Uber and other rideshare companies have their share of safety issues. Although the process started slowly, all 50 states now have regulations that govern how these companies screen drivers to prevent accidents. There are also regulations about the insurance they must carry to protect accident victims.
When Uber drivers cause accidents, passengers, motorists, pedestrians, and cyclists can suffer injury or death. While the same laws apply to determining the liability for the resulting losses, Uber and its drivers operate under a different set of insurance requirements.
After you get injured by a negligent Uber driver, you need a trusted attorney who can stand up to the company’s multi-billion dollar insurers. The Clifton Uber accident lawyers at Garces, Grabler & LeBrocq have been helping English- and Spanish-speaking accident victims for over 30 years. Contact us to learn how a car crash attorney can help after an Uber crash.
Steps To Take Following an Uber Accident in Clifton
When you get injured by an Uber driver, you need to document what happened. Your options will depend on the Uber driver’s actions as well as your role in the crash.
Specifically, the insurance coverage available to victims will depend on whether you were a passenger or a road user. It will also depend on whether the Uber driver or someone else caused the collision.
The steps you take after the crash could affect your rights. Some ways you can protect your right to pursue injury compensation include the following:
Rights of Passengers in Uber Accidents in Clifton
The tricky part of dealing with Uber accidents is that Uber drivers use the same vehicle for personal and business purposes. Different insurance requirements apply depending on the vehicle’s use. Thus, the rights of a pedestrian or motorist will differ based on what the Uber driver was doing when the crash happened.
However, when Uber drivers carry passengers, special insurance provisions kick in. This insurance coverage guarantees the rights of passengers, including:
- The right to pursue a claim for Uber driver negligence
- Liability coverage of up to $1.5 million for bodily injury
- The right to see the Uber driver’s insurance information after a crash
Of these, the most important is the policy limit for drivers once they pick up passengers. Bear in mind that this policy limit gets split across all victims injured by the driver’s negligence. Thus, passengers will share this liability coverage with motorists, pedestrians, and cyclists injured in the same crash.
Differences Between Uber Accidents and Regular Car Accidents
The biggest difference between Uber accidents and other car accidents comes from the way insurance works in New Jersey. When you ride with a friend or family member, you fall under the no-fault insurance for the vehicle. If you crash, you will typically start with a no-fault policy. You will only move outside this policy if you suffer severe injuries or your costs exceed the policy’s limits.
Uber drivers, on the other hand, must carry liability coverage while transporting passengers. When Uber drivers crash with passengers aboard, anyone injured can pursue compensation from the liability policy.
On the one hand, liability policies require proof of the Uber driver’s negligence. An injured person can only recover compensation if they prove the Uber driver negligently caused the crash.
On the other hand, the limit for the mandatory liability policy is significantly higher than the state’s no-fault minimums. This means the Uber driver’s liability policy will have more funds available for victims who are catastrophically injured.
Navigating the Legal Process for Uber Accident Claims in Clifton
Whether you are a passenger or a road user, your accident claim will start with an insurance claim. Liability insurance is a contract between an insurer and a policyholder to pay liabilities incurred by covered drivers. In plain language, this means that liability insurers pay third parties injured by drivers listed on the policy.
To establish liability, you must prove the driver acted negligently. Negligence occurs when an Uber driver fails to exercise reasonable care while driving. This standard of care means the driver must drive with the caution and prudence of an ordinary person in the same situation.
Clifton lawyers can prove an Uber driver’s negligence in an accident in two ways. First, a driver is negligent when they break traffic safety laws. Thus, a crash that results from an Uber driver who tailgated or ran a red light resulted from negligence.
Second, lawyers can prove negligence even when an Uber driver did not violate any traffic laws if they acted in a way that created an unreasonable risk of a crash. For example, New Jersey has no laws against eating while driving. But if your Uber driver was distracted because they had a sandwich in their hand while driving, you have a negligence case.
Lawyers start the legal process by filing an insurance claim with the Uber driver’s carrier. This claim explains what happened and includes supporting documents, such as medical records, crash reports, and witness statements.
The insurer assigns an adjuster to your case. The adjuster investigates the claim to determine whether the insurer is legally obligated to pay it under the policy’s terms. If the adjuster accepts the claim, your lawyer can negotiate a settlement. If the adjuster denies the claim, you may need to file a lawsuit.
Contact Our Clifton Uber Accident Attorneys
An Uber crash presents many legal and factual issues that are best handled by an experienced Clifton Uber accident lawyer. To recover full and fair compensation for your injuries, you will face powerful insurance companies protecting valuable insurance policies. Garces, Grabler & LeBrocq has the tenacity and resources to stand up to these insurers and fight for your best interests.
Regardless of your role in the crash, you have options for pursuing compensation for the losses caused by your injuries. Contact us online or call 1-800-923-3456 for a free consultation to discuss your Uber accident and how we can help you.