Uber Accident Injury Lawyer Las Vegas
Have you been injured in an Uber accident in Las Vegas? You will need an Uber Accident Injury Lawyer in Las Vegas. Since they entered the scene, ridesharing apps have continued to increase in popularity, and for good reason. Their low cost and easy accessibility make apps like Uber and Lyft a no-brainer when you’re looking for a quick ride. As their popularity increases, car accidents are a natural occurrence. But this raises the question of liability- who is held responsible? It can be a bit confusing to follow, so we’ve created a helpful guide to make it easier to understand. If you’ve been injured in an Uber accident in Las Vegas, read on for more information about how best to proceed.
You’ve been injured in an Uber accident in Las Vegas- now what?
You’re all dressed and ready to go, standing outside your city dwelling on the lookout for David in a black Honda Civic to pick you up. David has a 4.8 rating on the Uber app, making him a decently ranked driver. Surely, you can trust him to safely get you where you need to go, right?
You’re halfway to your destination when things get a bit bumpy, and the next thing you remember is rear-ending the car in front of you on the interstate. Even if you were wearing your seat belt, injuries can easily be sustained. So what do you do when you’ve been injured in an Uber accident in Las Vegas?
Stay at the scene
No matter what, do not leave the scene of the accident. It is important that you remain at the accident to gather evidence and information from everyone involved, including witnesses, and give your statement to the police. If you have sustained serious or life-threatening injuries, call 911 immediately so that you can receive medical attention.
Collect Evidence & Exchange Information
Do not leave without gathering critical information from everyone involved in the accident- specifically your Uber driver and the driver of any other car involved. If anyone witnessed the accident, get their name and phone number too. Take as many photos as possible of the accident and any visible injuries you’ve sustained.
File a Report with Uber
You can do this through the Uber app under “Trip Issues and Fare Adjustments”. Let them know that you’ve been injured in an Uber accident in Las Vegas, and give them a thorough and accurate description of exactly what happened, as soon after the accident as possible. Delaying this step could hurt your ability to receive coverage from insurance.
Uber will also have a representative reach out to you and will send you an Incident Report Form for you to fill out as well. This form is required in order to file an insurance claim. Once the appropriate insurance carriers are notified, they will investigate the accident and determine what kind of coverage is available.
Uber does note that if physical damage coverage is available through your personal insurance carrier, a $1,000 deductible must be paid.
Uber’s Insurance breakdown:
In 2013, Uber added insurance coverage to the UberX service. This insurance covers drivers during their entire time on duty. Uber’s insurance company will most likely contact you just days after the accident and will want to know as much information as possible to determine who is liable for the damage. The Uber policy states that drivers that are involved in multiple serious accidents will not be permitted to drive for Uber in Las Vegas, or any other city.
When filing a claim, you will be asked the following questions:
- Where were you going?
- What time was it?
- What were the weather conditions?
- Where did it happen?
- Were there any injuries, and what were they?
Liability insurance is up to $100,000 when the driver is online without a client in the car. If the driver is not covered by their own personal insurance during this time, then Uber’s insurance policy will take precedence. The Uber driver’s liability coverage covers third party passengers from the moment the driver accepts the call, to the time at which the passenger exits the vehicle. These values exceed the minimum personal automobile insurance programs required by the state of Nevada:
- $1 million in liability
- $1 million against other motorist (insured or uninsured)
- Cash value for damage done to the automobile
This insurance plan is provided for those injured in an accident when using UberX and UberPOOL services. If you are injured in a car accident involving an UberBLACK, UberSUV and uberTaxi, insurance coverage is provided by private policies. These policies correspond to laws established by the state of Nevada.
What Kind of Damages Can I Recover if I’ve Been Injured in an Uber Accident?
If you have been injured in an Uber accident in Las Vegas, you should understand that Uber does not treat their drivers as employees, but instead as third-party contractors. Uber is not liable for the actions of their drivers. If a person is injured by an Uber driver, that person may not be able to sue Uber based on the actions of the driver. Furthermore, a person cannot sue Uber for damages that exceed one million dollars, regardless of the Uber driver’s behavior. In personal injury settlements, there are various classifications of compensatory damages that must be assessed to establish a settlement. These are designed to put the victim back into the same place as he was before the injury. Punitive damages are also assessed and will be talked about later on.
Included in the total monetary cost of the injury are:
This is the easiest cost to calculate and includes the cost of all doctor’s appointments, hospital stays, testing, and medications. It is important to stay organized during this process. Keep all receipts as this documentation is needed to file a claim. The injured person should wait to file for compensation until the point of “maximum medical improvement.” In other words, the victim should be healed as much as they will possibly heal before agreeing on a settlement by the insurance company. As long as you stay organized, it is easier to figure out the cost of all medical expenses, rather than deal with many small checks as you acquire treatment costs.
The injured can claim the value of any personal belongings that were destroyed or damaged during the accident.
Lost Wages include the time that put the injured out of work during recovery. If a person missed one month of work, they are entitled to one month of wages. “Loss of earning capacity” is applicable when the victim is no longer able to do that job and settles for a lower paying one. In this case, the injured is entitled to any earnings missed.
Can I Settle My Case Directly With Uber?
We do not recommend dealing directly with Uber or their insurance companies without first speaking to a personal injury lawyer if you’ve been injured in an Uber accident in Las Vegas. No matter how minor the injuries may seem, Uber’s insurance companies will use all of their resources to pay you as little as possible for your injuries. We do not recommend giving Uber’s insurance companies any written or verbal statements without the presence of your attorney. It will make all the difference having an experienced personal injury lawyer on your side defending your case. If you want to receive the maximum amount of financial compensation for the injuries you’ve sustained in an Uber accident, you need to find a personal injury lawyer you can trust.
So, Can I Sue Uber?
As with any car accident, you must be able to prove that the Uber driver was negligent and therefore responsible for causing the accident. The amount of compensation you are able to receive will depend heavily on the type of insurance coverage the driver had while driving. Many personal auto insurance policies do not provide coverage while a driver is engaging in commercial operations, in this case working for Uber. At the same time, Uber considers its drivers third-party providers rather than employees. In this way, Uber can deny responsibility (and insurance coverage) for third-party providers who are involved in a car accident while working for them.
Your best chance at receiving full and fair compensation is to contact the personal injury lawyers at Tingey Injury Law Firm in Las Vegas. Our skilled team of personal injury attorneys will be able to successfully negotiate with Uber and your insurance company to make sure you are not taken advantage of. Both Uber and the insurance company want to pay out as little money as possible when an accident occurs, so it can make all the difference having a team of aggressive personal injury lawyers on your side. Call our Las Vegas office today to find out how we can help you.