Uber Accident Claims & Settlements: Insurance Periods, Payouts, and How to Maximize Your Compensation

Uber offers an incredibly convenient way to get where you need to go. It is little wonder, then, that Uber is so popular. According to the company, on a global basis, it averages 33 million rides per day.

While Uber is easy to use, that does not necessarily mean that it is safe. If you are hurt in a New York Uber accident, you may be able to file a claim against the driver, the company, and anyone else who may have been responsible for the crash. Our Long Island car accident attorneys will fight to get you full compensation for your medical bills, lost wages, pain and suffering, and other losses.

The Odierno Law Firm Accident and Injury Lawyers advocate for clients throughout Suffolk and Nassau Counties in New York. For each case, our goal is to help our clients get fair compensation for their losses. If you have been hurt in an Uber accident, contact our law offices to talk to a Long Island rideshare accident lawyer about how you can maximize your compensation.

Which Insurance Policy Applies to My Uber Accident Claim?

When you are in a motor vehicle accident, you can file a personal injury claim against the driver who was responsible for the collision. For example, if you were sitting at a red light and another driver rear-ends your vehicle, then you could file a lawsuit against that driver. While these cases can become more complicated, they are often straightforward, with 2 drivers and 2 insurance policies.

Uber accidents are a bit different because of the way that the company is structured. Rather than hiring employees to work as drivers, Uber brings drivers on as independent contractors. This means that Uber does not have “vicarious liability” for the actions of their drivers, as it would be if those same drivers were classified as employees.

It also raises questions about who exactly is financially responsible for the losses that you suffered in the accident. The Uber driver will have their own insurance policy, while Uber also has a commercial insurance policy. Any other drivers involved in the collision will typically have insurance as well (as required by New York law).

The answer to who is on the hook to pay for your damages comes down to two questions:

• Who caused the accident?
• What was the Uber driver doing at the time of the crash?

First, the driver who was responsible for the crash will be considered the at-fault driver. Sometimes, such as in a multi-vehicle car accident, this can be more than one driver. The at-fault driver or drivers will then be responsible for paying for the victims’ losses.

In other words, if the Uber driver was in some way responsible for the motor vehicle accident, then they will be legally and financially liable for your losses. This brings us to the second question: what was the Uber driver doing when the accident happened?

There are a few different scenarios here that will affect which insurance policy will pay on a claim:

1. If the driver is not logged into their Uber app and is not looking for passengers, they are considered to be driving for their personal use. In this situation, you will only be able to file a claim against the driver’s personal auto insurance policy. In New York, the minimum car insurance that a driver must carry is $25,000 to $100,000 (depending on the number of people hurt) for bodily injury/death and $10,000 for property damage.
2. If the driver is logged into their Uber app but has not yet found a customer to transport, then they are driving for commercial purposes. Uber’s insurance policy applies, but it will be the smaller commercial policy of $50,000 to $100,000 for bodily injury (based on the number of people injured), plus $30,000 for property damage.
3. If the driver is logged into their Uber app and is either on their way to pick up a passenger or has a passenger in their vehicle, then Uber’s larger commercial insurance policy applies. This policy provides up to $1,000,000 in damages, plus $1,000,000 in uninsured/underinsured motorist coverage.

If you were in an Uber accident where the Uber driver was at fault and was actively working, then you can file a claim against the company’s $1,000,000 commercial liability policy. This significantly increases the likelihood that you will get a full recovery for all of your losses, particularly compared to the comparatively low insurance coverage that many New Yorkers carry.

Keep in mind that it may be possible to file a claim against more than one responsible party. This could be another driver who caused the accident, or even a third party, such as a government agency that failed to properly maintain the road or the manufacturer of a defective car part. As experienced Long Island personal injury attorneys, our job is to fully investigate and explore your case so that we can get you top dollar for your losses.

What Compensation Can I Recover for My Uber Accident?

In any personal injury claim, compensation is broken down into three categories: economic, non-economic, and punitive damages. Economic and non-economic damages pay an accident victim for their losses, so they are considered compensatory damages. Punitive damages are a bit different because they are designed to penalize someone who behaved outrageously.

