Unfortunately, sometimes Uber drivers – like all other drivers – act negligently and hit a pedestrian. When a pedestrian is legally crossing an intersection or street, or simply standing on the sidewalk and sustains injuries when hit by an Uber driver, how can they make a claim?
Proving Liability
In order to bring a claim for your injuries, the individual bringing the claim (the pedestrian) must be able to show two things:
- Liability; and
- Damages.
He or she must be able to prove that the Uber driver was in fact at fault for the accident and that as a result there were injuries that the pedestrian sustained. The pedestrian must be able to show the severity of their injuries and essentially that the Uber driver was negligent.
In this situation, the Uber driver is the main defendant and the pedestrian’s claim will be against him or her as it would be with any other car accident case. The pedestrian would obtain the information for the driver’s auto insurance policy and then would make a claim with the company. But the other possible defendant would be the company itself: Uber.
When Does Uber’s Policy Apply?
When a pedestrian files a claim with the driver’s personal auto insurer and the insurer refuses to pay for their injuries or denies liability, then Uber’s policy would take effect. Uber’s policy looks at whether the driver had the app on but was not yet on a trip or whether the driver was driving during a trip. In other words, it looks at whether the driver was simply ready to work (with the app turned on) or was driving a passenger. In order for Uber’s policy to apply, the Uber driver must have turned his or her app on.
The policy limits differ depending upon the status of the Uber driver’s app: whether they were available but not yet on a trip, or were they in the middle of a trip. Therefore after the accident, it is important to obtain any related information. Additionally, it is important to obtain the names and telephone numbers of anyone who witnessed the accident as well as the Uber driver’s information (their name, car make and model, license plate, driver’s license number, etc.). It is also in the pedestrian’s best interest to call the police and obtain an official accident report, which serves to support your claim.
One of the biggest issues with cases involving Uber drivers is the gap that still exists between simply having the app on and having a passenger in the vehicle. When an Uber driver has accepted a trip and is on his or her way to pick up the passenger but does not yet have them in the vehicle, there is a gap in coverage. The courts are currently working out such situations.
Consult with a Qualified Ridesharing Attorney
If an Uber driver has injured you or a loved one, it can have a big impact on your life – physically, emotionally, and especially financially. That is why you deserve an experienced ridesharing attorney who understands the law and knows how it works. Partnering with such an attorney can help to gather the requested police reports and proper evidence to make your case. It is important to have someone in your corner – especially to deal with insurance companies.
At Surovell Isaacs & Levy PLC, we work with our clients to fight for what it is that they deserve. To learn more or to schedule a consultation, contact us today!
Posted in: Ridesharing Accident