As the popularity of rideshare services like Uber have increased in recent years, so have the number of car accidents involving Uber drivers. Uber has been especially popular in large cities like Atlanta and its surrounding suburban cities, such as Marietta, Smyrna, Decatur, Alpharetta, and Dunwoody. If you have been injured in an Uber accident, you may be wondering what your options are. What insurance applies if I’m a passenger in an Uber and an accident happens? What happens if an Uber driver hits me? Can I file a lawsuit against Uber?
A car accident involving an Uber driver is not that much different than your typical car accident. Uber drivers in Atlanta have to follow our state’s laws and rules of the road just like everyone else, and if they do not and cause an accident, then they can be held liable.
The question that most people have following an Uber accident is what insurance applies. The answer to this question depends on a number of facts, including who was at fault and whether you were a passenger in the Uber at the time of the accident or in your own vehicle.
How Does Insurance Work in an Atlanta Uber Accident?
Uber provides liability insurance for its drivers and uninsured motorist coverage for Uber drivers and passengers. How much insurance is available depends on when the accident occurs. When an Uber driver is available to accept rides but has not actually accepted a trip and is not carrying any passengers, Uber provides liability insurance for $50,000 in bodily injury coverage per person and $100,000 per occurrence, as well as $25,000 in property damage coverage. This insurance applies only if the driver does not have insurance of at least these amounts.
Once an Uber driver accepts a trip, additional insurance kicks in. After accepting a trip, Uber provides the driver with $1,000,000 in liability insurance and $1,000,000 in uninsured motorist coverage. Liability insurance would apply if the Uber driver was at fault, while uninsured motorist coverage would apply if somebody else caused the accident but did not have any insurance or not enough insurance to pay all of the driver’s or passenger’s damages.
A few examples highlight how Uber’s insurance plan works. For example, if an Uber driver causes an accident after accepting a trip and you are either a passenger in the Uber or were in another vehicle the Uber driver hit, then you would have $1,000,000 in available liability insurance provided through Uber. On the other hand, if you are in an Uber and are injured in an accident by the negligence of another driver, you would have access to $1,000,000 in uninsured motorist coverage if necessary.
It is also important to point out that in Atlanta, you are entitled to uninsured motorist coverage under your own insurance policy, or under any resident relative’s policies if you are injured while riding in someone else’s vehicle. This means that if you are injured in an Uber accident in Atlanta, it is important that you notify all potential insurance companies as soon as possible. If you do not, you may lose the ability to pursue a valuable source of insurance that can be used to help pay for your damages.
What To Do If You In An Uber Accident In Atlanta
Accidents happen fast, and there are things you'll have to do immediately after your accident and in the days following to recover the max for your losses.
Immediately after the accident, you should do the following if you're able:
- Call 911 – Before you do any of the following steps, call 911 to inform police of the accident
- Take Photos or Videos – Taking photos of the accident scene and the damage done to your car is vital evidence for your case. Include pictures of skid marks or any indicators that may determine fault.
- Speak to Witnesses – Most likely, there were bystanders who witnessed the accident. Their testimony could help the court understand what happened and ultimately who's to blame.
- Go to the Hospital – Even minor injuries could worsen in the coming days. Get medical treatment as soon as possible to ensure your safety.
In the days following, do the following:
- Document Injuries in a Post-Accident Journal – Keep a written log of your recovery journey and the injuries you sustained.
- Take Pictures of Injuriesas They Develop – Bruising or other injuries may have been invisible immediately after the accident. You may develop bruises later on after the accident or the next day.
- Don't Talk to the Insurance Company – Insurance companies will contact you immediately to get a statement from you. Do not give a statement until you speak with a lawyer.
- Contact Your Attorney – Your attorney can speak to insurance companies for you and ensure you don't receive a low-ball offer.
What Compensation Can You Recover?
Like any personal injury you suffer, you have a right to seek recovery for monetary and non-monetary damages after an Uber accident.
Monetary damages include:
- Medical bills
- Lost wages
- Future medical expenses for ongoing treatment
- Lost earning capacity
You can also seek recovery for the pain and suffering you endured, including compensation for:
- Mental anguish
- Disfigurement
- Your physical pain
- Loss of quality of life
These are only a few of the damages you might be entitled to. Only a personal injury lawyer can assess the true value of your accident.
How to File a Lawsuit Against Uber in Georgia
Uber's insurance policies make them resistant to lawsuits given their large amounts of coverage. However, if a negligent Uber driver causes an accident resulting in your injuries, and the insurance policies don't cover your damages, you could file a lawsuit against the driver. If you're filing an insurance claim against Uber, a few things must be determined to know what policy applies to your case. Like the examples given above, Uber drivers have different coverage depending on whether they have accepted a ride or not. Your attorney must reveal the driver's status at the time of the crash.
How you'll file your claim also depends on your situation. Were you a passenger in an Uber that got hit by another driver, or were you another driver who got hit by an Uber? Finding out who's at fault for your crash determines the insurance coverage you have access to and the process for filing your claim. Your claim ultimately comes down to proving negligence. Your attorney must show that the Uber driver or other at-fault driver had a duty of care to uphold, that duty was breached, this breach caused your injuries, and your injuries resulted in monetary damages.
Contact an Atlanta Uber Accident Attorney Today
If you were injured in an Uber accident in Atlanta, you must speak with an experienced Atlanta car accident attorney as soon as possible. The attorneys at The Champion Firm, Personal Injury Attorneys, P.C., have the experience and knowledge to successfully pursue your claim and obtain all the compensation you are entitled to under Georgia law. Call The Champion Firm, Personal Injury Attorneys, P.C., at 404-777-2318 for a free consultation about your Uber accident.