Can I sue Uber after an accident?Expand
In most accidents, Uber cannot be held liable for a driver’s actions because Uber classifies the drivers as independent contractors, rather than employees.
Under Illinois law, employers can be held responsible for the negligent acts of an employee. However, that is not the case for independent contractors. Employers are typically only liable for the acts of an independent contractor if the employer retains a high level of control over how the contractor performs their work.
Passengers injured in an Uber accident are not without recourse, however, because it is still possible to pursue an Illinois personal injury claim against the Uber driver in their individual capacity. If the accident caused serious injuries, the Uber driver will not likely be able to pay the medical expenses. For this reason, Uber maintains a $1 million insurance policy that will cover the driver in this situation.
For those non-passengers who are injured in a rideshare accident, such as pedestrians or bicyclists who are hit by an Uber, the process can be a little more complicated. For example, Uber’s $1 million insurance policy will only cover an accident if the driver has a passenger at the time of the collision. If the driver is using the car for personal business or is on duty but does not have a passenger (and has not yet been paired up with a passenger), a claim can be made against the at-fault driver’s individual insurance policy. Depending on the policy limits, the extent of the injuries, and whether the driver obtained the correct type of policy, accident victims may have difficulties recovering the financial compensation they are entitled to.
What do I do after an accident with an Uber driver?Expand
If you have been involved in a Chicago Uber crash, you may be entitled to compensation for any injuries you sustained as a result of the accident.
The laws surrounding rideshare accidents are somewhat complex, and there are many factors that go into determining how you must pursue your claim and the amount of coverage that will be available. Regardless of how the accident occurred, you should follow the following steps to preserve your right to recover for their injuries:
1. Call the police: Even if the crash seemed minor, or you do not immediately notice any injuries, it is still important to call the police. Calling the police right away officially documents the accident and may later help you substantiate your claim.
2. Obtain medical care: Your health is the primary concern after any Chicago car accident. Thus, even if your injuries seem minor, it is still crucial to get checked out by doctors to rule out the possibility of serious, but hidden injuries. Obtaining medical care can also help you prove that your injuries were serious.
3. Gather evidence: Using your phone’s camera to take pictures of the scene, when possible, is a good way to visually document what the scene looked like. In some cases, the photos you take may be the only visual evidence of the accident.
4. Contact an attorney: Recovering financial compensation after a Chicago Uber accident can be a complex and difficult process that is best left to an attorney with specific experience handling these cases. An attorney will collect all necessary documentation, work with the various insurance companies, and ultimately litigate your claim, if necessary.
What insurance coverage does Uber have?Expand
Uber maintains a $1 million insurance policy on each of its drivers. Thus, when a passenger is injured in an Uber accident, they can make a claim with that insurance company, and there will likely be ample coverage.
Not all Uber accidents will occur while the driver is in the process of transporting a passenger. In fact, many rideshare accidents happen while the driver is waiting for a fare to come in. These accidents are not covered under Uber’s $1 million insurance policy. However, Illinois state law requires that Uber still maintain insurance for these accidents. Specifically, rideshare companies must have at least $50,000 in coverage for bodily injury per person, and a total of $100,000 per accident. State law requires that the rideshare company take out this policy, rather than the individual driver, because lawmakers did not want the fact that a driver took out the wrong type of policy to preclude an accident victim’s recovery. That said, there can still be significant difficulties when recovering after a Chicago rideshare accident, and anyone who has been injured as a result of an Uber driver’s negligence should reach out to an attorney as soon as possible.
What damages can I recover following an Uber accident?Expand
Uber drivers, like all motorists, have a duty to operate their vehicles in a safe and responsible manner. Of course, we all know that is not always the case. Under Illinois personal injury law, when an Uber driver causes an accident, they can be held liable for any injuries caused by their negligence.
Every car accident is unique, and the damages that an accident victim are entitled to vary based on the individual facts of that case. However, the following are the various types of damages that may be awarded following a Chicago Uber accident:
• Economic damages: Economic damages are those that are easily quantifiable. For example, medical expenses, property damage, lost wages and the decrease in an accident victim’s earning capacity are all considered economic damages.
• Non-Economic damages: Non-Economic damages are designed to compensate an accident victim for injuries that, while less concrete and harder to assign a dollar value to, are equally as serious. Non-Economic damages include compensation for an accident victim’s physical pain, emotional trauma, loss of companionship and disfigurement or disability.
When talking about the available damages in an Illinois car accident, the concept of comparative fault should be discussed. The doctrine of comparative fault provides that an accident victim’s total recovery must be reduced by their own percentage of fault. For example, if an Uber accident victim sustains $400,000 in damages but is found to be 25 percent at fault for causing the accident, their total recovery amount would be limited to $300,000 ($400,000 less 25 percent). While comparative fault is unlikely to come up in Uber accident cases involving a passenger, it very well may arise in a claim brought by another motorist, pedestrian or bicyclist who was injured in an Uber accident. Importantly, Illinois comparative fault laws prohibit recovery altogether for those accident victims who are found to be more than 50 percent at fault for causing the accident.
