Uber is not infallible when it comes to car crashes and as a passenger you have every right to sue the company in case you are in one with them. That’s because they owe you a duty of care so if you are harmed in an accident while using Uber, you can claim damages.
Unfortunately, most victims are completely unaware of these. Believe it or not you are actually considered an innocent bystander in such cases and as such have the complete right to take them to court.
In case you have been in an accident while using rideshare services you can access their insurance policy immediately. But this will not be effective if the app for the service was on at the time of the crash.
Like common carriers such as bus drivers and train conductors, rideshare drivers such as those at Uber owe the highest level of care for their passengers which is higher than those set for other motorists. New laws have ensured that all rideshare companies provide their riders insurance policies amounting to at least $1 million.
However, if you are a pedestrian and are hit by one of these drivers in their rideshare vehicle, you need to prove that they were negligent in their driving to claim damages. You need to prove liability and damages i.e. how badly you were injured in the hit.
You might have difficulty recovering damages from the driver if he/she only has an auto insurance policy since these do not cover drivers who are part of commercial operations. This includes all rideshare companies who carry passengers for a living.
As a victim of personal injury you have the right to seek financial recover from all of the damages you incurred according to some factors. These include:
- The extent of your injuries
- The medical expenses that will cover said injuries and recover periods
- Loss of income
- Property damage
- Loss of future earning potential
- Permanent disability aid if required.
- Emotional distress from the pain and the experience
The court may also award you punitive damages if it is proven that you were injured because of the negligent actions of the rideshare driver. For example if the driver was drunk or was speeding in excess of the required limit, then you can sue them for negligence.
Did you suffer an accident? Call Attorney Javier Marcos
Attorney Javier Marcos has years of experience defending the victims of negligent driving and helping them claim the damages they are due. This includes suing rideshare companies or drivers who work with them to ensure our clients are taken care of post accident and they remain comfortable body and mind with their injuries post accident.
Yes, you have every right to claim damages if you are injured while using this service as well. That is the reason why Uber came out with those insurance policies in the first place. If you are the victim in one or are being blamed unfairly, just give us a call and we will give you a free consultation prior to setting an attorney for you.
Call Attorney Javier Marcos at 713.999.4444 for a free consultation. There is no payment unless we win the case.