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Uber Accident Settlement

Uber Accident Settlement

Getting the Best Uber Accident Settlement Possible for Our Clients

Obviously, ridesharing companies like Uber have changed the way Americans get around their city. Uber makes getting around more convenient, which is why millions of people use their app to arrange for a car to take them to their destination.

Thankfully, most Uber riders get to their destination without a problem, but Uber drivers have also caused many accidents, and many Uber passengers are hurt when their Uber is hit by another car.

Uber is well aware that accidents will happen, which is why the company carries huge insurance policies to pay out Uber accident claims.

Over the years, passengers, other motorists, pedestrians, bicyclists and many others have received Uber accident settlement amounts that pay for all their medical care and other short- and long-term damages caused by an accident involving a negligent Uber driver, or a negligent driver that hits their Uber.

The lawyers at FVF Law know how to handle Uber accidents to make sure you get the best Uber accident settlement possible.

How Much Should I Expect My Uber Accident Settlement to Be?

Like all personal injury settlements, your Uber accident settlement amount will depend on the circumstances of your individual case. The most important factors to consider when trying to determine what settlement to expect include:

  1. Who is at fault? As a passenger, you are almost certainly not at fault for causing the Uber accident. But it is still your legal obligation to prove who was at fault in order to hold them legally liable for your injuries. For example, if your Uber driver was careless, then their insurance company might accept responsibility and that could increase your settlement amount. If another driver was careless and hit your Uber, you could end up in a fight with them about whether the Uber was partially to blame.
  2. Are your injuries serious? Securing an outstanding Uber accident settlement depends on proving the full extent of your injuries. It is not enough to just tell the insurance company about your injuries and expect them to believe you and pay. You have to put in the work to get the medical treatment you need and really learn whether your injuries are going to have a long-term impact. Because serious injuries usually cause other losses, such as lost earnings and increased medical bills, Uber accidents involving serious injuries will generally result in a higher settlement. Sometimes injuries do not seem serious at first, but become problematic over time. This is why it is important to get treatment very promptly after your Uber accident, and wait to see how your recovery goes before settling your case.
  3. How much money is available? Uber accidents typically trigger a complicated analysis of how much money is available for your settlement. As a passenger in an Uber, your own auto insurance might have coverage, like under insured motorist overage, that you could recover from. Texas law also requires that Uber provide you some insurance coverage in the event your Uber is hit by an uninsured or under insured driver. If your Uber driver caused the crash, there are pretty large insurance policies to cover the damage done, which can increase the amount of your settlement. When multiple people are injured in the collision, there can be a race to be first in line to get the money. If you are last in line, your settlement could be lower than it would otherwise be.

You probably won’t know how much your Uber accident settlement will be until all these factors have been fully explored and evaluated. This can take considerable time, but failing to be patient and get sound legal advice can result in a settlement that is tens or hundreds of thousands of dollars less than you are entitled to.

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How Long Do Uber Accident Settlements Take?

Because each case is unique, it is very difficult to give a precise estimate of the timeline.

Uber accident cases often take longer to resolve than other car accidents, however. Because Uber drivers are contractors, part of the work of your case will be discovering who is responsible for your damages: the driver, Uber, or both. Additionally, there are a few factors that can impact the length of your case.

  1. The number of parties involved. Generally, a good rule of thumb is that the more parties who are involved in your case, the longer it will take to resolve. Parties involved in your case may include not only yourself, your driver, and Uber, but also any other passengers and the drivers of any other vehicles. Communicating and negotiating with these parties can add length to your case.
  2. The cooperation of various parties. The speed and cooperativeness with which these parties respond to requests for information, meetings, and so forth can vastly impact how long a case lasts.
  3. What the driver was doing at the time of your accident. Uber’s liability for your injuries varies depending on what the driver was doing at the time of the accident. For instance, a driver who is between fares is not covered by Uber’s liability insurance, while one who is transporting passengers is. Proving this may require additional records requests, which can add time to your case.
  4. The severity of your injuries. Very severe injuries are typically more expensive and may require a lifetime of future care. Proving these damages and estimating their value may take some time. It also may take time for the full extent of your injuries to manifest and to prove that you are doing your part in your recovery. And of course, any time there is more compensation on the line, the other parties will fight harder to disprove your injuries. All of these factors can extend the length of your case.

You Are Injured by a Negligent Uber Driver. Can You Sue?

The simple answer to that question is, of course you can. However, getting compensation in the form of an Uber accident settlement will not be easy, especially if you try to do it on your own. You should consult with a personal injury lawyer in any car accident, but especially when dealing with a company the size of Uber.

Being a large company, their natural inclination is to pay out as little as possible, in order to preserve their bottom line. Even though each settlement is paid by their insurance company, the more liability they have, the higher their premiums go, and the greater the impact on their bottom line.

Therefore, like most large companies, they and their insurance carriers will do everything possible to avoid paying. The lawyers at FVF know this very well and we are prepared to deal with the insurance companies and Uber so you don’t have to.

