Suing Uber After a Car Accident In California
If your Uber is in a car accident in California, you can sue the company. Uber offers insurance for drivers for accidents, as well as liability insurance to protect from lawsuits. Here’s how to sue Uber after a car accident in California.
If an Uber driver causes the accident in California, suing for injury or damage is possible. Proof of negligence and liability should be provided. Under California law, rideshare companies, like Uber, must have insurance covering up to $1 million for personal injury, death, and property damage. Suing the individual driver may not be necessary, because their personal insurance will most likely not cover work-related accidents. Liability for an accident can become tricky, as all Uber drivers are independent contractors.
What if the driver was “off the clock”?
If the Uber driver’s Uber app was off (“off the clock”), the driver’s personal insurance is responsible for coverage. If the driver logs into the app, a case could be made to sue Uber’s commercial insurance, rather than the driver’s personal insurance. Commercial vehicle insurance is higher than personal vehicle insurance, but both include liability insurance which you may be entitled to.
Related: How to Sue Uber/Lyft: Rideshare Lawsuit
What if I was hit by an Uber?
If the Uber driver was “off the clock,” the driver’s personal insurance will be liable for any losses or injury. If the Uber driver was on the clock, you can file a claim against Uber’s $1 million insurance policy. When the driver is “on the clock” or logged into the Uber app and actively looking for passengers is important, filing a claim against may be Uber appropriate.
What if another car hit my Uber?
If another car caused the accident, suing Uber may be possible only if the other driver’s insurance does not cover the damages. In California, insurance is required to drive a vehicle, but many drivers do not have insurance. The driver without insurance most likely cannot pay for damages. Under California law, Uber is required to have $1 million in uninsured or underinsured driver insurance to cover losses. The uninsured driver is covered by Uber’s one million dollar insurance coverage.
Depending on the negligence of both drivers, the Uber passenger can seek compensation from both drivers. Courts will investigate what each party owes, and the Uber passenger may seek compensation from both.
If the accident is the other driver’s fault and not the Uber driver’s, negligence claims can be made and proven to receive compensation. In order to sue Uber, the victim must prove the driver was negligent or that Uber was negligent in hiring the driver.
Related: Uber and Lyft Accidents: Who’s Liable
What counts as losses or injuries from an accident?
By California law, you can sue Uber for:
- Loss of enjoyment in life
- Pain and Suffering
- Travel costs for treatment
- Lost wages
- Counseling for trauma or any other emotional damages
- Medical expenses
- Disfigurement
- Damages to a vehicle or property
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If you or a loved one would like to learn more about if you can sue Uber after a car accident in California, get your free consultation with one of our personal injury attorneys in California today!