If you’ve been injured in an Uber accident or any other ridesharing accident, it is important to understand your rights as passenger. Under state law, you are able to collect compensation from the “at-fault” driver and their insurance company. Unlike other accidents, however, who is liable for your accident isn’t always immediately clear in the aftermath. If your accident involved a driver who was “on-the-clock” when the accident occured, you won’t necessarily file a claim with the driver’s insurance policy. Instead, Uber’s $1.5 million umbrella policy should cover all of your injuries and damages.
While this process may seem cut and dry, establishing liability after an Uber accident is tricky. If you’ve been injured in an Uber accident in Texas, it is important to keep these 5 things in mind.
1. Report your Accident Immediately – It is important to report your accident immediately to both the police, and also to Uber. Immediately after you are injured, stay on the scene and wait for the police report. Once you’ve been cleared to go home, file an insurance claim directly with Uber.
2. Seek Medical Attention – Even if you don’t believe you are injured, it is important to have a medical professional complete a thorough examination. Some injuries can take days or weeks to become fully apparent. If you are injured, receiving a proper diagnosis will help to strengthen your case tremendously.
3. Numerous Parties May be Liable – If you are injured in an Uber accident, there may be numerous parties responsible for your accident. As such, there are four possible insurance policies that could cover your medical expenses, lost wages, and damages:
- A third-party motorist’s insurance company
- The Uber driver’s liability policy
- Uber’s liability policy
- Uber’s uninsured/underinsured motorist policy
4. Pedestrians Face an Uphill Battle – If you are hit by an Uber driver while crossing the street, then you may not always file a claim with Uber. Uber is only liable for accidents that occur while their driver is transporting a passenger or paired with a passenger. If the driver was not logged into the app and working at the time of the accident, then the driver’s personal insurance policy would be the primary payer after the accident. Due to the specific complexities of pedestrian accidents involving ridesharing vehicles, it is important to contact an attorney to represent you after your accident.
5. Know Your Passenger Rights – If you use Uber or another ridesharing service, it is important to know your passenger rights.
- Right to a Safe & Newer Vehicle – Every vehicle authorized for passenger transport must not be older than 10-years-old. You are allowed to refuse the ride if your driver arrives in an old or improperly working vehicle.
- Right to a Seat Belt for All Passengers – All Uber rides must provide a working seat belt for all passengers. If your seat belt is broken or missing, you have the right to refuse the ride.
- Right to a Sober Driver – If you suspect that your driver is driving intoxicated or under the influence of drugs, you should report the driver and refuse the ride. Never ride in a car with someone who has been drinking.
- Right to Personal Space – All passengers have the right to personal and private space. If a driver is harassing you, making inappropriate comments, or flirting, then you have a right to refuse the ride and report the driver.
- Right to Safety – If your driver is driving in an unsafe manner – such as speeding, road rage, or reckless driving – then you have a right to refuse the ride, and you should report the driver. The customer support team at Uber should follow up with you immediately.
Have You Been Injured in an Ridesharing Accident in Texas?
If you’ve been injured in an Uber or Lyft accident in Texas, it is important to know your rights. At David K. Wilson & Associates, our Texas ridesharing accident lawyers have the experience and resources needed to win these types of cases. We fight tirelessly for passenger rights and hold negligent drivers responsible for their actions. Contact our law firm today at (903) 870-9050 or fill out our confidential contact form and someone will call you back.
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