One important thing to note here is that Uber drivers are independent contractors; they are not considered employees. This is a distinction Uber tries to use to their advantage. Uber drivers’ liability is also complicated by the fact that drivers also carry their own personal insurance, which often exclude accidents that occur on the job.

If the accident happens between fares, or while the Uber driver is on their way to pick up the fare, the driver’s personal auto insurance policy may try to deny coverage.

Therefore, it is entirely possible to find yourself in an accident with an Uber driver and having to deal with multiple insurance adjusters, all attempting to deny coverage. Having skilled Uber Accident Lawyers at your side when dealing with an Uber accident is important, and FVF consistently have success resolving Uber accident cases.

How Do You Make Sure You Can Hold Them Accountable?

Holding the right party or parties accountable involves investigation, resources, and energy. There are many twists and turns in the insurance maze presented in Uber accident cases. Here are some basic guidelines:

  • If the Uber driver who caused your accident is driving for personal reasons and is not actively seeking to pick up passengers, they will be covered by their personal auto insurance policy, but not the Uber insurance policy.
  • If the Uber driver is available for hire, but they’re not carrying a passenger at the time of the crash, their personal auto insurance policy will apply under Texas law, and the Uber insurance will also provide its drivers with additional liability coverage of up to $50,000 for injury and $25,000 in property damage coverage. But the excess coverage provided by Uber will only kick in if the Uber driver’s own insurance doesn’t cover all damages.
  • If the Uber driver is carrying a passenger as part of their ride-sharing service or they are en route to pick up a passenger for a pre-arranged ride, Uber’s $1 million liability insurance policy will cover both the driver and the passenger.
  • If someone else causes the crash while you are in the Uber, the at-fault driver’s insurance policy will apply, you will also be covered by a smaller Uber insurance policy, and your own auto insurance policy might also apply.

It’s important to remember that Uber claims their drivers are not employees and they and their insurance adjusters will use their “independent contractor” status to avoid paying out anything. They are often successful at avoiding responsibility, even in cases in which their driver was drunk or distracted at the time of the accident.

Uber also requires all drivers to sign an agreement in which they promise to take on all responsibility and defend Uber when someone sues them after an accident. There are potentially some loopholes to get Uber on the hook when one of their drivers causes a crash, but those circumstances are limited.

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So, What Do You Do When You’re in an Accident with an Uber Driver?

When you are in an accident with an Uber driver, numerous parties will probably point fingers at each other and deny responsibility for causing the accident. That does not mean no one receives an Uber accident settlement.

There are specific steps FVF will always take right after the accident to hold the responsible parties accountable and get the compensation you deserve under the law. Here’s what everyone should do after any car accident involving a company like Uber.

  • Seek immediate medical attention – Following an Uber accident, see a doctor and undergo a thorough medical evaluation, even if a paramedic at the crash scene already looked you over and treated you. Never make the mistake of assuming your injuries aren’t serious enough to see a doctor. In case you decide to file a claim, you will need an official medical record that describes your injuries in detail. You will also want to follow-up with medical care as long as your symptoms continue.
  • Never accept an immediate settlement – One common way insurance adjusters try to limit their payouts is by making quick settlement offers almost immediately after the accident. Often, they are trying to hand you a check before you realize how bad your injuries are. The problem is, when you accept that settlement, it is virtually impossible to recover any additional compensation. If you accept money that doesn’t cover all your expenses and losses, you may be stuck with that decision.
  • Stay off social media – If you have been injured in an Uber accident, avoid the temptation to post any information about it on Facebook or Twitter, or to post photos or videos of your injuries on Instagram or YouTube. The best practice is to not post anything at all, even if it is unrelated to the accident. Those posts are public, and insurance companies can and will use social media posts against you when you attempt to come up with your Uber accident settlement. Even the simplest of posts can be used by the insurance company to contradict a claim you’re making in your accident. Social media can’t help your case, but it can hurt it, so stay away.
  • Call a lawyer as soon as possible – If you have been injured in an accident involving an Uber driver, get an experienced Uber accident lawyer immediately. The Uber Accident Lawyers at FVF are highly skilled and experienced in dealing with Uber, so we are a great choice.

You could try to fight a claim on your own by going through Uber and the driver’s personal insurance company, but keep in mind, they both have billions of dollars at their disposal, as well as plenty of incentive to try not to pay you anything, or as little as possible. Dealing with insurance companies can be brutal and feel demoralizing.

Getting an experienced Uber Accident Lawyer, like the personal injury lawyers at FVF, to fight for you will bring you greater peace of mind because they know how to deal with insurance companies in a way that brings the best possible Uber accident settlement for your case.

Don’t settle for the first lawyer you find. You want someone who will listen to you, educate you about your rights and options, create a strategy that works best for you and your case, and advocate for you to maximize your recovery. With over 70 years’ combined experience, the lawyers at FVF can help you.

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