Today, Uber is an accessible alternative to standard public transportation. Ubers have more flexibility than buses that have a specific route. Houston Uber cars can travel freely along the highways and streets. While there are numerous positives to using their services, there are also several dangers. If you are injured from an accident involving one of these, contact a Houston Uber accident attorney at the Law Office of Calhoun Meredith to discuss your recovery options.
Accidents from Uber and Houston
Uber drivers are just like other motorists. They are constantly making decisions that will affect their safety, the safety of their passengers, and the safety of other drivers. Unlike other motorists, however, Uber drivers often navigate unfamiliar areas of the city while using the app.
Unlike other car users, though, Uber drivers often ride in unfamiliar parts of Houston, doing this while using an app that regulates their charges. An Uber driver can be distracted and dangerous to others in Houston, TX .
An Uber driver might find themselves traveling to a new part of town that they weren't familiar with. This could have the driver at a new intersection that could be confusing, leading to a dangerous situation.
Additionally, there is pressure on Uber drivers to get their passengers to locations in a timely manner. This often results in speeding or driving in an erratic manner. This conduct can not only be dangerous, but can lead to traffic tickets, criminal charges, or even a serious car accident.
Should I Hire a Personal Injury Lawyer for an Uber Accident?
If you have never been in a rideshare accident, then you have no idea how complex things could be after the accident. Dealing with company legal professionals, insurance claims, as well as your lost wages and medical costs should not be handled by you alone. A Houston personal injury lawyer can help you with your accident claim, giving you the chance to recover without the added burden of handling your case yourself.
Another vital aspect of an Uber accident is getting an experienced attorney. You have to be sure that you are employing a legal expert who is familiar with Uber accidents, not just car accidents . Having an attorney who primarily handles Uber accidents is crucial due to the specific rideshare laws and rideshare insurance companies. You will need a Houston personal injury lawyer with a solid track record of success handling rideshare accident insurance claims. The attorneys at Calhoun Meredith are here to help you receive the compensation you deserve.
Using Uber services can be risky
As a passenger, an Uber accident is terrifying. Although every accident is different and unique, a Houston, Texas Uber accident lawyer can give you excellent insight into how rideshare insurance works and how you can hold a driver accountable for what happened.
Basically, if you were not the driver and it was not your own vehicle, there will be no involvement from your auto insurance company. You will likely get compensation from the Uber driver's insurance company and from Uber.
How do insurance companies understand ridesharing?
Having auto insurance is a requirement for Uber drivers. Drivers usually arrange it through one of Uber's partner policies (such as Liberty, Mutual, Progressive and Allstate insurers). However, these policies do not guarantee passenger coverage. This depends on the circumstances. When you are in an Uber accident, you will see that these insurance companies will usually try not to pay accident insurance claims.
The good news is that Texas law regarding Uber services is constantly evolving. With Uber growing rapidly, lawmakers are moving quickly to update the law.
“Texas AB5” is a law that helps the state of Texas decide when a person is an independent contractor or an employee. Uber drivers are independent contractors as they only work certain hours.
Therefore, in the event of an accident, Uber insurance or the driver's insurance should offer coverage. Although, as with any type of insurance payout, there will most likely be some type of legal battle over an Uber passenger injury claim from an accident.
Prior to the passage of “Texas AB 5,” an Uber driver obtained personal auto insurance coverage because the app was turned off. When the Uber driver app is turned on, Uber's liability coverage kicks in. When a passenger is in the vehicle, Uber offers a higher level of coverage.
Rideshare companies are required to have $1 million dollar liability policies. This liability coverage applies to injuries sustained by an Uber passenger when the driver is at fault. Additionally, it applies to a pedestrian who is struck by a vehicle when the accident is the driver's fault.
Uber drivers spend a lot of time on the road, sometimes dealing with difficult passengers, and often checking their cell phones while driving.
Background check for Uber drivers
Uber's hiring practices and inadequate driver background checks create an opportunity for physical or sexual assault, especially on female passengers. Our legal experts will safeguard the identity of anyone who has experienced such an event, and will strongly advocate for individual just compensation.
In the past, Uber has struggled with misleading and false safety claims. The company now has features in the app like being able to call 911 to try to undo a poor security record. A CNN news report speaks of more than 100 cases of assault in the US while riding in an Uber.
Uber supposedly vets its drivers thoroughly before hiring them. Many are reliable and can be depended on. There are some that are not. There have been cases of assault on Uber passengers by drivers whose criminal records should have made them unfit for hire. When this happens, Uber is responsible for putting its customers in harm's way.
What Uber riders need to know
People use Uber services for a number of reasons, including efficiency, cost, and convenience. However, what should you do if your Uber was in an accident. ? Who is responsible for your injuries?
