How Much is My Uber Accident Claim Worth?
Uber was first founded in 2009 by Garrett Camp and Travis Kalanick after they spent $800 hiring a private driver and wanted to find a way to reduce the cost of direct transportation. After realizing that sharing that cost with people could potentially make it affordable, the idea morphed into Uber. Uber officially launched in San Francisco in 2011, changing the name from UberCab to simply Uber. By 2012, Uber launched in Chicago, and ridesharing began a drastic upward trend.
With more and more Uber and Lyft vehicles on the roadways, it stands to reason there will also be more Uber accidents. If you’ve been involved in an Uber accident in Pennsylvania, you may wonder how much your claim is worth. Uber accidents can be much more complex. Therefore, more difficult to determine the exact damage amount. It is also more difficult to determine liability.
For years, Uber did not provide any auto insurance for its drivers, choosing to classify them not as employees but rather as independent contractors. Then, in 2013, a young child was hit by an Uber driver and later died from the injuries. The accident occurred in San Francisco, and the child’s family filed a wrongful death claim against Uber. California lawmakers passed laws requiring rideshare companies to provide some level of insurance for their drivers—even though the drivers were still required to carry the minimum required insurance.
Uber injury claims—like any personal injury auto claims—hinge on your ability to show fault or negligence. If your Uber driver was negligent, and that negligence was responsible for the accident, then how you pursue damages will depend first on what type of Pennsylvania no-fault insurance you have. If you have chosen limited tort insurance, you will first file against your insurance for your injuries, lost wages, and vehicle damage.
Suppose your injuries are severe or disfiguring or disabling. In that case, you will then file against the at-fault driver’s auto insurance to pay your damages up to the limitations of the driver’s policy. If your injuries are catastrophic, Uber insurance should pay damages over and above the amount paid by the Uber driver’s insurance. If your insurance is full tort, you would immediately file against the Uber driver’s insurance.
If the accident was the fault of another driver, you would pursue damages through that driver’s insurance company after using your own limited tort insurance—or immediately if you have full tort insurance—then through Uber’s insurance if your damages exceed the third-party’s insurance limits. If the third party is uninsured, you might have to file on your own uninsured/underinsured policy (if you carry it) or through Uber’s uninsured motorist coverage.
What Damages Are You Entitled to Following an Uber Accident?
Auto accident damages fall into two categories: Economic and non-economic. Economic damages can be easily quantified—that is, a specific monetary figure is attached. Medical expenses and lost wages are economic damages. This includes any medical treatment you’ve received to this point as well as any medical treatment you will need in the future.
Medical treatments include ambulance costs, physician costs, surgical and hospital costs, prescription drug costs, and rehabilitative therapy costs. Lost wages include wages you have lost since the accident and future lost wages if your injuries are so severe, you may not be able to return to work for months or even years. Lost future wages are sometimes called “diminished earning capacity.”
Pain and suffering—emotional damages resulting from the accident—are considered non-economic damages because they are more difficult to place an exact financial number on. The “pain” in pain and suffering can include physical pain and discomfort resulting from your injuries and emotional pain, such as anxiety, depression, sleeplessness, and PTSD.
Pain and suffering can also include your inability to perform certain tasks that you could once do or engage in certain activities as a result of your injuries. Pain and suffering damages are calculated in many different ways; ask your attorney how your pain and suffering damages will be calculated. Your pain and suffering damages will depend on many different factors, including:
- How serious your injuries resulting from the Uber accident are
- The likelihood of whether you will require continuing medical interventions and rehabilitative therapies
- Whether liability is clear
- The length of your recovery
- Whether any of your injuries are permanent
- Whether you suffered disfigurement that will likely be permanent
- Whether you will be able to return to work at some point
Who Is Financially Responsible for My Uber Injuries?
Where the financial responsibility for your Uber injuries will lie depends largely on who was responsible for the accident. A police report might determine liability if it was clear who was at fault for the accident.
In some cases, the “black box” on the vehicles may be examined to determine the speed the vehicles involved were traveling or whether any vehicles braked hard before the accident. Uber’s insurance is unlikely to come into play unless the injuries are severe enough to cause catastrophic injuries that will not be covered by the Uber driver’s insurance or a third-party’s insurance policy.
Your Responsibility to Mitigate Damages
When you file a rideshare injury insurance claim, you ask the defendant to compensate you for your injuries and other damages. Because of this, your legal obligation is to keep your damages to a reasonable minimum. This includes immediately seeking medical attention and following all the medical instructions given to you by your doctor. If you don’t do your part to recover from your injuries, the insurance company will try not to pay all your medical expenses.
Why Do I Need a Lawyer for My Uber Accident Claim?
If your Uber accident caused extensive injuries, you must speak to an experienced Pennsylvania personal injury attorney as quickly as possible. Remember—Uber is a huge company with teams of expensive lawyers on retainer. Trying to handle your claim without a knowledgeable attorney would put you at a distinct disadvantage. Your attorney will evaluate your claim, gather evidence, and comprehensively assess your options.
They will then file your insurance claim based on the determination of liability, negotiate with the insurance company, and be your advocate throughout the process. If your claim goes to court, your attorney will skillfully represent you during the court process. It is easy to feel overwhelmed following an uber accident since rideshare injury cases tend to have an added layer of complexities. Talk to an experienced attorney from Ciccarelli Law Offices to ensure you receive a fair settlement for your Uber accident injuries.
If you suffered an injury in an Uber accident in Pennsylvania, you need a dedicated law firm on your side with the experience and resources to tackle these complex cases. At Ciccarelli Law Offices, we are not afraid to go toe-to-toe with large rideshare companies. This tenacity makes us an ideal choice for injured accident victims and families seeking recovery.