Calabasas Uber Accident Lawyer

You thought you had it all figured out. Instead of driving, you’d take an Uber to the Calabasas Malibu Food & Wine Festival this year. You figured you could sample more of California’s delicious Pinots and Cabs without having to ask for a volunteer to be the designated driver (and no one volunteered anyway). Great idea, but on the way back from the event your Uber driver was broadsided by a motorist who also enjoyed wine—a little too much—but chose to do their own driving. Now their poor judgment has impacted your life.

The car was crushed, but that’s an occupational hazard your driver accepted when signing up. Your leg also was crushed. It will heal, but only after several months of inaction and several more in expensive physical therapy. Since it was an Uber ride, three parties were involved in the accident. So what should you do? Your first priority is to seek immediate medical attention. After that, you’ll want to speak with a skilled Calabasas Uber accident lawyer as soon as possible.

Uber drivers (as are drivers with other rideshare companies) are classified as independent contractors, which means the company shares liability with the drivers. In the event of property damage or bodily injury claims, however, it’s the driver who typically shoulders most of the weight. Uber’s legal team generally chalks it up to driver error when claims are made with the company, although it does provide $1 million in coverage for every driver. Uber also provides contingency insurance for drivers who are between rides.

Drivers typically carry policies that cover their liability when operating for Uber, since personal auto insurance policies generally won’t cover claims for accidents that take place while they’re driving for a rideshare service. Uber’s additional coverage only kicks in after the driver’s coverage has been exhausted.

But Uber is notoriously difficult to work with for accident claims, referring claimants to an email address as opposed to a customer service hotline. Whether you were hit by an Uber driver, hit while using Uber, or an Uber driver who was injured in an accident, you’ll want to consult a legal professional in order to get compensated by the billion-dollar company.

A Calabasas Uber accident lawyer will know how to navigate this particular legal minefield and the various insurance providers involved. Remember, don’t sign onto an insurance settlement offer right away and never without careful consideration. It’s in their interest to close it out (often at a lower amount than your claim should be) as soon as possible.

There may be instances where an Uber accident resulting in serious injury isn’t fully compensated by the driver’s policy and you need to knock on Uber’s door. In the event that someone other than the Uber driver was to blame for the accident, you won’t have much of an argument that Uber shares liability. However, it’s more likely they’ll take responsibility if it was the driver’s fault. Still, as independent contractors they’re not legally under the control or direction of the company.

California Uber drivers’ relationship to the company was poised to change dramatically with the January 1, 2020 passage of AB5, a law drafted in response to Uber’s rise and complaints from drivers. The law was intended to give drivers additional protections and, ultimately, designate many of them as employees. However, Uber has changed some of its terms for drivers in an effort to counteract the law by passing the legal test required for independent contractors. They’re also working hard to challenge the law in court.

If the more prolific Uber drivers were classified as employees, as the law intended, then the company would be liable for all damages and injuries. As of early 2020, it’s hard to say what impact this law will have on Uber’s liability. So while it’s not easy to sue Uber directly if you were involved in an Uber accident, it’s an option in the event that you’re not receiving fair compensation for your injuries.

So while Ubering to that wine (and food) festival was a smart idea, sometimes we aren’t so lucky. If you’ve been involved in an accident as an Uber driver, passenger, or a third party, you’ll need to sort out some details before you file a claim. It can get quite complicated, particularly where the driver doesn’t have adequate insurance or Uber isn’t being responsive. Get the help you deserve by calling the experienced professionals at the Law Offices of Gary K. Walch, A Law Corporation.