Uber Accidents and Other Motorists

After an Uber accident, it can be extremely daunting to seek legal assistance. Rideshare accidents often involve complex insurance policies and multiple drivers and passengers. This alone can leave one feeling helpless and overwhelmed.

Fortunately, a rideshare accident attorney has the knowledge, experience, and resources necessary to help you recover the compensation you deserve for your losses. They will manage all the paperwork and legwork associated with filing a claim against the responsible parties to help obtain the maximum reimbursement for any property damage, medical bills, lost wages, etc. As such, if you’ve been injured in a rideshare accident, it is wise to contact a rideshare accident attorney as soon as possible so they can evaluate your situation and work on getting you the justice you deserve.

What Happens When An Uber Driver hits my Car?

When an Uber driver hits your car, you will handle the collision as if it were a “normal” collision between you and another driver. If you have chosen limited tort insurance under Pennsylvania’s no-fault insurance laws, then you will file against your own insurance for your medical expenses, lost wages, and damages to your vehicle. The minimum medical expense limit that can be chosen is $5,000. As you might imagine, if your injuries are very serious, $5,000 would not go very far toward paying for those injuries. If you have limited tort insurance, you can file against the Uber driver’s insurance after your own is exhausted, assuming the Uber driver was at fault.

You cannot ask for pain and suffering damages in a lawsuit unless your injuries are disabling or disfiguring. If you have chosen full tort insurance, you will file against the at-fault driver for your medical expenses and lost wages.

Full tort insurance is more expensive, which is why many drivers choose limited tort insurance. If the Uber driver’s insurance does not fully cover your damages, your attorney may file against Uber to recoup the remainder resulting from the accident. Be aware that you may only file against Uber if the Uber driver had the app on and active and was either on the way to pick up a passenger or already had passengers in the vehicle.

What About Lost Wages and Pain and Suffering Damages?

Lost wages and medical expenses are considered economic or special damages, meaning a specific dollar figure is attached. Lost wages and medical expenses are easily quantified because they are easily calculated. Pain and suffering, on the other hand, can only be asked for under Pennsylvania’s no-fault insurance laws if your injuries are disabling or disfiguring. Pain and suffering damages are for actual physical pain and mental and emotional pain, including depression, anxiety, and PTSD. Pain and suffering damages are considered non-economic or general damages because they are much more difficult to quantify.

Will My Uber Claim Go to Trial?

Unless your Uber accident was extremely severe, causing catastrophic injuries, it is unlikely to go to trial. After your attorney has negotiated with the at-fault driver’s insurance company, if there are many medical expenses, lost wages, future lost wages, and pain and suffering damages remaining, he or she may file against Uber. Your attorney will then negotiate with Uber for an amount that will fully cover your damages. The vast majority of auto accident claims are settled outside of court. Even if your attorney files a lawsuit against Uber and a trial date is set, the case could still settle until the jury renders a verdict. So, while your Uber claim could go to trial, it is not likely.

What if I’m an Uber Driver and Another Driver Hits Me?

If you are an Uber driver and another driver hits you (you are not the at-fault party), then whether Uber will pay for your damages related to the accident will depend on whether you were either on your way to pick up a passenger or you had passengers in the vehicle at the time of the accident. You will file with your own insurance for your medical expenses, lost wages, and damage to your vehicle if you have Pennsylvania’s no-fault limited tort insurance.

If your injuries and lost wages far exceed your own limited tort insurance, you will file against the at-fault driver’s insurance. If the at-fault driver is uninsured or underinsured, or if your damages exceed his or her policy limits and you were on your way to pick up a passenger or had passengers in the vehicle, you can then file against Uber’s insurance. You can only file for pain and suffering damages when the accident left you disabled or disfigured.

How is Liability Determined Following an Uber Accident?

Liability for your Uber accident may be determined in different ways. You should contact the police immediately after your accident. The police will come to the accident scene and speak to all involved. If there were witnesses to the accident, the police would also speak to the witnesses.

Once you have hired an accident attorney, your attorney may investigate on your behalf to prove liability definitively. This could potentially include a reconstruction of the accident scene, securing video from traffic cameras or nearby businesses, or speaking to witnesses to the accident.

How Long Will My Uber Accident Claim Take?

Most auto accident claims take several months to settle if there is no question of which driver was liable for the accident. If liability is in question, the injuries are severe, or when there is the potential for several insurance companies to be filed against, the case can take a year or more.

If the case goes to trial, it could take as long as two years to settle or receive a jury verdict. Once a case settles outside of court, you can generally expect to receive your settlement check about six weeks from the settlement date. If your case reaches a jury verdict, you can expect to receive your check about six weeks following the verdict.

Having a highly skilled Pennsylvania Uber accident lawyer as your advocate can make all the difference in the outcome of your claim. At Ciccarelli Law Offices, our attorneys will know which insurer to file against and whether you can file against Uber for damages from the accident.