Due to the nature of Uber’s corporate structure and insurance policy, suing the company for injuries sustained in a rideshare accident can be difficult. But sometimes, an Uber accident lawyer in Los Angeles can help you sue a driver. The Law Offices of Jacob Emrani have helped many clients who’ve been injured in Uber accidents. We’ll explain how to go about suing a driver and receiving compensation.
Is Uber’s Insurance Policy Enough?
Under the rideshare company’s insurance policy, a victim of an Uber accident can be compensated up to $1 million for losses. Most passengers won’t need to sue the driver. Filing a claim with Uber’s insurance often leads to enough compensation to cover medical expenses, lost wages, and pain and suffering. It can also cover property damage.
Uber’s insurance policy applies if an accident occurs when the driver is on the clock during the crash. If the driver’s app wasn’t active when the crash occurred, your auto insurance policy may cover damages. However, some personal injury cases are more complex due to the nature of a victim’s injuries, which may involve costly medical bills, ongoing care, at-home medical equipment, future lost income, decreased quality of life, and sometimes funeral, memorial, and other costs associated with the death of a loved one.
How to Sue an Uber Driver
Filing a lawsuit against Uber isn’t an option because its drivers are independent contractors. A driver is not an employee of the company. Uber describes itself as a service that connects passengers with independent drivers. Unless the company was negligent in screening a driver, you have no grounds to sue the company under the law.
However, Uber’s insurance policy won’t apply if the driver was off-duty at the time of the accident. Drivers are considered off-duty when not logged into the app or transporting passengers on a requested trip. That doesn’t eliminate the possibility of being compensated. You can file an insurance claim if:
- You Suffer Extensive Injuries: If you’re severely injured, hospital expenses can add up to hundreds of thousands of dollars. You can attempt to sue an Uber driver if expenses go beyond their policy coverage limits. However, a judgment most likely won’t lead to a higher payout because most Uber drivers don’t have the finances or assets to pay.
- The Driver Was Off the Clock: If the driver’s app wasn’t on or active, you can seek compensation from their personal auto insurance. In California, the personal minimum liability coverage is only $15,000, which is not enough to cover treatment for severe injuries or even a day at a hospital. Again, a personal injury lawsuit will only be beneficial if the driver has substantial assets.
- Uber’s Insurance Company Lowballs You: You may seek compensation from an Uber driver if the rideshare’s insurance company doesn’t acknowledge the validity of your claim. We can help file a lawsuit that names the Uber driver as a defendant. The insurer may offer a reasonable settlement upon receiving a demand letter or evidence of your injuries. In some cases, the insurer won’t offer a reasonable settlement without a trial; but oftentimes, a settlement is reached before a trial begins or reaches a conclusion.
Suing an Uber driver doesn’t guarantee a higher settlement payout. If Uber’s insurance policy doesn’t cover your injuries or offers less than you deserve, then you need an Uber accident lawyer in Los Angeles to get the full amount you’re entitled to.
Call Jacob, an Experienced Uber Accident Lawyer in Los Angeles
In addition to up to $1 million in liability coverage, Uber’s insurance can cover up to $50,000 in bodily injury per person and up to $100,000 in bodily injury per accident. You have the right to file a lawsuit if you’re injured in a crash caused by an Uber driver. While we suggest following our Uber safety tips, not every accident can be avoided. If you or a loved one has been in an Uber accident and injured, let us fight for maximum compensation. Contact us for your free consultation.