Is Uber or the driver at fault for an accident?

It can be confusing if an Uber accident is the driver's fault or Uber's fault, so you know who to sue. So, let us help you break it down by answering some questions. First, you need to know that it can be a complex process to determine whether to seek damages for injury or property damage from the driver or Uber. With a free consultation, The Fitzpatrick Firm will help you break down the process for your unique circumstances.

Let's start with some ridesharing basics:

Even though we all know what Uber is about, some definitions help frame the issue from a legal perspective. So as you already know, Uber is an app that allows anyone with a license and insurance to sign up to drive you around for money. It is purely based on who can get you where you need to be cheaper, not necessarily which car or who is driving. You choose a car from the app based on the closest one to you at the time, their rating, and cost. Drivers can and will be fired if they have received poor ratings from passengers, thus ensuring good driving skills and awesome customer service for their customers.

Now that we have covered some basics about Uber, we can start to answer some questions.

Who is at fault for the accident?

Since Uber does not own or insure its drivers' cars, it’s easier to sue the driver in Georgia and look to their insurance for compensation. However, you can sue Uber as well.

Can I File a Lawsuit Following an Uber Accident?

If you have been injured in an accident with an Uber driver, you may be wondering if you can file a claim against the company. The simple answer is yes. But due to its status as a transportation network company (TNC), the company is not liable for any negligence on your part that led to this accident under Georgia law. The only way that Uber might be held responsible for an accident in Georgia is if the company was at fault - for example, if it failed to ensure that its drivers were in a position to safely drive the vehicle.

Should I Sue Uber or The Driver?

Although Uber is technically an independent contractor, the company shifts many of the costs onto its drivers. Drivers are required to maintain full commercial liability insurance at all times while carrying passengers for Uber. However, the company only requires that this insurance have a $50,000 limit. This means that if your injuries exceed that amount, you may need to sue the driver as well as Uber.

Suing an Uber Driver Directly

When suing an individual who is driving for Uber, you would need to consider whether the person has enough personal assets to pay a significant judgment against them. If they do not, seeking damages from Uber might prove more beneficial. In addition, if the driver has only been driving for a short time, the company may have little to no coverage in place.

Suing Uber

To file a claim against Uber, you would need to do so through their corporate office in San Francisco. In most cases, this is unlikely to yield any kind of meaningful compensation, as they are often more interested in keeping costs low. This means that taking a claim to court is often a more effective choice.

What is Uber’s Insurance?

Personal auto insurance policies:

The insurance that Uber drivers are required to carry is only $50,000. This is well below the average cost of an accident in Georgia and can leave many drivers without sufficient coverage in case of a major accident.

In addition to liability insurance, Uber requires its drivers to have their personal injury protection (PIP) and property damage liability (PDL) coverage. This is to ensure that, in case of an accident, the individual at fault will be covered for damages up to $50,000.

Uber’s contingency liability policy:

This policy is very limited and will not apply to every accident. For instance, it will only protect Uber if the driver at fault is uninsured or underinsured.

Uber’s rideshare liability policy:

This policy provides $1 million of liability coverage. However, this is only in place when Uber’s app is on and the driver has a passenger in their vehicle. It will not cover drivers who are engaged in commercial activity such as accepting a ride through Uber while off duty.

Wondering Whom To Blame For Your Ridesharing Accident? Get In Touch With Our Team For More Information!

Since Uber does not own or insure its drivers' cars, you would find it tough to face the company alone if you’re in an accident and an Uber driver was at fault. The Fitzpatrick Firm will stand by your side all the way. We’ll help you get the compensation you deserve. Call us today at  (678) 607-5550 to talk to one of our attorneys.