As more and more people turn to ride-sharing services like Uber, there have been growing concerns over passenger safety. While accidents are rare, they do happen, and passengers may be left wondering if they can sue their Uber driver. The answer is yes; it is possible to sue an Uber driver under certain circumstances.
When Can I Sue My Uber Driver?
You can sue your Uber driver if they were negligent or reckless driving, resulting in an accident or injury. This includes cases where the driver was under the influence of drugs or alcohol, speeding, or texting while driving. Additionally, suppose the driver was acting outside the scope of their employment with Uber (for example, using their vehicle without the app on). In that case, you may be able to sue them directly.
Legal Options for Suing an Uber Driver
If you decide to sue your Uber driver, there are a few legal options available to you:
Filing a Lawsuit: You can file a lawsuit against the driver directly or against Uber as a company. If you sue the driver, you must prove they were negligent or reckless in their driving. If you sue Uber, you must prove that the company was responsible for the driver's actions through their employment relationship.
Arbitration: Uber requires all users to sign a mandatory arbitration clause as a condition of using their service. This means you may be required to go through arbitration instead of filing a lawsuit if you want to sue Uber. Arbitration is a private process where an arbitrator reviews evidence and makes a binding decision.
Insurance Claims: If you were in an accident with an Uber driver, you can file an insurance claim with their insurance company or Uber's insurance policy. Uber's insurance policy provides coverage for certain accidents and injuries, but the amount of coverage depends on the circumstances of the accident.
Dealing with Uber's Insurance Company
If you decide to file an insurance claim with Uber, it is important to understand how their insurance policy works. Uber has a three-tiered insurance system that provides coverage based on the driver's status on the app:
App Off: If the driver is not using the Uber app, their personal auto insurance policy will be responsible for any accidents or injuries.
App On, No Passenger: Uber's insurance policy provides limited coverage for certain damages and injuries if the driver is using the app but does not have a passenger.
App On, Passenger in Vehicle: If the driver is using the app and has a passenger in the vehicle, Uber's insurance policy provides coverage for any accidents or injuries during the ride.
Luzerne County's Car Accident Lawyers
Being involved in an accident as an Uber passenger can leave you with physical, emotional, and financial burdens. Understanding your legal options and how to proceed is crucial for obtaining the compensation you deserve. Our team at Slusser Law Firm is here to help. Contact us today at (570) 405-9953 for a free consultation and let our experienced team fight for your rights.