Economic damages pay for your financial losses. Another way to think about economic damages is that they cover anything for which you may have received a bill or invoice, like medical bills and property damage. They also pay for things like future medical treatment, lost wages, and reduced earning capacity.

Non-economic damages pay for indirect losses. These damages won’t come with a bill, but they are just as important when it comes to your overall recovery. Examples of non-economic damages include pain and suffering, emotional distress, reduced quality of life, scarring, and disfigurement.

Insurance companies often try to downplay non-economic damages. An insurance adjuster may use a formula or algorithm to assign a number to the accident based on what they believe to be the seriousness of the crash. This number, known as a multiplier, will then be multiplied by economic damages to come up with a number for non-economic damages.

In some cases, the multiplier works well to reflect the scope of a person’s intangible losses. In the majority of cases, it leads to a gross underestimation of an accident victim’s losses. A motor vehicle accident can be incredibly traumatic, leading to significant issues for years to come. It can also change how a person lives due to pain or simply not being able to enjoy the same things that they did in the past.

Our law firm is adept at advocating for our clients to get full compensation for their injuries, including non-economic damages. We understand that recovering from an auto accident can be complex and involves both physical and mental anguish. We will work hard to get you the compensation that you are entitled to under New York law.

The final category of damages in an Uber accident case is punitive damages. Punitive damages are not awarded in every personal injury case, but are reserved for situations where the at-fault party acted intentionally or recklessly (such as a drunk driving accident). During a free initial consultation, our Uber accident lawyers will give you a ballpark estimate of the value of your case and advise you of the possibility of recovering punitive damages.

How Can I Maximize My Uber Accident Settlement? 

The single best way to maximize your Uber accident settlement is by hiring a skilled Long Island rideshare accident attorney to represent you. Studies have shown that working with counsel leads to far higher recoveries compared to cases where injury victims represent themselves. There are several reasons for this.

As an initial matter, your lawyer will thoroughly investigate the accident and research New York law to build a strong case for compensation. This may include determining if another party may be responsible for the accident in addition to the Uber driver. If so, then this could potentially give you another avenue for pursuing full compensation.

Your Uber accident attorney will also work with experts to develop evidence to support your claim. This could include everything from an accident reconstruction expert to a doctor to a vocational specialist who can testify about how your injuries affect your ability to work. This can help to bolster your claim and provide a basis not only for liability but for your requested damages.

At the same time, your lawyer will be using their knowledge of New York law to advocate for you. For example, the insurance company may try to claim that you were partially at fault for the accident, and therefore, your damages should be reduced. Your attorney will use their skill to prove that you bore no responsibility and argue that you should get full compensation.

Throughout the process, your lawyer will handle all communications with Uber and the insurance companies. This reduces the risk that you might say or do something that may compromise your claim. They will also advise you on steps that you can take, such as following your doctor’s recommended treatment plan, to strengthen your case.

Finally, your attorney will attempt to negotiate a settlement for your case. Whenever possible, they will resolve your case outside of court. If the insurance company refuses to offer you a fair settlement, we will take your case to trial and ask a jury to return a verdict in your favor. The potential of a case going to trial often encourages an insurer to resolve your case, because they know that there is a possibility of losing in court and being responsible for an even larger payout on your claim.

Ultimately, the best way to maximize your compensation in an Uber accident case is by working with one of our Long Island car accident attorneys. With decades of combined experience in the field, we will fight for your right to full compensation.

Hurt in an Uber Accident? Give Us a Call for a Free Consultation.

After a car accident, you may be dealing with a lot. Between doctor’s appointments, pain, emotional distress, and worry about money, you might be feeling overwhelmed. Our law firm is here to help.

At The Odierno Law Firm Accident and Injury Lawyers, we are committed to getting our clients maximum compensation for their injuries. We handle all cases on a contingency fee basis, which means that you will never pay a fee unless we recover money for you. To learn more or to schedule a free initial consultation with a Long Island Uber accident lawyer, call us at 631-973-6221 or fill out our online contact form.

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