Most Los Angeles residents regularly use Uber to travel around the city. The company enjoys great popularity due to the comfort it provides to passengers and drivers, respectively, but it doesn’t come without its accidents. Do I need a lawyer if I was injured by an Uber driver in Los Angeles? This is a question we often get form our clients. So, read on to find out how we can help you.
Do I Need a Lawyer if I Was Injured by an Uber Driver in Los Angeles?
Contact an attorney immediately if an Uber driver has injured you or a loved one. Uber accidents are relatively complicated as the company structure is different from others. Unlike a regular taxi company, Uber does not have the typical employer-employee relationship with its drivers.
Instead, Uber drivers are considered independent contractors, meaning the company is not liable for their actions. So, injured parties may need clarification on the steps to take after an accident.
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A lawyer can help you file the right claims and get justice and compensation for the sustained injuries. Uber accidents are not treated as regular car accidents, which brings additional challenges for injured parties to get compensation.
We can help you navigate the legal system and offer our expertise to get compensation for your sustained injuries. Once we determine the extent and nature of your injuries, we can help you file to get compensated for the following:
Is Uber Liable for My Injuries?
As we mentioned, Uber drivers are referred to as independent contractors, which allows Uber to avoid liability in accidents where the drivers injure someone. Because the drivers are classified as self-employed, the injured party usually must go after the driver for the damage caused.
In most accident cases involving Uber drivers, the legal responsibility falls solely on the driver. Still, there are several instances where Uber may also be held liable.
For instance, in California, the rideshare company is liable if it violated state laws during the hiring process of the driver that injured you. Also, Uber does carry insurance for cases involving serious accidents and the victims of the same.
The Uber Coverage
The Uber coverage was first launched by the company in 2018. The Partner Protection Cover protects Uber drivers and Delivery Partners from financial responsibility in case of life-changing events.
For the Uber insurance coverage to apply to your case, the driver must have been signed into the application at the time of the accident.
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If the Uber driver is signed in and waiting for a request at the time of the accident, the company may provide:
- $50,000 per person involved
- $100,000 per incident of bodily injury
- $30,000 for property damages
But, if you were a passenger in the Uber driver’s vehicle during the accident, you are entitled to file for Uber’s $1 million insurance coverage. The coverage applies whether your driver is insured or uninsured as long as you were their passenger.
We can help you determine which coverage applies to your situation and how to file the correct claim for compensation.
California Accident Law
According to California law, the state’s insurance code requires that all vehicles are covered with insurance. Most drivers in Los Angeles cover their vehicles with the minimum 15/30/5 insurance.
Drivers must have proof of insurance available in case they are in an accident. In the case of an accident, they must show the proof when law enforcement requests to see it. Failure to comply may result in driving fines or loss of driving privileges.
If you seek a personal injury claim from an Uber driver’s policy and they have minimum insurance, then the maximum coverage is:
- Injury or death of one person: $15,000
- Injury or death to more than one person: $30,000
- Property damages: $5,000
Recovering Damages From an Uber Driver’s Personal Policy
If you cannot get compensation from Uber, we can help you get it from the driver directly. We can help you recover damages from the driver’s personal insurance policy if the Uber driver:
- Was not logged into the app during the accident
- You were not a passenger in the Uber driver’s vehicle during the collision
- Was waiting for a ride request
- The Uber driver’s insurance coverage extends to commercial activities
How Long Do I Have to File a Claim After the Accident?
Every state has a statute of limitations, during which the injured party may file legal action. For a personal injury lawsuit in California, if a driver injures you, you have two years to file against them for bodily injuries. In comparison, claims for property damage have a statute of limitations lasting three years.
This is why you must seek help from a lawyer immediately after the accident to help you recover damages. If the time limit expires and you file a complaint, the judge will likely dismiss the case.
Determining Liability: How Was the Uber Driver Negligent?
Another reason to seek legal assistance from our lawyers is to determine liability. Your attorney can help you determine liability by determining how the Uber driver was negligent.
Our experience and knowledge of traffic laws and their application allow us to determine if the driver was driving unsafely. The Uber driver may be negligent during the accident in the following ways:
- Driving under the influence (drugs or alcohol)
- Distracted driving
- Following too closely
- Disobeying traffic signals or laws
Frequently Asked Questions
What Should I Do After an Accident With an Uber Driver?
The most crucial thing after sustaining injuries is to seek medical care. Then, report the incident to the police and Uber and document the scene. If you can, take photos, talk to any witnesses if they are willing to give a statement while you wait for the police and seek medical attention. You should also take the driver’s personal information, including name, address, phone number, license plate, VIN, and other insurance information.
Do I Need to Report the Accident to the DMV?
According to California Vehicle Code §16000, those involved in a vehicle accident must report it to the DMV within ten days of the accident in case of the following reasons:
- Death of a person
- Injury of a person
- Property damage over $750
Contact Us If An Uber Driver in Los Angeles Injured You
Do I need a lawyer if I was injured by an Uber driver in Los Angeles? The answer is yes. An Uber lawyer has the knowledge and expertise to help you determine the best course of action to recover damages for your injuries.
Request a free consultation by email or call the toll-free number (800) 824-5416. For our offices in Los Angeles, contact us at (213) 376-0099. We offer video conferencing, telephone consultations, and in-person office visits.
Allen Vaysberg practices personal injury law and works tirelessly to defeat the tactics of insurance companies and large corporations who try to deny justice and fair compensation to injured people.