Houston Uber Accident Lawyer

What happens if your Uber has an accident?

Being involved in an Uber accident can be a disorienting experience — even more so than a normal car accident. Who exchanges information? Who do you call? What do you do? Immediately after the accident, you should treat it the same as you would any car accident, which means doing the following:

1. Seek medical attention, no matter how normal you may feel afterward.
2. Report the accident to the police, and get a copy of the police report. 
3. If your injuries permit, gather evidence at the scene, including photos, videos, insurance information, witness statements, and your driver’s contact info. 
4. Call a Houston Uber accident lawyer before you talk to Uber or the insurance company. 

While it may seem counterintuitive to delay talking to Uber or the insurance companies, what you need to remember is that these are massive corporations whose number one interest is protecting their bottom line. You cannot count on them to give you what you deserve after an accident, especially when it comes to rideshare accidents, in which there is enough complexity for anyone to get lost.

What makes rideshare accidents difficult?

Rideshare accidents are more complicated than regular car accidents because of the multiple parties involved. Depending on the circumstances, liability may fall on the Uber driver, another driver, or Uber itself. 

Determining which insurance policy applies — whether it's the driver's personal insurance or Uber’s $1 million liability coverage — adds another layer of complexity to the already murky waters of establishing liability in car accidents. 

Uber drivers are required to carry their own auto insurance, but Uber also provides coverage which either does or does not apply, depending on the driver’s status at the time of the crash. This can make it difficult to know which policy will cover your injuries, especially when large corporations and their larger teams of lawyers often try to shift blame.

Rideshare drivers are independent contractors

One of the major reasons these special complexities exist for rideshare accident cases is that Uber drivers are classified as independent contractors, not employees. This classification limits Uber’s liability in most cases because it allows the company to argue that they aren’t responsible for the actions of their drivers. 

As independent contractors, Uber drivers work for themselves and aren’t subject to the same level of control as traditional employees. Uber does provide some coverage for its employees, depending on the driver’s status at the time of the accident.

The three possibilities for your Uber accident claim

It is important to note that the following scenarios apply only if your ride share driver is at fault for the accident — the same scenarios can apply if you’re involved in an accident in your own vehicle with a rideshare driver’s vehicle as well, as long as they are still at fault.

The biggest determining factor in whether or not your claim will be against your driver’s personal insurance or against Uber or Lyft themselves is what the status of your driver was at the time of the accident. There are essentially three possibilities here:

1. If the driver was waiting for a ride request, insurance from the rideshare company will be limited. This will mean that your claim will either be with the driver’s personal insurance or the rideshare company’s limited insurance, which may provide up to $50,000 per person and $100,000 per accident in bodily injury coverage.
2. If the driver was en route to pick up a passenger, the higher liability insurance should kick in, meaning you can make a claim against Lyft or Uber’s $1 million liability coverage.
3. If you were a passenger in the Uber, or the Uber was actively transporting a passenger, Lyft or Uber’s $1 million liability coverage should apply and cover your injuries. 

Each of these scenarios will require a different approach from your rideshare accident attorney. While Uber’s $1 million policy may seem like a boon, remember that these large corporations do everything in their power to limit what you take home, so working with a skilled accident attorney is all the more important. 

Are Uber drivers liable in car accidents?

At the heart of what makes Uber and Lyft accident claims so much more complicated is the issue of liability. In many cases, the Uber drivers themselves should be liable for the accident, especially if they were negligent or reckless — but there is always the question of whether the driver’s personal insurance or Uber’s corporate insurance applies, and this will depend on their status when the accident occurred.

The driver's insurance coverage might depend on things like whether or not they were logged into the app at the time of the crash and whether they were actively transporting or just en route to pick up passengers. If the driver was not logged into the Uber app at the time of the accident, their personal insurance policy will likely apply. If they were logged in and actively on a trip, Uber’s insurance may provide coverage. 

The only way to be sure is to work with an experienced rideshare accident lawyer in Houston, who can make sure you’re getting everything you can to aid with your recovery.

Can I sue Uber as a passenger?

Because Uber protects itself from liability through its independent contractor model, it can be hard to sue Uber itself for your injuries, but this doesn’t mean that you can’t be compensated. What is much more likely to happen, instead of suing Uber, is that you and your attorney will file a claim against Uber’s significant insurance policy.

Uber’s insurance may cover:

• Medical expenses
• Lost wages
• Pain and suffering
• Property damage
• And more

If your claim is unfairly rejected or their offer fails to cover the true cost of your injuries, then your attorney may consider filing a personal injury lawsuit against either Uber or the insurance company itself.

Why you need a Houston Uber accident lawyer

Uber accident claims can get complicated quickly, especially when multiple insurance companies are involved. You need a Houston car accident lawyer who understands the nuances of rideshare company insurance policies and can advocate for you in negotiations with Uber or Lyft, the driver’s insurance, and other potential parties. A dedicated Houston accident lawyer can help you:

• Help make decisions about which insurance policy applies.
• Gather evidence to build a strong case and prove liability.
• Determine the true cost of your injuries.
• Negotiate with Uber or the driver’s insurance company.
• Help ensure that you are fairly compensated in a settlement, or take them to court in a personal injury lawsuit.

Going up against the big companies on your own is a near-impossible task. Give yourself a chance by hiring a trusted Houston personal injury lawyer with experience getting policy limits in Uber accident claims.

Injured in a rideshare accident in Houston? Call Calderon Law Firm today.

Sorting out the aftermath of an Uber accident can feel overwhelming, but you don’t have to face it alone. Whether you were a passenger, a pedestrian, or were in another vehicle that was hit by an Uber, you deserve time for recovery and fair compensation. 

Because Uber accidents can be so complex, make sure you hire a Houston Uber accident lawyer with experience handling rideshare accident cases, like Calderon Law Firm. 

Calderon Law Firm, following the example of our founder, Jose Calderon, is committed to standing up for your rights and guiding you through every step of the process so that you can get to a better place. You focus on healing, and we’ll handle the hard stuff. 

Whether you need a Houston truck accident lawyer or an attorney for work injuries, Calderon is here to take care of you. Call us at (346) 999-5673 or contact us online today for a free consultation.