Can You File a Personal Injury Claim if Your Uber Driver Gets Into An Accident While You’re in the Car?

Ridesharing services like Uber provide convenient transportation options to commuters, tourists, and residents across Georgia.

Unfortunately, Uber vehicles are just as likely to be involved in an accident as other cars on the road. If you’ve suffered injuries and losses from an accident that occurred while you were an Uber passenger, you likely have many questions about your next steps.

The good news is that you generally do have the right to seek compensation through a personal injury claim, and Uber is required by state law to carry a minimum amount of insurance coverage for passengers. However, depending on the circumstances of the crash, the claims process for these cases can be exceedingly complex. It’s vital to speak with a knowledgeable Georgia rideshare accident attorney to understand your rights and get the legal support you need to maximize your compensation.

How Much Insurance Coverage Does Uber Provide for Passengers?

Under Georgia Code § 33-1-24, Uber and other rideshare companies are required to carry a minimum amount of coverage for their customers. The coverage varies based on the status of the driver at the time of the accident, as follows:

  • If the driver is logged in and waiting for a ride request but does not have a passenger: The required insurance provides $50,000 per person and $100,000 per accident in liability coverage, plus $50,000 for property damage.
  • If the driver has accepted a ride request: From the time the driver accepts the ride and is en route to pick up a passenger until the ride or transaction is complete, a minimum policy of $1 million for death, property damage, and personal injury applies. The company must also carry uninsured or underinsured motorist coverage with minimum limits of $300,000 per accident and $100,000 per person for bodily injury or death, and $25,000 for property damage or loss.

The latter coverage limits should apply to passengers who scheduled rides through Uber’s app. While Uber should have a digital record of your transaction, taking a screenshot of your app immediately following the accident may provide valuable evidence of your status as a passenger.

What if the Uber Driver Was Not At Fault For the Crash?

Under Georgia’s fault-based insurance laws, an injured party seeks compensation from the party responsible for the crash. The above coverage limits typically apply when the Uber driver is liable for the accident. However, if another driver is wholly or partially liable for the accident, you may have to file a claim with their insurer to recover damages.

The amount of compensation available to you will depend upon the driver’s specific insurance coverage. Georgia requires minimum liability coverage of $25,000 per person and $50,000 per accident for all licensed drivers. Injured passengers may still have to file a claim with Uber’s insurance if the at-fault driver is not insured or is underinsured. Injured parties should consult with a Georgia rideshare accident attorney to determine the best legal strategy and ensure they receive the full compensation they are entitled to.

What Factors Can Determine the Amount of Compensation You May Be Able to Recover Following an Accident?

Every rideshare accident case is unique. The details of the accident and its impact on your life play a major role in determining a fair settlement amount. Keeping careful records of your expenses, recovery process, and emotional difficulties you’ve faced may help bolster your case. Other factors that can affect the overall compensation you may receive include:

  • Extent of injuries and medical expenses: The more severe your injuries and the higher your medical costs, the higher the potential compensation amount. Your settlement should include both current and future medical bills to ensure you get the continued treatment necessary to heal fully.
  • Lost wages and impact on future earning capacity: If the accident caused you to miss work or resulted in permanent disability, impacting your future earning potential, your settlement should reflect these substantial effects on your finances.
  • Pain and suffering experienced: The physical and emotional toll of the accident, including pain, suffering, and reduced quality of life, should be carefully factored into the settlement amount.
  • Liability for the accident: Determining who was at fault for the accident is crucial, as it significantly impacts the settlement negotiations and the amount of damages you can receive.
  • Skilled legal representation: An attorney who can effectively negotiate with insurance companies and present a strong case can maximize your compensation.

What Should You Do Immediately Following an Uber Accident?

The steps you take in the moments and days after the crash can considerably impact the outcome of your case. By engaging in the following actions, you can provide yourself with the best opportunity to recover full and fair damages:

  • Report the accident to Uber: Notify the company of the accident as soon as possible. Both drivers and riders can report an accident using the Uber app.
  • Seek medical attention: Even if you don’t think you’re injured, visiting a healthcare provider as soon as possible is advisable. Some severe injuries, like whiplash or internal bleeding, may not show symptoms immediately.
  • Gather information: Collect all relevant documentation and keep it in a safe location. Your file may include photos of the crash scene and injuries, the police report, medical records or bills if you received treatment for injuries, and receipts for repairing or replacing personal items.

How Can an Experienced Rideshare Accident Attorney Assist You?

Given the complexities of Uber accident claims, consulting with an attorney experienced in handling such cases can be highly beneficial.

Large rideshare companies like Uber and their insurers employ many lawyers to protect their interests and minimize the amount they have to pay in compensation. Having an experienced legal team on your side helps level the playing field and increases the likelihood of a positive outcome in your case. A helpful lawyer from Sessoms Law Group can investigate the crash, determine who was at fault, file claims with the appropriate insurer(s), and engage in negotiations while you focus on your recovery. Contact our Atlanta law firm today at 678-853-7402 to schedule an initial case evaluation.