Uber fully insures each passenger. If you are injured while riding an Uber, you are entitled to compensation. People who travel in a vehicle from this company have every right to think that they will reach their destination unharmed. If Uber can't give you this level of service, then it can and should be compensated.
If you experience any obstacles to obtaining the compensation you rightfully deserve, it is vital that you retain an attorney to ensure that Uber lives up to its obligations.
Uber drivers are independent contractors, not employees.
Because Uber markets itself as a technology company rather than transportation services, an Uber driver is an independent contractor and not an employee.
This difference works as a legal maneuver that protects the business in the event of a lawsuit. Under the law, companies are less liable for the actions of an independent contractor than those of an employee.
If the driver is responsible for the accident, you could try to fight Uber so that they take part of the blame. However, this is a gray area as Uber has gone the extra mile to ensure that its drivers are known as independent contractors and not employees.
It's unclear if Uber and other ride-sharing companies can continue to hide behind the independent contractor's claim. Particularly when there are currently legislative attempts to have rideshare drivers classified as employees. For example, the Texas AB5 law is intended to safeguard Uber drivers, making it more difficult for rideshare companies to argue that their drivers are not employees.
Keep in mind that getting a recovery against Uber insurance coverage is possibly an option for you. You can seek compensation through the company's $1 million dollar liability coverage or through your UIM coverage. If you are injured in an Uber, going after the Uber corporation directly is probably an unnecessary and last resort.
TNC Transportation Network Company
A transportation company (TNC) is a corporation that allows a passenger to plan transportation with a driver solely through the entity's digital network. The TNC does not include:
- Taxis
- Limousines and car services using a method other than a digital network
- carpool or vanpool
- A type of trip in which the driver receives a fee that does not exceed the cost of the driver in providing the trip.
- The driver receives a fee that exceeds the driver's costs associated with providing the trip. However, the driver makes up to three round trips each day between the passenger's or driver's work and the passenger's or driver's residence.
Which driver caused the accident?
The first phase of an Uber accident investigation involves deciding who is at fault for the accident. The person responsible for the accident must be held accountable for any damages.
This is where your Houston personal injury lawyer comes into play. This legal professional will investigate the reason for the accident, determine the circumstances surrounding the collision, and finally, say who is responsible for each factor in it.
In some cases, the Uber driver could be at fault for causing the accident. However, this may not always be true. Another driver could be the reason for the accident. In other situations, adverse weather, faulty car parts, or poor road conditions could be factors in causing the Uber accident. There are even times when both drivers are at fault for the accident. As a passenger, these are circumstances beyond your control.
Let's say you file an Uber passenger injury claim when the police determine that both drivers were the reason for the accident. As a passenger, you are now caught in the middle of the driver's car insurance company and the Uber insurance company.
In an ideal world, you might get compensation from Uber's liability policy and the other driver's liability policy. However, you will need to submit two separate claims.
For most people who have been an Uber rider, the confusion of all these rules and regulations is normal. Any experienced Houston rideshare accident lawyer has had many clients just like you, caught up in the point of view of an innocent passenger in a complicated accident claim.
In addition, there is always the uncertainty of what happens when there are many passengers. Now you and others are making Uber accident claims. There will most likely be a maximum dollar value limit for the insurance policies, which means that you will be dealing with other passengers for a set amount of funds.
It is critical to know the exact cause of the accident and acknowledge all responsible parties before filing a claim. If more than one driver is at fault for your damages, you will want to name all parties in the claim to improve your chances of getting full compensation for your damages and injuries.
Can I sue Uber for an accident?
Uber is a vast corporation with a net worth of $75.5 billion. As such, it ensures that the liability and coverage for uninsured and underinsured motorists is $1 million. Standard motorist liability coverage is $15,000. The level of insurance that Uber covers means that anyone injured in an accident where they are not at fault could get full compensation. Uber insurance covers lost income, medical costs, pain and suffering after an accident.
Therefore, it is vital to have the representation of an experienced Uber accident lawyer who can get you the best possible result.
The Calhoun Meredith Law Firm wants you to understand that you can anticipate substantial compensation if you fall into one of these categories:
- A passenger is injured in an accident in which an Uber driver was at fault.
- An Uber driver was injured in an incident where another driver was at fault.
- An injured passenger in an Uber, regardless of which driver is the
Uber and other transportation network companies (TNCs) bring numerous benefits to Houston, Texas. An Uber is more accessible than a taxi. Also, a business like Uber creates hundreds of new jobs. The requirements to become an Uber driver are a cell phone, driver's license, and a vehicle.
Are there insurance requirements for a transportation network company?
