Uber Accident Attorney Stockton

Written by: Steven L. Brown

Over the past several years, rideshare apps such as Uber have considerably changed how people take trips across their city, such as Stockton, or the state of California. However, while asking for a ride from an app on your phone is convenient, you should know that not every Uber driver can safely and legally transport people. With the popularity of Uber services skyrocketing in the city, it is only beneficial to fully understand the insurance policies Uber offers passengers.

If you have been involved in an Uber accident, you may have specific options for financial compensation. While the Uber company itself does not do much about negligent drivers, our legal team can help you file your claim or even sue the driver or Uber for negligence. At Brown & Gessell, our Uber accident attorneys can help you seek compensation while preserving your legal rights and best interests.

What Is Different About Uber?

Uber considers their drivers to be independent contractors, so they are not recognized as public transportation such as city or county buses or subways. Moreover, they are considered a different type of employee than taxi drivers because they can work for as long as they want, are not paid overtime hours, and cannot receive benefits.

Another issue is that typically employers who hire contracted workers are not responsible for the injuries or actions of third-party contractors, in this case, Uber drivers. Although Uber has attempted to claim that they are not liable for any accident or damages their drivers cause, recent laws have mandated that this legally change. In many states, Uber must carry insurance policies on all its drivers, covering up to $1,000,000 in damages.

Most shocking is the minimal security Uber takes in screening drivers.  Uber drivers only need access to the app via their smartphones and must complete an online application. They must have a car that meets Uber standards, proof of insurance, and a clean background check dating back seven years. That means that anything dating back more than seven years will not appear. Furthermore, Uber’s HR department seems lacking, as drivers with poor driving or criminal records can be hired.

When Is Uber Insurance Coverage Available?

Even if an Uber driver is 100% at fault for the accident, the amount of financial compensation can vary based on the driver’s status when the accident occurred. Suppose the at-fault Uber driver was not logged into their app when the collision occurred. It may occur that there is no coverage and only your first-party uninsured coverage would apply. Other avenues of recovery are also the person who caused the collision, which is called third-party coverage.

On the other hand, if the driver had not accepted the ride yet, but was logged into the app, Uber can provide up to the following coverage:

• $50,000 of third-party liability coverage for a single individual’s injuries
• $100,000 for all injuries
• $25,000 for property damage

Ultimately, if the Uber driver has accepted the ride or was traveling to pick you up or transport you, third-party liability coverage of up to $1,000,000 might be available.

The results of an Uber accident can be severe, so do not let your injuries dictate your life. No matter the circumstances of your Uber accident, it is in your best interest to call an Uber accident attorney as soon as possible to go over your case. Contact the Uber accident attorneys at Brown & Gessell, and let us get you fair compensation for injuries and damages from such a rideshare car accident.

What Compensation Can You Receive for an Uber Accident?

Under California law, you are entitled to seek compensation for your injuries as an accident victim. In rare situations, you might also be entitled to punitive damages if the Uber driver inflicted intentional harm or showed extreme recklessness. In a personal injury claim, you may be awarded the following types of compensation:

Economic Damages

These damages are intended to compensate for your out-of-pocket expenses related to your injuries. The monetary amount is usually easily determined, and it can include but is not limited to the following:

• Medical expenses
• Lost income
• Property damage
• Loss of earning capacity

Non-economic Damages

Non-economic damages can be more challenging to quantify, yet they include but are not limited to:

• Pain and suffering
• Loss of enjoyment of life
• Emotional distress and trauma
• Losses related to permanent disfigurement, disability, or physical impairment

Unlike in other states, California has no cap on the financial compensation you can receive in a personal injury case. A jury will award you whatever amount they deem reasonable based on the evidence. These damages are often termed harms and losses. Keep in mind that California is a comparative fault state. That means if you were partially at fault for the Uber accident, the jury would subtract whichever percentage of fault you share from the compensation awarded based on the defendant’s share or responsibility.  Regardless, sharing fault for an Uber accident does not bar you from filing your personal injury claim.

How Long Do You Have to File Your Uber Accident Claim?

The deadline to file a personal injury claim is referred to as the statute of limitations. In California, you have two years from the date of your Uber accident to file your claim. If a state, federal, or municipal car was also involved in the Uber accident (regardless if you were the pedestrian, passenger, or driver), you have six months from the date of the accident to file your claim and begin your action.

If you were injured in an Uber accident, you should immediately contact the Stockton personal injury lawyers at Brown & Gessell. We know that dealing with any rideshare crash can be difficult, and such cases are complex and challenging to handle on your own. Because multiple parties might be involved, and the laws are constantly changing, it is best for our attorneys and let them fight for your rights.

Contact Brown & Gessell Today

At Brown & Gessell, we understand that being injured in a car accident can be emotionally and financially overwhelming. But when an accident involves Uber, it might be even more challenging to navigate. The great news is that California laws protect your rights as an accident victim and reign in the rideshare companies. Having us by your side, you can start focusing on getting well while our legal team handles your Uber accident claim. Call us at (209) 430-5480 for a free consultation.