Using Uber to get from point A to point B is really convenient — with the tap of our phones, a driver is assigned to us. The service is pretty easy to use and generally, all goes well… until the accident. Being in an Uberaccident can be more traumatizing than another accident because you have to deal with Uber and their attorneys who are only out to benefit Uber. When in an Uber accident, you may wonder: Will Uber pay my medical bills after an accident as a passenger? The answer is not completely clear. It’s something like: yes unless…
Knowing the factors that determine when Uber pays your medical bills is an important starting point to making sure you recover monetarily for the full value of your injuries.
What are the factors that determine who pays an Uber passenger’s medical bills after an accident?
When property damage or injuries are sustained after an auto accident, it is usually the at-fault party and his or her insurance company that reimburses the victim’s medical bills. If the at-fault party is the Uber driver, then you may wonder if Uber will pay. Whether Uber specifically pays for your medical bills after an accident in which you were a passenger depends on two typical variables:
- Fault: Who was at fault for the accident? It may not always be the Uber driver at fault; it could be another driver. Sometimes, both the Uber driver and another motorist share responsibility for the accident. When it isn’t the fault of the Uber driver, Uber will not pay unless the other driver does not carry auto insurance. Uber has uninsured motorist coverage. This means that if the Uber driver was not at fault and the at-fault motorist has no auto insurance, your medical bills will still be covered by Uber’s auto insurance policy.
- Amount: How much are your medical bills? Uber covers passengers up to $1 million for injuries if the accident occurs between the time the Uber driver accepts your request for a ride until the moment you are dropped off at your destination.
$1 million seems like a lot, thus, in less serious auto accidents, the amount should easily cover your injuries. In more serious accidents, however, $1 million starts to seem smaller and smaller. The problem here becomes: what if compensatory damages exceed $1 million? Uber claims passengers cannot claim more because Uber drivers are effectively independent contractors. As such, Uber is not responsible for their actions, even when the Uber driver was driving while intoxicated, and thus, caused the accident that led to injuries exceeding $1 million. If, however, Uber drivers were considered employees, then you would be able to recover more from Uber. One day soon enough, the courts may determine the status of Uber drivers as either contractors or employees. Until then, you (or your attorney) will have to provide a clear argument if you require more than $1 million in compensation.
You must also keep in mind two things:
- Medical bills are not the only thing for which compensation should cover — you can also seek compensatory damages for things like lost wages and pain and suffering; and
- Uber attorneys work for Uber, not you — this means you can expect some pushback from them depending on what you ask the company to recompense; they are worried about profits and their own pockets and not your injuries or suffering.
If you are a passenger using Uber’s service and are in an auto accident from which injuries are sustained, regardless of fault on the part of the Uber driver or another motorist, Uber will pay your medical bills up to $1 million. To get it to pay more than that, however, may be a fight, but a fight worth taking. Full and fair compensation is your right as a victim.
Who should you contact to ensure your rights as an Uber passenger are upheld?
When you are injured in California as well as elsewhere due to an accident caused by another person or entity, then you are entitled to compensation. As mentioned, compensatory damages include things like:
- Medical bills
- Lost wages (past and future)
- Loss of earning capacity
- Pain and suffering
- Loss of consortium
- Loss of enjoyment
- Mental anguish, and
- more.
In California, Washington State, and throughout the United States, victims of auto accidents have rights. Namely, you have the right to file a claim or lawsuit for property damage and bodily injuries. You also have a right to retain counsel to represent you before big companies like Uber and insurers. To make sure your voice is heard and your rights are upheld, you should seek experienced legal counsel. At Ledger Law Firm, our personal injury lawyers are here to help you get the compensation you deserve in your Uber accident case. Contact us to appoint a time for a free initial consultation. Bring with you any documentation or medical bills you already have, and, of course, bring your questions. We will answer them honestly and concisely so you can make an informed decision about your next step to full and fair compensation.
