Can You Sue Uber for a Car Accident?
You can sue both the driver and Uber for a car accident injury. In fact, according to experts, Uber recently came one step closer to a real employer-employee relationship. Uber drivers are classified as independent contractors, but unhappy employees filed a class-action lawsuit to become employees. Uber drivers have long sought the protections and benefits offered to other companies’ employees. The action, filed under the Fair Labor Standards Act, was conditionally certified by a federal court judge.
But, beyond what happens behind closed doors, you as a passenger care about what happens when the car you are into gets into an accident. Let’s see what you should do and know!
Different Legal Standing
Usually, independent contractors must fight their own legal battles. Most of the time, you would sue the driver of one of these ride-sharing services. As independent contractors, drivers are held liable for any auto accidents that result in property damage, injuries, or death. Uber had successfully used this legal technicality to deny any company responsibility — most notably in a 2014 San Francisco case when an Uber driver killed a 6-year-old pedestrian.
You can certainly sue Uber under the right circumstances. It’s more difficult to win a lawsuit against a company based on the actions of an independent contractor. However, it can be done. Some state laws make it easier to win such a case than others.
What to Do After an Uber Accident Injury
If able to do so, call 911 and start taking pictures of the wreck. Here are the immediate steps you should take:
● First, write down the names and contact information of both drivers and any accident witnesses.
● Next, take screenshots of your Uber-scheduled ride and your receipt.
● Get the driver’s license numbers and insurance information.
● Finally, write down any details about the trip, including any information suggesting the driver was backed up and busy.
You should also hire an attorney immediately and make sure you get a law firm in the city where the accident occurred. For instance, after sustaining an Uber accident injury in Long Island, you should immediately contact a Long Island car accident attorney. A skilled personal injury attorney could help you find grounds to tap into Uber’s resources for covering accident settlements. It is important to find attorneys familiar with state and even city laws before you take the legal route.
Ask your lawyer to send a letter to Uber headquarters to demand that records of the incident be preserved. In some states, a ride-sharing company can be sued just for failing to preserve data on request.
Insurance Coverage that Both Lyft and Uber Carry
Your lawyer should immediately send preservation of evidence letters (also called spoliation letters) to Uber/Lyft and the driver to ensure they preserve all the data related to your ride, says Butler. Depending on state law, the ride-sharing company could be sued if it fails to preserve that data.
These are critical steps because both Uber and Lyft carry a backup policy to cover expenses not covered by their driver’s insurance. Common bodily injury insurance coverage is limited to $25,000 in most cases. However, most drivers carry standard liability policies, and you might recognize 25–50–20 coverage on any policy.
That means bodily injury coverage provides $25,000 protection for each injured person. The driver is protected up to $50,000, and property damage coverage is limited to $20,000. Lyft and Uber carry additional protection for bodily injuries up to $1,000,000. If Uber coverage doesn’t pay all the bills, you can file for the shortfall with Uber’s insurance company.
Walking a Fine Line
Uber’s business model has impressed other companies who are using it for their businesses. However, lawsuits like the class-action lawsuit against Uber are likely to continue. People don’t say I’m going to call Joey for an Uber ride. Most people call Uber generically for the first available driver. Uber advertises its services heavily, and they impose all kinds of restrictions on their drivers. It seems a relatively fine line when Uber claims it hires independent contractors when the drivers have little or no independence.
There’s always the possibility that you can prove negligence on Uber’s part to open the full benefits of a lawsuit that include money for pain and suffering, emotional distress, losses of consortium and companionship, and punitive damages if warranted. Negligence might include failing to enforce regulations to inspect vehicles and ensure safety in a late model car. Putting heavy pressure on drivers and overworking them could also be grounds for suing Uber.
Uber’s surge pricing receives lots of criticism, but it could be evidence that the company functions as an employer. Independent contractors don’t micromanage or even manage their policies.
In other words, before you take any legal action against your Uber driver or the company itself, talk to your attorney and analyze all your options.
