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The Complexities of Uber Accidents in Philadelphia, PA
Experienced Philadelphia Injury Attorneys Explain The Complexities Of Uber Accidents
Uber is a great way for people to get around. Don’t have a car? Call an Uber. Want to avoid the hassle of finding a parking spot in a city? Call an Uber. Planning a night out on the town and want to make sure you have a designated driver to bring you home? Call an Uber.
From the service Uber provides to the ease with which one can reserve a car — with just a few taps on a smartphone — the rideshare company has grown in popularity among people of all ages. Many Uber passengers don’t think twice about requesting a car with the Uber app; and many may not realize that the driver that responds is not, in fact, an employee of Uber.
Uber drivers are independent contractors — they are not employees of Uber and they do not receive any special training. Uber drivers are individuals who contract with Uber to provide services, including providing their own vehicles. So what happens if you are in a car accident with an Uber? That’s when using an Uber can get complicated.
Filing a claim for injuries sustained in an Uber accident may involve filing claims against more than one insurance company. It may also result in having unpaid medical bills if you are filing the claims without legal assistance. At Marrone Law Firm, LLC, we believe that at-fault parties should be held responsible for their actions. Our personal injury team is dedicated to fighting on behalf of those injured in Uber accidents, and recovering just compensation for their accident injuries and other losses.
Uber Accident Claims Differ From Standard Vehicle Accident Claims
Uber rideshare services are similar to taxi services in that the rideshare company does not own or operate the vehicles. Rideshare companies also do not hire their rideshare drivers. Uber drivers are independent contractors and because of this, Uber accident claims differ from standard vehicle accident claims.
When you are involved in a car accident and sustain an injury, personal injury law requires that the claimant prove liability for the accident as well as damages. If the individual responsible for the car accident was a rideshare driver, this complicates the personal injury accident claim process.
The Uber driver’s personal car insurance policy will not cover the claim if the driver was driving for money at the time of the accident; most standard car insurance policies state that the driver will be using the vehicle for personal use. Unless the Uber driver has a commercial car insurance policy, their insurance company will deny the claim. Uber’s liability insurance may then apply, with coverage depending upon when the accident with the Uber occurred.
Philadelphia Accident Attorneys Provide Example Scenarios Of Complex Uber Injury Claims
You may be wondering what type of obstacles you may encounter if you try and recover compensation in an Uber accident without the assistance of a personal injury attorney. Below are three hypothetical — and common — scenarios that illustrate the complexities of Uber injury claims:
Uber Accident Scenario 1:
You are driving your car and you get into an accident with an Uber driver that is not transporting a passenger at the time the accident occurs. Because the coverage provided by Uber depends upon when the accident occurred, and in this scenario, the driver was not logged into the Uber app, then Uber does not provide any coverage. You must file a claim against the Uber driver’s personal car insurance policy. If you sustained a serious injury, the Uber driver’s insurance policy may fall short of the necessary coverage.
Uber Accident Scenario 2:
An uninsured driver causes an accident with an Uber while you are a passenger in the car. You sustain injuries and file a claim. But Uber determines that their contingency clause on car accidents and liability coverage does not apply in your situation. So you are responsible for your medical bills.
Uber Accident Scenario 3:
You are driving your car and you get into an accident with an Uber vehicle that is transporting a passenger at the time of the accident. In this scenario, there are three entities involved when you file your claim: your car insurance company, the Uber driver’s personal car insurance company, and Uber’s corporate insurance company. You may be trying to negotiate three settlement offers while battling three different insurance adjusters.
Philadelphia Accident Lawyers Handle Complex Uber Injury Accident Claims
When a simple Uber ride results in an accident and injuries, things can become complicated very quickly. Filing a claim against the at-fault Uber driver’s insurance policy and then Uber’s liability policy may leave you without any compensation for your medical bills and other losses.
Experienced personal injury attorneys at Marrone Law Firm, LLC in Philadelphia, PA are skilled and knowledgeable in handling Uber injury accident claims, with a track record of success in recovering just compensation. To schedule a free consultation with a member of our team, contact our office.
Frequently Asked Questions About Uber Accidents
Q: How Much Time Do I Have To File A Claim For An Uber Accident?
Every state has legal deadlines for filing civil claims, known as statutes of limitations. In Pennsylvania, the statute of limitations for filing personal injury claims is two years from the date the accident occurred. Statutes of limitations are important deadlines — if you do not file your accident claim within this two-year window, the court may refuse to hear your case. If this should happen, then you will have lost your opportunity to recover any compensation for your accident injuries and other losses.
Q: I Am Partly To Blame For My Uber Accident. Can I Still Recover Compensation?
When more than one party is responsible for an accident, special shared fault laws apply. Pennsylvania follows a modified comparative negligence rule, which means that the level of compensation you are entitled to receive will be reduced by an amount that reflects your level of responsibility for the accident. If, however, it is determined that you are more than 50 percent responsible for the accident, then you may not recover any compensation from the other at-fault parties.
For more information about Uber & Lyft accidents, please visit our Uber & Lyft Accident FAQ page.