Rideshare services like Uber offer convenience and accessibility, but accidents involving these vehicles can lead to significant physical, psychological, and financial challenges. If you have been injured in an Uber accident, you may be unsure of how to proceed. These cases can be far more complex than standard car accident claims due to the unique insurance issues involved.
Determining liability, dealing with multiple insurance policies, and navigating Uber’s corporate policies can be overwhelming for victims. Working with an Uber accident attorney from Carew Garcia Bohuslav Law, PLLC with 20+ years of trial experience can make all the difference, ensuring your rights are protected and you receive the compensation you deserve. Contact us to schedule a free consultation with your dedicated and in-demand car accident lawyer today and learn more about what your next steps should be.
Legal Challenges in Rideshare Accident Claims
Rideshare accident cases involve unique legal hurdles that set them apart from typical car accidents. Understanding these challenges is key to pursuing a successful claim. Some of the most common challenges rideshare accident victims face include insurance coverage complexities, disputed liability, and corporate protections. Here is more:
Insurance Coverage Complexities
Uber drivers operate under different insurance policies depending on their status at the time of the accident. For example:
- Actively transporting a passenger – Uber offers up to $1 million in liability coverage, as well as uninsured/underinsured motorist protection according to Uber’s insurance guidelines.
- Logged into the Uber app but without a passenger – Uber provides limited liability coverage, which may cover damages if the driver’s personal insurance is insufficient.
- Offline or driving for personal use – The driver’s personal auto insurance applies.
Determining which policy applies requires a thorough investigation into the driver’s activity at the time of the crash.
Disputed Liability
Liability in rideshare accidents can involve multiple parties, including the Uber driver, other motorists, or even Uber itself. Insurance companies often dispute liability to minimize their payouts, which is why it is so important to gather compelling evidence to support your case.
Corporate Protections
Uber’s legal team is well-versed in protecting the company’s interests. They may deny liability for the driver’s actions, claiming the driver is an independent contractor rather than an employee. This distinction may influence your ability to hold Uber accountable.
Why Hire an Uber Accident Attorney for Help
Hiring an Uber accident attorney from Carew Garcia Bohuslav Law, PLLC offers significant benefits, particularly when dealing with the complexities of a rideshare claim:
- Accurate assessment of your damages and losses
- Determination of liability
- Extensive legal experience
- Negotiation skills
- Trial representation
How We Build a Powerful Case Against the Liable Party
Building a strong case after an Uber accident requires a comprehensive investigation into the cause of the collision. Here are the key steps we might take:
Gathering Evidence
Our team will collect critical evidence to support your claim, such as:
- Police reports and accident documentation
- Photos and videos of the accident scene and vehicle damage
- Witness statements and contact information
- Medical records detailing your injuries and treatment
Analyzing Insurance Policies
We will review Uber’s insurance policies, the driver’s personal insurance, and any applicable third-party policies to determine the most appropriate source of compensation.
Consulting Experts
Expert witnesses, such as accident reconstruction specialists and medical professionals may be consulted to build the strongest case possible.
Negotiating With Insurers
We will communicate directly with the insurance companies involved, advocating for a fair settlement that accounts for your full damages.
Litigating When Necessary
If negotiations fail, your personal injury attorney is prepared to take your case to court, presenting compelling evidence and arguments to secure the compensation you deserve.
Types of Compensation for Uber Accident Victims in Texas
If you have been injured in an Uber accident, you may be entitled to various forms of compensation. These damages can help cover the financial and emotional impact of the crash:
Economic Damages
- Diminished earning potential – If your injuries prevent you from returning to your previous job or earning at the same level.
- Loss of income – Compensation for time missed from work due to your injuries.
- Medical expenses – Current and future costs for hospital stays, surgeries, rehabilitation, and medications.
- Property damages – Costs to repair or replace your vehicle and other personal property.
Non-Economic Damages
- Emotional trauma – Compensation for anxiety, depression, or PTSD resulting from the accident.
- Loss of consortium – Damages for your inability to have an intimate spousal relationship.
- Loss of enjoyment of life – Damages for the impact your injuries have had on your quality of life.
- Pain and suffering – Compensation for physical pain, mental anguish, and emotional distress.
Punitive Damages
In cases involving gross negligence or intentional misconduct, you may also be awarded punitive damages, which are intended to punish the at-fault party and deter similar behavior according to Tex. Civ. Prac. & Rem. Code § 41.001.
Uber Accident FAQ
How long do I have to file an Uber accident claim?
In Texas, the statute of limitations for personal injury claims is generally two years from the date of the accident per Tex. Civ. Pract. & Proc. Code § 16.003. Acting promptly is critical to preserving your right to compensation.
Does Uber cover my medical bills after an accident?
Uber provides liability coverage for drivers while they are on the app, but determining whether their policy applies to your case depends on the circumstances.
Can I sue Uber directly?
Suing Uber can be challenging, as they often argue that their drivers are independent contractors. However, we can explore all legal avenues to hold Uber accountable if their liability contributed to your collision.
What if another driver caused the accident?
If another driver is at fault, you can file a claim against their insurance. We will establish liability and pursue compensation from the appropriate parties.
Connect With a Solutions-Driven Texas Uber Accident Attorney for Help Today
The trauma of your Uber accident can be exhausting, but with the resources and support of a top-rated Uber accident attorney with Carew Garcia Bohuslav Law, PLLC, you can get through these difficult times and avoid financial ruin.
We will stop at nothing to help rideshare accident victims navigate the complexities of the insurance claims process and hold every at-fault party accountable for their negligent actions. Contact us today for a no-cost, risk-free consultation and discuss the specific circumstances of your case. You can reach us through our secured contact form or by phone to get started.