
Rideshare apps and services are a godsend for those of us who need quick and reliable transportation and, for whatever reason, don’t want to drive our own vehicle. Unfortunately, accidents can happen in any vehicle at any time, including in an Uber, and even on the Las Vegas strip. If this has happened to you, talk to a Las Vegas Uber accident lawyer as soon as possible to find out where you stand and the best course of action to recover the compensation you need to deal with your injuries and losses.
It can be a bit tricky to work out fault and responsibility in a rideshare accident, so it’s very important to keep a careful record of everything related to the accident. This includes all paperwork or communication that you might’ve had with the driver and with Uber; pictures, video, and any other evidence you collect at the scene of the accident; and all your medical records.
Even if the accident was not so serious that you had to be taken by emergency transport to the nearest ER, you should still stop in to see a doctor as quickly as possible after you have dealt with everything at the scene. There are certain injuries that have symptoms that don’t manifest for a while, like internal bleeding. In addition, adrenaline could be coursing through your body and masking the pain of an injury that’s not immediately obvious. You will need all of your medical records if you need to bring a claim, as well.
Because these accidents can be more complicated than a standard car accident, it’s more important than ever to have a car accident lawyer on your side as quickly as possible. This is especially an issue if there is disagreement about who is responsible. Although Uber and other rideshare companies do carry significant insurance to cover them in situations like this, they are also very reluctant to call upon it and are usually quick to attempt to minimize the blame on their driver or find a way to claim that the driver was not acting in their official capacity at the time of the accident.
A lawyer with experience in these matters will have seen all these tricks before and will know how to protect you. Your lawyer will level the playing field between you and an insurance company or a rideshare company with lots of money and resources. And there’s no need to worry about the costs: in most situations, the lawyer will not take any fee unless you win, and a good lawyer will not lie to you about whether you have a case or not. They will tell you honestly right from the beginning whether your case is worth pursuing and what it might be worth based on your individual circumstances.
As soon as you’re in an accident, be sure to go into the Uber app and report the accident. Uber will have you fill out a short report and then will get back to you pretty quickly with next steps. Be sure to save all communication you have with them.
The amount of insurance coverage available depends on who was at fault for the accident and the driver’s status with Uber at the time of the accident. Here’s how it all shakes down:
Uber has $1 million of accident coverage that covers accidents in this situation. This should be pretty straightforward, but it only covers you if you are actively in the middle of a ride when the accident happens, and only if the Uber driver is at fault.
If you are taking an official ride in an Uber vehicle, but the other driver caused the accident, the other driver and their insurance company are responsible for your losses. The minimum they are required to have here in Nevada is $15,000 for bodily injury per person, up to $30,000 total. This is a minimal amount given today’s healthcare costs, so if your costs beyond this, you may be able to make a claim with the Uber insurance policy for the rest of your damages.
If an Uber driver does not actually have passengers in their vehicle, but they are on their way to actively pick up a passenger (i.e., they are logged into the app and “working” but haven’t picked up a fare), Uber doesn’t cover them automatically. However, it will cover them if their personal insurance is not enough to cover your losses. The driver’s personal insurance policy is the first one you turn to. You would only be able to go to Uber if the personal insurance is not enough.
If you were hit by an Uber driver while they’re using their vehicle in a personal capacity, or if you are a passenger in a vehicle that’s used for Uber rides, but you’re just a friend and not a fare, then it’s treated as a normal car accident. You have no recourse to Uber and must recover only from the other driver’s personal insurance policy, your own insurance, or possibly a lawsuit against the driver in certain situations. This is where things can especially be a little tricky, and your lawyer can help you to prove whether a driver was really driving on a personal errand or was actually logged in and working.
Taxi drivers are employees of the taxi company. Uber drivers are independent contractors. They are not employees of the Uber company, and Uber is only a go-between app that connects drivers with passengers. A taxi driver only uses their taxi to give rides; an Uber driver is using their own personal vehicle to make extra money, so sometimes they will be using their vehicle in an entirely personal capacity. The problem comes in determining fault because you must distinguish between personal use and business use. With taxis, this is easy. With Uber drivers, it can be a lot more difficult.
To try to make some of this less difficult to navigate, Las Vegas has some special rules for Uber drivers. They must have a state business license, for instance, and if the driver lives and drives in the Las Vegas area, they must also have a Clark County business license. Uber drivers must be over 21, have had an operator’s license in Nevada for three years or more, have a clean driving record, be personally named on the insurance policy of the vehicle they’re driving, and be able to pass a criminal background check. Your attorney can help you to verify that a driver was a qualified, licensed, and legal driver and help you understand next steps if they were not.
If you’ve been in an accident involving Uber or another rideshare company, contact us today at the Hanratty Law Group in Las Vegas, NV today for a free consultation on your case.