Can An Injured Passenger In An Uber Claim Damages In A Pedestrian Accident?
Accidents involving Uber passengers vs. pedestrians can lead to injuries that can seriously impact the lives of those involved. If you have recently been involved in an Uber vs. pedestrian accident and have sustained injuries, you’re likely wondering if you’re eligible to file a claim and obtain compensation.
With the help of Hancock Injury Attorneys, you will have a fighting chance of receiving compensation for your injuries. We will tirelessly work with you to assess your eligibility and help you determine the cause and who is at fault for your injuries. Without further ado, let’s look at when you can potentially claim damages as an injured party in an Uber pedestrian accident.
What To Do After Incurring Injuries As A Passenger In An Uber Pedestrian Accident
Before we delve into when you can claim for injuries incurred as a passenger during an Uber pedestrian accident, it’s crucial to discuss what you need to do in this situation. Below we have briefly listed a few simple steps you should consider following to ensure you have the best chance of obtaining compensation when filing a claim.
- You need to call your local police and report the accident to ensure you have access to a police report.
- You need to ensure the ambulance called to the scene checks you for injuries to determine if you have suffered major or life-threatening injuries.
- You must obtain the contact information of the Uber driver and pedestrian involved in the accident, including applicable insurance information.
- If possible, you need to get witness statements, video footage, and images of the accident.
- You need to immediately seek out medical attention at a doctor or emergency room to ensure you have a record of the injuries you suffered because of the Uber pedestrian accident.
- You need to contact an attorney to begin assessing who you can claim compensation from for your injuries and damages.
The Two Scenarios Where You Can Claim For Injuries Incurred During A Uber Passenger vs. Pedestrian Accident
There are primarily two scenarios that will determine who you can claim compensation from as a passenger injured in an Uber pedestrian accident. Below we have briefly discussed these scenarios so that you can have a better idea about how you can go about claiming monetary compensation for your injuries.
The Uber Driver Caused the Accident
In most instances, if the driver was at fault for the injuries you sustained during an Uber pedestrian accident, their insurance coverage will apply to your injuries. However, this is often only true if the Uber driver has a commercial or personal car insurance policy.
These policies will need a special clause stating that the insurance will pay out if the driver was involved in ridesharing driver activities. Unfortunately, most don’t have this type of insurance policy. In these instances (if you’re unable to claim from Uber), you will need to file a lawsuit against the Uber driver responsible for the pedestrian accident you were injured in.
Interestingly, if you can claim from a driver and their insurance coverage is exceeded, you can file a claim with Uber’s third-party liability insurance provider. There are numerous rules surrounding this option involving if a driver was involved in an active ride at the time. That’s why it’s better to speak with an attorney if you choose to go this route.
Moreover, you should note that if you can claim from Ubers coverage, there is a $1 million cap for personal injuries and property damages. There are also uninsured and underinsured insurance coverage providers that you might be able to file a claim with to receive compensation. An attorney can help explain these insurance types and when they apply to you.
The Uber Driver Wasn’t At Fault for the Accident
If the Uber driver was not at fault for the pedestrian accident that you were injured in as a passenger of an Uber ride, you won’t be able to seek compensation from the Uber driver. However, this doesn’t mean that you won’t be able to claim compensation from another at-fault party.
Should the pedestrian accident have been caused by another driver, you can file a personal injury lawsuit against them or file a claim with their vehicle insurance. Additionally, if the pedestrian was at fault for the accident, you would need to sue the pedestrian for compensation.
What Damages Can I Sue For After An Uber Accident?
Now that you know when you can file a claim for injuries and against whom after an Uber passenger vs. pedestrian accident, you can learn more about the damages you could seek. Below we have provided a brief list surrounding a few of the most commonly awarded damages in these passenger accident cases.
- Past economic losses that can include lost wages and salary-based income, and property damages.
- Past and future mental anguish, physical pain and suffering, and physical impairment.
- Punitive damage (in the cases of outrageous wrongful conduct)
- Wrongful death.
- All past and future healthcare-related expenses like rehabilitation, hospital fees, medical bills, and disability.
Get In Touch With A Tampa Uber Accident Attorney Today To Evaluate Your Claim
Filing a claim or lawsuit with an at-fault driver, pedestrian, or Uber can be difficult after sustaining injuries in an Uber vs. pedestrian accident as a passenger. That’s why it’s usually best to consult with an expert Tampa personal injury lawyer.
Attorney Mike Hancock will help you determine the cause and fault in an Uber pedestrian accident. We will be able to help you sue a liable party or file a claim with a driver’s insurer or Uber. For help with your claim, get in touch with us.