North Carolina Uber Accident Lawyer for Rideshare Injury Claims

Motor vehicle accidents are complicated by unique insurance and legal issues that create more complexity than a standard motor vehicle accident. Because an Uber driver is not the same as a regular employee and there may be multiple insurance policies that can apply, what the driver was doing at the time of the accident can significantly influence what insurance allows. No matter whether you are an Uber passenger who was injured or you were hit by an Uber driver or if you were hurt driving for Uber, an experienced North Carolina Uber accident lawyer can advise you of your rights and help you obtain the compensation you deserve.

At Tatum & Atkinson Law Firm, we represent North Carolina injury victims and specializes in complicated rideshare accident cases. They fully understand Uber insurance policies, North Carolina personal injury law, and how insurance companies minimize the amount of compensation payouts they send to the injured party. They operate on a contingency fee basis which means that they don’t charge until you receive compensation. If you are searching for an Uber accident attorney or Uber accident lawyer near me, the Tatum and Atkinson team will provide the confidence you need to take the next step.

Call (800) 529-0804 today for a free consultation with a North Carolina Uber accident lawyer.

Why Uber Accident Cases Are More Complicated Than Regular Car Accidents?

Claims arising from accidents involving Uber drivers are much more complicated legally than claims involving standard vehicle accidents; therefore, a complete understanding of the differences between the two types of claims will help you to secure your legal rights and avoid making costly errors in pursuing your claim for compensation. Below are the key factors that make Uber accident claims unique.

Uber Drivers Are Independent Contractors

Uber defines the terms of employment for their drivers as independent contractors rather than employees, giving them the opportunity to limit their ability to be legally held liable for driver’s errors through this classification while maintaining robust guidelines on how Uber drivers operate their rides.

• Uber has taken the position that they are not automatically responsible for their drivers’ wrongful actions.
• Drivers are required to have personal auto insurance coverage.
• Personal auto policies may include exclusions for commercial uses.
• Often, a victim will have to litigate against the driver’s employer to determine the extent of liability and responsibility.
• Legal analysis will determine how an individual is covered.

Multiple Insurance Policies May Apply

In contrast to typical automobile accidents, Uber accident claims can involve many different and overlapping insurance coverages. Which insurance coverage applies to your situation depends on the unique set of facts surrounding your accident.

• Driver’s personal auto insurance
• Uber’s contingent liability insurance
• Uber’s commercial liability insurance
• Coverage for uninsured or underinsured motorists
• Disputes among insurers concerning liability

Fault Depends on the Driver’s App Status

There are several Uber insurance coverages available based on what the driver was doing at the time of the accident. The type of insurance coverage will heavily influence how much compensation a driver may receive after an accident.

The following list illustrates how insurance coverage changes based on the status of the driver:

• Driver has logged out of the Uber app
• Driver has logged into the Uber app and is waiting to receive a ride request
• Driver is on their way to pick up their passenger
• Passenger is currently riding in the driver’s car

Coverage limits will differ significantly for each of these statuses.

Uber’s Insurance Policy Explained (What Coverage Applies to Your Case?)

To minimize financial risk while still complying with legal obligations, Uber has implemented a multi-tiered approach to its own insurance. By understanding how this system works, accident victims can have a better understanding of the struggles faced by their insurers when they are faced with claims that should be compensated.

When the Uber App Is Off

Uber only offers coverage to drivers when they are logged into the app when an accident occurs. If this is not the case, an accident will instead fall under only the driver’s personal automobile insurance coverage, which can be limited or may not cover accidents arising from using a vehicle for commercial purposes.

When the App Is On But No Ride Is Accepted

When a driver logs onto the Uber app to accept rides, there is limited liability protection provided by Uber. This coverage will be treated as a secondary source after the driver’s personal insurance carrier has paid out, and it may be the basis of contention in a claim.

When a Ride Is Accepted or a Passenger Is in the Car

Uber offers its drivers commercial insurance when drivers accept rides or are actively transporting passengers. This type of insurance coverage generally covers drivers for up to $1 million in liability and has protection against uninsured/underinsured motorists.

Claims resulting from Uber accidents are typically disputed by the insurance companies, even if the accident qualifies for coverage under their policy. An experienced Uber accident lawyer near North Carolina will provide you with an evaluation of the insurance policy and aggressively pursue compensation. Working with a reliable Uber car accident attorney will ensure that your claim is taken seriously and can give you confidence that you are protected.

What To Do After an Uber Accident in North Carolina?

The way you handle yourself in the hours and days following an Uber accident sets the stage for how to trouble you will have when trying to recover compensation for your injuries. By recording and documenting every detail carefully, you will be protecting not only your health but also your legal rights.

Step 1 – Call 911 and Seek Medical Care

It is very important to contact 911 immediately after your accident. Regardless of whether you think your injuries are minor or not, it is important that you get treatment for your injuries. Medical records will also be necessary for your claim.

• Request medical assistance immediately
• Follow the treatment recommendation by doctors
• Be sure to make follow-up appointments
• Retain copies of your medical records
• Keep track of your symptoms and any improvements you may have made

Step 2 – Report the Accident to Uber

It is important to report an accident via the Uber app. If you do not report the accident, Uber or its insurers could dispute that they were notified of the accident.

• Use the Uber app for reporting your accident
• Accurately provide but limited information
• Do not speculate or assume the fault of anyone involved in the accident
• Keep all confirmation emails or messages
• Do not provide a recorded statement at this time.

Step 3 – Gather Evidence at the Scene

If you have the physical ability, gather as much information as possible about the location of the accident. This information will be very helpful to you later.

• Take pictures and videos of all vehicles involved.
• Capture images of the roadways and any street signs at the site.
• Obtain the names and addresses of both drivers and owners of the vehicles.
• Make a list of witnesses and their contact information.
• Take a screenshot of your receipt for the rideshare trip.

