While Uber drivers can be extremely helpful at getting you somewhere in a crunch, they, like all other drivers, still aren’t perfect. Sometimes Uber drivers cause accidents. And sometimes, those accidents unfortunately involve pedestrians.
If you have been hit by an Uber driver while legally crossing at an intersection (or even while standing on the sidewalk), there is a good chance that you have sustained injuries, sometimes quite serious. So how does a pedestrian make a claim against an Uber driver?
Proving Negligence
As with any accident, in order for your claim to be successful, you have to prove that they were in fact negligent. Once you prove negligence you can demonstrate liability. To demonstrate the Uber driver’s negligence, you must show two things:
- The Uber driver was at fault for the accident; and
- The accident resulted in injuries/damages to you.
You must then be able to display the severity of your injuries and prove that the Uber driver was negligent. This means that he or she had a duty to uphold as a driver (i.e. driving safely and abiding by the rules of the road) but failed that duty.
Once negligence is proven, you would want to be sure that you had information from the Uber driver regarding his or her personal information: name, number, auto insurance policy, etc. But while the driver would be the main defendant in the case, Uber could also still be liable.
So when does Uber’s auto insurance policy take effect over the driver/defendant’s? If the driver’s auto insurer denies liability or refuses to pay damages to you, then Uber’s policy would come into play.
How Does Uber’s Auto Insurance Policy Work?
In order for Uber’s auto insurance policy to be relevant, the driver must have had the app turned on. Uber’s policy is dependent on the driver’s stage of working. In other words, it considers whether the driver had the app turn on but wasn’t yet on a trip or whether the driver already had a passenger.
Since policy limits are different based on whether you were on a trip yet or not, it’s extremely important that you get as much detail as you can. Obtain the Uber driver’s information including his or her name, car make and model, license plate, and driver’s license number. It’s also best to collect names and numbers of any witnesses to the accident. Be sure to call the police immediately after the accident if you are able so that they can write up an accident report that you can later use as evidence to support your claim.
It’s highly problematic when an accident occurs while the app is turned on and is on its way to pick someone up, but has not yet retrieved him or her. Since there is a gap in Uber’s coverage in this situation, the courts are trying to figure out how such situations should proceed.
The Attorneys at Jones Kahan Law, LLC Can Help Those in Ohio and Northern Kentucky Who Have Been Injured in a Ridesharing Accident
If you have been injured in a rideshare accident, it can greatly impact many parts of your life. The physical, emotional, and financial toll can be overwhelming. You may be entitled to damages for things such as medical costs, lost wages, and emotional distress.
At Jones Kahan Law, LLC, our Cincinnati, Dayton, and Northern Kentucky Personal Injury attorneys have a long history of dealing with auto accidents and have helped our clients to recover the compensation that they deserve. We will fight for what is in your best interest. We don’t charge you any attorneys’ fees until we win your case. To learn more or to schedule a free consultation, contact us today!
