Can You Sue Your Uber Driver?
Uber and Lyft are common alternative sources of transportation nowadays and people prefer these ride-shares over the old-fashioned taxis. These entities are ride-hailing companies that offer a smartphone mobile app which allows a passenger to submit a ride request that is automatically picked up by one of their drivers in the area. Uber and Lyft take on independent drivers with vehicles and provide them with an app which alerts them of the location of the ride requests and allows them to respond.
Who is Responsible in the Case of an Accident?
Motor vehicle accidents are unfortunate events, which we try to avoid, but at times, they do happen. Due to injury suffered in an accident, you may incur cost for medical care and be forced to miss time from your job which often results in financial losses. In such cases, you can file a legal action against the at fault party who caused the accident.
When it comes to an accident with an Uber or Lyft vehicle, you cannot sue the company directly because the drivers are not hired workers but are, in fact, independent contractors. The company is not responsible in case of a crash. Although companies are generally directly and vicariously responsible for their employees, they are not liable for the negligence or mistakes of their contractors.
As mentioned above, the ride-hailing companies provide the drivers with an app to locate their passengers and handle the billing and payment for the rides. The drivers however, own the vehicles and work based on their individual schedules. Consequently, these companies hold limited legal liability for the drivers’ mistakes and it might be a tough fight if you attempt to sue them. However, they may be held financially responsible, through their insurance coverage, for damages from a car crash involving their drivers.
What Sort of Damages Can Be Claimed?
Basically, in the case of an accident, two sorts of damages are claimable:
Economic Damages: These are the financial losses incurred after a car crash. For example: repair of damage to your vehicle or any property inside the vehicle; medical bills relating to injuries caused in the accident; medical cost for future treatment of injuries suffered subsequent to the collision and any loss of income as a result of the accident.
Non-Economic Damages: This payment is for the emotional distress caused, inconvenience as well as pain and suffering. It is measured by the loss of enjoyment of life.
Who Pays for the Damages?
The question that arises is: if the ride-hailing companies are not responsible, then who pays for the loss? Let’s discuss this.
Personal Automobile Insurance: All ride-hailing companies require their drivers to be insured. However, most personal car insurance carriers do not compensate if the insured vehicle is being used for “driving for hire,” unless the driver has purchased an endorsement to the policy. In the event of a car crash, the insurance company can cancel the policy based on the fact that the insured fraudulently declared that the vehicle was being used for personal use only. The passenger might get coverage for his/her injuries through the Uber or Lyft policy.
Supplemental Coverage: Companies like Uber and Lyft may provide additional insurance to their drivers’ personal policies in the following circumstances:
- When the app is on, and the driver is available for a ride.
- When the driver has accepted the ride but has still not reached the location of the requester.
- The passenger is in the driver’s car.
Hilton & Somer, LLC: Car Accident Attorneys serving Virginia, Maryland, and Washington, D.C.
The details listed above are a very brief summary of what to expect following an accident with an Uber or Lyft vehicle. The claim process can be complicated and challenging and in order to deal with the technicalities you need a competent lawyer to sift through the evidence and accurately present your case. Let the highly experienced lawyers at Hilton & Somer LLC assist you. We have the expertise to handle Uber and Lyft accidents. Our qualified lawyers will ensure you get the maximum compensation you deserve for your losses. We believe in client-focused representation. Call or contact us today! (703) 560-0700
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