Step 4 – Preserve Key Documents

Submitting relevant documentation well in advance provides an easier submission process when filing a claim and presents a stronger argument for your position than without the appropriate documents. Submission should also include proof of the following:

• Police report of vehicle accident
• Medical records and treatment bills
• Proof of lost wages or missed days of work
• Correspondence between you and your insurance company
• Repair estimates and receipts for vehicle damage

Step 5 – Speak With a North Carolina Uber Accident Lawyer

To limit their payouts, insurance companies frequently reach out to victims as soon as possible. By consulting with an Uber car accident lawyer as soon as possible, you may avoid making costly errors that could violate your rights. Here are some key things to keep in mind when dealing with an insurance company.

• Don’t agree to have your insurance statement recorded.
• Don’t accept any early settlement offers.
• Preserve relevant evidence appropriately.
• Understand your legal rights and choices.
• Concentrate on healing while your attorney works on your case.

Who Can Be Held Liable in an Uber Accident?

Determining liability in an Uber accident will require performing a thorough legal analysis. Depending on the circumstances of the accident, a number of different people or entities can be held liable for the accident.

The Uber Driver

An Uber driver can be held liable if the driver was negligent and caused the accident. Common examples of negligent behaviour would include distracting themselves while driving, speeding, fatigue, driving while impaired, or violating any traffic laws while transporting passengers or during their wait for a passenger.

Another Negligent Driver

If the accident was not your fault and was caused by a different driver, then you would be able to receive financial restitution from that person’s insurance, even if you were an Uber passenger. You could work with a lawyer for Uber accident to do this.

Uber’s Insurance Policy

If the Uber driver is logged into the app and/or transporting a passenger while being active on the app, you are eligible for Uber’s insurance. A rideshare accident lawyer can help you establish whether or not you have been insured by Uber.

Other Potentially Liable Parties

Liability in certain situations can extend to individuals, vehicle manufacturers, and government entities due to unsafe roadway conditions. An Uber crash lawyer will consider every possible avenue of compensation when determining what options are available to the victim.

What Compensation Can You Recover After an Uber Accident?

People who have been involved with Uber may be able to receive compensation for damages that they sustained as a result of an Uber-related accident. The amount of compensation will depend on the specifics of each person’s case, the extent of the injuries, and other factors.

Economic Damages

Economic damages are designed to compensate someone for all the quantifiable financial losses incurred by them due to their involvement with Uber.

Some examples of economic damages are:

• Prior and prospective medical bills
• Wage loss and diminished ability to earn wages
• Damage to and/or repair of property.

Non-Economic Damages

Non-economic damages provide compensation for the experience and emotional hardships that arise from injury. Damages are paid for:

• Pain & suffering
• Emotional distress & anxiety
• Loss of enjoyment of life

Punitive Damages

In rare situations where extreme misconduct has occurred, for example, DUI or reckless driving, punitive damages may be awarded to the victim or family members as a means of punishing the offender and deterring similar actions in the future.

Why Choose Tatum & Atkinson as Your Uber Accident Law Firm?

After an Uber accident, hiring the right lawyer will significantly affect how your case turns out. At Tatum & Atkinson Law Firm, we offer personalized, level-headed representation for injured clients throughout North Carolina.

• Legal experience focused on North Carolina
• In-depth knowledge of North Carolina’s personal injury laws
• Tailored strategies to fit your case rather than just using a high-volume approach
• You always get to talk with your lawyers directly without any middleman.
• We only take cases on a contingency basis, meaning you pay nothing unless we get you money.
• Full-service representation should your case go to trial because an insurer refuses reasonable settlement offers

If you are looking for an experienced Uber accident law firm, all of our Uber accident attorneys have years of experience in this field, and we are well-equipped to help you through every step of the process.

North Carolina Uber Accident FAQs

Does Uber Pay If You Get in an Accident?

There are circumstances in which Uber would cover injuries to passengers or drivers as a result of accidents; however coverage depends on whether or not the driver has the app active or is transporting passengers.

Can I Sue Uber If I Get in an Accident?

Uber’s insurance policy may come into play in some circumstances even though the drivers are independent contractors. Direct lawsuits against Uber are a complicated issue with many layers and would depend upon each individual circumstance.

Do I get compensation if my Uber crashes?

Uber may pay for damages if the driver was logged into the app at the time of the accident, or if the driver was transporting someone. However, many claims for coverage from Uber will be disputed and require detailed legal work.

Who Is Uber’s Lawyer and Will They Contact Me?

Uber lawyers may reach out to you following a crash to provide information or advice, but it is wise to consult with your attorney first before making any statements regarding the incident and to ensure that your legal rights are protected.

How Long Do I Have to File an Uber Accident Claim in North Carolina?

In North Carolina, you have a maximum of three years from the date of the accident to make a personal injury claim, and if you do not meet this deadline, you may lose your ability to seek compensation.

Speak With a North Carolina Uber Accident Lawyer Today

You do not have to go through the legal process following an Uber car accident on your own. Figuring out the possible insurance coverages for your injuries, which party may be legally liable, and what deadlines you may have to file a claim can be a daunting task, especially when you are trying to recuperate physically and emotionally from the accident itself.

To assist you with these matters, our Uber accident lawyers at Tatum & Atkinson Law Firm serve the victims in North Carolina, where we assist them in making educated choices regarding how to recover the necessary amount of compensation they deserve for their injuries caused by the accident. We provide consultations at no charge to our clients, and only collect legal fees if we successfully secure compensation for you.

If you would like to speak to a North Carolina Uber accident lawyer and schedule a free consultation, call us today at (800) 529-0804.