Ridesharing apps like Uber are very popular methods of securing transportation in Beverly Hills, California and throughout Los Angeles. While the Uber app makes transportation convenient, accidents sometimes occur. The laws regarding rideshare apps are evolving, making it important for you to understand your rights if you are injured or lose a loved one because of an Uber accident. The Valley Accident Lawyers represent people in Beverly Hills and throughout Los Angeles to help them to secure maximal compensation when they have been injured in Uber accidents.
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Complexity of personal injury claims in an Uber accident
Personal injury claims arising from Uber accidents can be very complex and involve multiple factors. While Uber offers insurance, the coverage is supplemental, and its availability and amount depend on the phase in which the Uber driver is operating. Another issue that might complicate the determination of liability is California AB-5, which was recently passed. While Uber is fighting this law, it ostensibly deems most Uber drivers to be the employees of Uber rather than independent contractors. Talking to an experienced attorney at the Valley Accident Lawyers is crucial to figure out the liability issues and the potential sources of recovery.
Determining liability in an Uber accident
Several parties can be at fault for causing an Uber accident, including the Uber driver, the driver of the other vehicle, manufacturers of defective parts, and others. With AB-5, it is also possible that Uber might be vicariously liable for the negligence of its driver if the driver is determined to be an employee instead of an independent contractor. However, Uber has filed a lawsuit to challenge AB-5, so it is unclear how the courts might rule on Uber liability issues. Most Uber accident claims are based on theories of negligence. Some common types of negligence that might lead to an Uber accident include the following:
- Driving under the influence
- Speeding
- Inattentive driving
- Distracted driving
- Aggressive driving
- Violations of traffic laws
To prove negligence, you will be required to prove the elements of negligence, including the following:
- The defendant owed a duty of care to you.
- The defendant breached the duty of care that was owed.
- The defendant’s breach was the proximate or direct cause of the accident and your injuries.
- You suffered harm as a result.
Uber driver periods
Uber offers supplemental liability insurance for its drivers. The availability of this insurance will depend on the phase in which the drivers are operating at the time of their accidents. Phase zero is when the drivers do not have the Uber app turned on. During this time, an accident that the driver might cause will be the responsibility of the driver and his or her insurance company instead of Uber.
During phase one, the driver has the app turned on and is waiting for a fare to request a ride. If an accident occurs in this period, Uber offers supplemental liability coverage of $50,000 per injured person, $100,000 for two or more injured people, and $25,000 for property damage.
During phase two, the driver has accepted a fare and is traveling to pick up the customer. In this period, Uber’s liability insurance offers $1 million in liability and $1 million in uninsured/underinsured motorists coverage. Collision coverage might be available, depending on whether the driver carries collision coverage.
Phase three occurs when the driver is actively transporting a customer. For accidents that happen in this phase, Uber offers $1 million in liability coverage, $1 million in UM/UIM coverage, and collision coverage that is contingent on whether the Uber driver also has collision coverage.
It is important to note that Uber’s liability coverage is supplemental. This means that you will first have to exhaust the policy limits of the driver’s insurance policy before Uber’s liability coverage will kick in.
Damages in an Uber accident
The value of damages that might be available in an Uber accident will vary from case to case. Some of the types of damages to which you might be entitled include the following:
- Past and future medical costs
- Past lost wages
- The reduction in your ability to earn an income in the future
- Property losses
- Physical pain and suffering
- Disability
- Disfigurement and scarring
- Mental anguish
- Loss of consortium
Your attorney can review the evidence to properly value your claim.
Contact the Valley Accident Lawyers
If you have suffered injuries in an Uber accident, you may have legal rights to recover damages. The attorneys at the Valley Accident Lawyers are experienced with handling rideshare accident claims and can explain the rights that you might have. Contact us today to schedule a free consultation by calling 818.565.6600.
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