People are relying on Uber like never before. Whether for quick trips to the store or a sober ride home after a night on the town, Uber has certainly gained popularity. While you may be counting on Uber as a safe ride to your destination, what if your ride isn’t safe? If you get into an accident caused by an Uber driver, can you sue? Not likely.
When you hire an Uber driver, you’re really hiring an independent contractor. This means that people who drive for Uber aren’t employed by the company. Instead, these people technically are only using the name of the company to make some money for themselves. They aren’t employees in the sense that they can pick and choose when they work, how often they work and where they will drive.
Because their work isn’t dictated by the company, they can’t be considered employees. If you are involved in an accident with an Uber driver, this means that you can’t sue the company because that person is not working for the company in the truest sense.
All of this said, it doesn’t mean that you don’t have a way to seek compensation. In most states, you have options.
As a Passenger
If you are a passenger in a vehicle driven by an Uber driver and are involved in an accident, get out of the car if you are able to and take pictures of the accident. Get pictures of damage to both vehicles and of the surrounding area. Get names and contact information of any witnesses to the accident and write down the name of the driver. Take a picture of your Uber receipt and keep it on your phone.
If you are injured in the accident, you are covered by Uber’s insurance. If you end up needing to file a lawsuit for whatever reason, you would sue the at-fault driver, not Uber. You could also potentially sue the insurance company.
As a Passenger in Another Vehicle
Let’s say that an Uber driver causes an accident with a vehicle you are driving or riding in. If the driver is off-duty, you would make a claim against the driver’s personal insurance policy. If the driver is on duty but doesn’t have a fare, you would still file against the driver’s personal policy. However, if the driver does have a passenger, you would be covered under Uber’s insurance.
If you have been involved in an accident in San Luis Obispo and an Uber driver was involved, reach out to our team of attorneys. Filing a claim against an Uber or other ride-sharing drivers can be complicated, and you would benefit from legal representation. Call our office today, and schedule an appointment for a free case evaluation. You may be entitled to compensation for injuries and property damage, and the insurance company’s settlement offer may not be fair. Reach out to our team for assistance.
