If you are riding in a vehicle owned by an Uber driver, and you are injured while you are in route to your destination, it is possible to recover damages from not only the driver, but also the company Uber as well. There are some stipulations to consider where it may not be possible to get money directly from Uber, at least not the full amount. Here are a few things to consider if you are ever in an accident with an Uber driver, whether they were at fault or not.
Can You Sue Uber?
First of all, let’s address the issue of whether or not it is possible to actually sue Uber. At one point, the company did not have any type of insurance and people were forced to go after the driver and his car insurance provider. As a result of California Vehicle Code Section 5430, they are now required to carry $1 million in property damage, personal injury and life insurance on each person that enters the vehicles. This is an improvement, one that allows people to receive some type of compensation if they are ever injured in this way.
Can You Sue The Driver?
It is certainly possible to sue any driver that is at fault for an accident that you are involved in. If you have an attorney, they will likely go after the driver as well. They will have insurance so they can drive for Uber, and this is the company that your attorney will go after. Where the litigation gets confusing is how a judge will determine where you will get your settlement from. Will you get this from the insurance provider for the driver, or will you get it from Uber or even both? This is something that is decided by the judge at the time of the trial, or can be settled out of court when using an attorney that is able to negotiate with either or both companies. One final consideration to make is whether or not you can sue if you have been injured by an Uber driver, yet you were not being picked up by them, nor were they actually providing Uber services at the time. According to certain cases that have been filed, it is possible that Uber would not be at fault, even though it is one of the people that work for them driving a car that is designated for picking up and dropping off people. Other than that, the laws very straightforward on the fact that you can sue Uber, which is why they have those mandatory insurance policies.
Once you step out of the realm of it simply being one driver hitting another driver, it becomes very complex. It’s also more difficult with Uber because these are not designated fleet vehicles such as people would be driving if they worked for a trucking company. Despite all of this, it should be very easy to present the police report, hospital information if any, and pursue some type of litigation against this company. You should be able to recover some damages, and receive a settlement, if you are ever injured as a result of the negligence of an Uber driver.