A TNC driver or a TNC (transportation network company) on behalf of the driver must have primary automobile insurance which is required under the Texas Insurance Code of 1954. This statute is intended to be used when the driver logs into the TNC digital network and transports a passenger. Enforcement of having insurance is done by the TNC driver's insurance, the company's insurance, or both.
But regardless of these advantages, Uber could be challenging, especially when it comes to how the company handles car accidents. . If another driver is at fault for the Uber accident, their claim would be against that driver. You file the claim against the driver's auto insurance, seeking recovery for his pain, suffering, and financial loss.
As with any insurance claim, the other driver's insurer may deny the claim or offer a dollar amount that is much less than the claim is worth. In some cases, the insurance company may try to blame the Uber driver. Everyone knows that Uber has a huge insurance policy on their drivers. When one of these is at fault for an accident, you should file your injury claim against the Uber driver's insurance coverage. Texas requires all drivers to carry liability insurance in case the driver is responsible for a car accident.
However, in an Uber accident, the driver's personal insurance coverage may not apply. Most insurance policies disregard all losses related to fees paid. An exception is if the driver purchased a particular type of auto insurance policy that would cover accidents while carrying a paid rate.
In this case, the passenger must file a claim against Uber's insurance policy that covers their drivers. Uber offers its drivers $1,000,000 third-party liability insurance coverage for any accident where a driver is carrying a passenger.
In addition, Uber offers coverage for the uninsured or underinsured. This insurance is when another driver is at fault for the accident, but has insufficient or no insurance to pay your claim. You can also get paid by Uber by filing an underinsured claim as an Uber passenger.
Compensation for a rideshare accident
So if you are injured as an Uber passenger who is in a car accident how will you get restitution for your injuries? Typically, financial responsibility comes from the at-fault driver's insurance provider.
The compensation you could get after an Uber accident will depend on several things used to decide compensation in any other car accident. Some of the things that will affect your payout for an Uber injury claim include:
- The driver responsible for the Uber accident.
- The amount and type of insurance available.
- The severity of your injuries.
- The total amount of your financial losses.
- If you have any permanent disabilities or impairments.
- The extent of your recovery.
- Whether you may suffer future damages or losses related to your injuries or the accident.
Our Houston Uber accident attorney will partner with you to record your losses and injuries. We want to make sure that you put all of your damages into your accident settlement claim. Additionally, our skills include handling Uber accident claims. We know the difficulties involved in dealing with multiple insurance companies and a ride sharing company like Uber.
Although Uber might tell you that it will take full responsibility, don't think that means that Uber will treat you fairly or give you full compensation. Talk to a member of our legal team before settling to make sure he is receiving compensation for the full amount of your Uber accident claim.
What insurances apply?
Uber driver auto insurance coverage covers injuries to your passengers. This fact is only true if the driver has a personal auto insurance policy or a commercial insurance policy. The policy must contain a special provision that offers insurance coverage while working as an Uber driver.
It is important to understand that most Uber drivers will not have a commercial or personal auto insurance policy that covers your injuries as a passenger.
If an Uber driver owns a car insurance policy, they most likely have a "commercial use exception." This means that the policy will not cover injuries and damages that occurred while the driver was operating as a for-profit employee.
When it comes to rideshare company insurance, Uber has third-party liability insurance coverage that will pay for any damages and personal injuries. It is vital to note that these policies will kick in only after the Uber driver's personal insurance is exhausted. Uber requires your driver to have coverage. As a passenger, this type of liability policy covers you when the driver is liable.
Crimes involving Uber drivers and passengers
Any situation could occur when an Uber driver is on call. If you are a passenger of this company and a driver violates your rights, hurts you or assaults you in any way, you should call a Houston personal injury lawyer.
We handle your personal injury claim so you can focus on your life
The lesson here is that any involvement in an Uber accident could be complex. Even more so when there are multiple people filing accident injury claims with many insurance providers.
Between lost wages and medical bills, being the victim of an accident could be very expensive. Therefore, it is helpful for injured Uber passengers to speak with a Houston personal injury attorney to find out if they are entitled to compensation.
At Calhoun Meredith , one of our Uber car accident law experts can give you legal advice with your best interests in mind. Our team can help you gather the necessary evidence to ensure your case is as strong as possible. Our lawyers are familiar with the schemes carried out by rideshare companies in their efforts to avoid liability.
You will need a knowledgeable Houston Uber accident personal injury lawyer to help you navigate the process. With us, our goal is to make sure that these companies' insurance companies don't keep you waiting. We can help you with your claim for an injury in the accident. If you have been in an Uber accident or have been assaulted by an Uber driver, call us today.
