Ubers are a common sight on the road, with the app enabling regular people to use their personal cars to transport passengers for extra income. Despite this convenience, Uber drivers, like all motorists, can be involved in accidents. They might engage in risky behaviors such as running red lights, tailgating, or speeding. Additionally, some Uber drivers may be fatigued and fall asleep at the wheel, resulting in collisions.
Typically, you cannot sue Uber directly following an accident. However, Uber drivers are required to carry substantial insurance coverage, which you can claim against. If you opt to file a claim, you may find yourself wondering, “what is the average settlement for an Uber accident?”
If you need to explore this option, reach out to a car accident attorney at Brian Boyer Injury Lawyer for a consultation.
Uber Drivers Are Not Employees
Although there is active, ongoing, litigation in regards to these issues. Uber attempts to treat their drivers as independent contractors in order to escape vicarious liability for the drivers’ negligent conduct. However, Uber still provides insurance coverage for their drivers. So although they are not directly responsible, their insurance coverage may cover your damages if you are injured as a result of a Uber driver’s negligence.
Suing the Uber Driver for an Accident
Uber provides its drivers with insurance coverage; however, the amount of coverage will vary based on the drivers status within the app when the accident occurs. Below is a detailed outline of insurance coverages at play when you are hit by an Uber driver.
- Primary Coverage: Personal insurance only covers an accident when the driver is involved in a crash while they are not logged into the app. Only then does their personal auto insurance come into play. Ubers insurance will not cover any accidents that happen while logged out of the app.
- Contingent Liability: If the driver is logged into the app but has not yet accepted a ride request, Uber will provide contingent liability coverage. What that means is that if the drivers own personal insurance does not cover the crash, Ubers insurance will cover:
- $50,000 bodily injury per person
- $100,000 bodily injury per accident
- $25,000 property damage per accident
- En Route to Pick Up a Passenger or Active Trips:
- Commercial Insurance Coverage: Once a driver accepts a ride request and is either a). en route to pick up the passenger or b). engaged in an active ride with a passenger, Ubers commercial policy is in effect. This policy covers:
- $1,000,000 third-party liability coverage
- Underinsured/Uninsured Motorist Bodily Injury: This covers injuries to the driver and their passengers if an accident is caused by an uninsured or underinsured driver.
- Contingent Comprehensive and Collision: This will cover any physical damage to a drivers vehicle as long as they have personal comprehensive and collision coverage. This coverage is subject to a $2,500 deductible.
- Commercial Insurance Coverage: Once a driver accepts a ride request and is either a). en route to pick up the passenger or b). engaged in an active ride with a passenger, Ubers commercial policy is in effect. This policy covers:
Uber will contact you following an accident. If you are considering hiring an attorney, it is important that you do not provide them with any information other than the facts of the accident. If they request any information regarding injuries, kindly let them know you are in the process of hiring a law firm and you are not comfortable discussing anything further.
Instances Where You Can Sue Uber Directly
There are some instances where you can sue Uber directly for an injury. For example, if the driver has a criminal background or has had multiple traffic infractions or was driving drunk or under the influence of drugs it could be considered negligent for Uber to employ this type of person.
In another scenario, there is currently heavy litigation against Uber for sexual assault. If a driver engaged in any unlawful or scandalous behavior against a passenger which resulted in a sexual assault, battery or any other form of assault, you could sue Uber directly.
How Much Can I Expect From An Uber Accident Settlement?
The amount you can expect from an Uber accident settlement varies widely based on several factors specific to your case. Below are a few key elements that will influence your final settlement amount:
1. Severity of Injuries:
- Minor Injuries: Settlements for minor injuries, such as bruises or sprains, can range from a few thousand dollars to $20,000.
- Moderate Injuries: Injuries that require significant medical treatment, like broken bones or concussions, can result in settlements amounts ranging from $20,000 up to $100,000.
- Severe Injuries: Life-altering and permanent injuries, such as traumatic brain injuries (TBI), spinal cord injuries, or permanent disabilities, can lead to settlements of $100,000 or more, potentially reaching several hundred thousand dollars or even millions in extreme cases.
2. Medical Expenses:
- Your settlement should cover all current and future medical expenses related to the accident. This includes hospital bills, surgeries, rehabilitation, physical therapy, and any necessary medical equipment or medications.
3. Lost Wages and Loss of Earning Capacity:
- If your injuries prevent you from working temporarily or permanently, you can claim compensation for lost wages. If the injuries affect your ability to earn in the future, you may also receive compensation for the loss of earning capacity.
4. Pain and Suffering:
- This non-economic damage covers the physical pain and emotional distress caused by the accident. Calculating pain and suffering is subjective and can significantly increase the settlement amount. Factors such as the severity and duration of pain, emotional trauma, and impact on daily life are considered.
5. Property Damage:
- Compensation for the repair or replacement of your vehicle and any other personal property damaged in the accident.
6. Liability and Fault:
- The determination of who is at fault affects the settlement. If the Uber driver is clearly at fault, and their negligence can be proven, it strengthens your case for a higher settlement.
7. Insurance Coverage:
- Uber provides up to $1,000,000 in third-party liability coverage when the driver is on a trip or en route to pick up a passenger. The availability and extent of this coverage can influence the settlement amount.
8. Legal Representation:
- Having an experienced personal injury attorney can significantly impact the settlement amount. Attorneys can negotiate with insurance companies and represent you in court if necessary, often securing higher settlements than individuals might achieve on their own.
Average Nevada Settlement Examples:
- Minor Accidents: $15,000 – $25,000
- Moderate Accidents: $25,000 – $100,000
- Severe Accidents: $100,000 – $1,000,000+
If you have questions regarding your Uber accident or injury, contact our experienced Uber accident lawyers at Brian Boyer Injury Lawyer for a free case review at 702-514-1414.
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If you or a loved one have experienced injury due to the negligence of another person or entity, please do not hesitate to contact Las Vegas Personal Injury Lawyer, Brian Boyer for a free, no-obligation case review at 702-514-1414.
