Do I Sue Uber or the Other Driver After a Crash?* | www.personalinjury-law.com
Do I Sue Uber or the Other Driver After a Crash?*
If you were involved in an auto accident with a ride-sharing service vehicle, you might be left wondering who is responsible for your damages. In that case, you are wondering if you sue a ride-sharing service or the other driver after a crash.
Ride-sharing drivers are independent contractors who use their private vehicles to transport passengers who set up the rides through a smartphone app. Scheduling the ride, billing, and payment are all done through the app and not in the vehicle.
Because ride-sharing drivers are not employees of the ride-sharing service and are independent contractors, you most likely cannot directly sue the rideshare company.
The legal argument would be that employers can be liable for their employees’ actions, but drivers are not employees of the company. Because they are independent contractors, they wouldn’t fall into that category.
The driver is an independent third-party, so that makes ride-sharing service have limited legal liability when it comes to the actions of their drivers. While it might be difficult to sue them directly, they might still be held somewhat liable through their insurance coverage for the damages that you suffer because of an accident involving an ride-sharing driver.
As a ride-sharing service driver, the independent contractor is required to have his or her auto insurance coverage. However, the company has insurance coverage to supplement the driver’s policy when the driver is available for transporting a customer via the app or is in active transport of a rideshare customer.
The Liability Process
Basically, there is a three-tier process for insurance coverage for ride-sharing service drivers. The first tier is the personal insurance coverage of the driver. This coverage provides protection when the driver is not available for rideshare clients and is not acting in a rideshare capacity.
The second tier applies when the driver is actively available for a rideshare client but is not currently transporting a paying customer. The driver might still be covered by his or her own auto insurance, but if that coverage is not available during that time their coverage will take over.
In that case, their insurance would be the primary recovery source for those suffering damages in an accident with the vehicle. The third tier comes into play when the driver is transporting a passenger.
You are entitled to be compensated for your economic and non-economic damages that result from the car accident. Economic damages are those with a specific monetary value, such as the cost of repairing your property that was damaged, the cost of any past and future medical bills, and reimbursement for any past and future lost wages.
Non-economic damages might include pain and suffering, mental trauma, loss of enjoyment of life, loss of consortium, and so forth.
If you have been involved in an accident, you should consult with a personal injury attorney. Your attorney will determine if you sue the ride-sharing service or the other driver after the crash. Complete your Free Case Evaluation Form on this page today.
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