshare services and what to do if you’re injured as a passenger in one of these vehicles.
Your rights when it comes to rideshare services
Rideshare drivers have the same responsibility as other drivers on the road. They must follow all posted signage, speed limits and laws. Choosing to follow too closely or losing control of their vehicle due to not maintaining safe speeds are both examples of ways rideshare drivers can cause accidents.
In some rare circumstances, rideshare drivers have made the decision to pick up passengers, even when the driver is under the influence of drugs or alcohol. In these cases, they are still guilty of a DUI like any other driver would be, but they’ll face even worse penalties for driving commercially while under the influence.
Virginia law mandates that all professional drivers carry insurance. This includes rideshare drivers. Regular, non-commercial drivers must carry insurance of $25,000 per person, per accident. However, Uber drivers must have $1 million in coverage.
How to sue an Uber driver
If you were a passenger in a rideshare vehicle during an accident, you should meet with a Virginia car accident attorney. Your attorney will review the details of the accident and provide an expert opinion on the case.
Most of the time, we’re able to resolve car accident cases without filing a lawsuit. Our office will work with you to come up with a fair settlement amount. Then, we’ll negotiate with the Uber driver’s insurance company.
During negotiations, we’ll provide the insurance company with proof of your economic losses, including medical expenses and missed work. Additionally, we’ll provide evidence that you underwent pain and suffering due to the accident and should be compensated for that as well.
A great reason to hire an attorney is to make it clear to the insurance company that you will file a lawsuit if you need to. Without an attorney, it looks more like you’re focused only on negotiating a settlement out of court. That can give the insurance company more leverage to offer a lower settlement.
If we’re unable to reach a settlement with out-of-court negotiations, we’ll move forward with filing a lawsuit in your name.
What to do if you’re injured as a passenger in a rideshare
If you’re injured as a passenger in a rideshare, you should follow the same steps as you would if you were another driver involved in the accident. This includes gathering information about the drivers involved and documenting the scene.
Even though you weren’t operating a vehicle at the time of the accident, you still have a right to pursue damages from a rideshare accident if you were a passenger. Here’s a look at what you should do after a rideshare accident.
- Collect information for all drivers involved. This includes both your rideshare driver and any other drivers involved in the accident. You might discover that the rideshare driver was not at fault for the accident. In that case, you’d file a claim against the other driver involved. You’ll want photos of their licenses and insurance cards.
- Document the scene. If you’re well enough to do so, take photos of the vehicles and their damage. Photograph the intersection or area where the accident took place. Another party that could be at fault for your accident is the local municipality. Failing to maintain roads or causing obstructed views can cause an accident. In that case, the local government might be at fault.
- Get a medical checkup as soon as possible or go to the hospital. The longer you wait to get a medical exam, the more chance there is that the insurance company will challenge your claim. When time goes between the accident and a medical diagnosis, it calls into question the cause of the medical condition.
Don’t wait around for corporate Uber or other rideshare services to contact you after an accident. You’ll need to take matters into your own hands if you want your medical bills paid. Contact Gore & Kuperman for a free case evaluation.
Contact us for a free case evaluation.