What Happens When I Am In A Wreck With An Uber Driver In North Carolina
Key Highlights:
Know How an Uber Accident Lawyer in North Carolina Can Help You to Get the Compensation You Deserve.
- The status of a driver’s app is the most important factor. All driver statuses (offline, waiting for a request, accepted a request, and an active trip) will have different insurance ramifications.
- Uber does not automatically pay out to drivers who are in an accident while driving for Uber. Liability (or fault) must be established before an insurance claim can occur, in addition to the kind of coverage the driver has and what they were doing when the accident occurred.
- All parties involved in an accident (passenger, pedestrian, biker, or driver) may have a viable claim if they got injured when another party caused the accident.
- Liability, in North Carolina, is strictly determined. An insurer can claim that you helped cause the accident if they have evidence that would support that finding.
- Evidence will be key to proving your claim against an Uber driver. Evidence can include app screenshots, trip receipts, police reports from the incident, photographs of the incident, contact information for witnesses, and medical records.
If you are wondering What Happens When I Am In A Wreck With An Uber Driver In North Carolina, you should ask yourself one question first: Was the Uber driver “on-duty” at the time of the wreck (i.e., was he/she actively using the app to get a fare or waiting for a ride request)?
If the driver is considered “off-duty” (i.e., not logged in to the app), then that driver’s personal auto insurance will typically be the first to apply. If the driver has logged into the Uber app and is in “waiting mode” but has not accepted a fare, then a limited amount of Uber will apply. However, if the driver has accepted a fare and the passenger is in the vehicle at the time of the accident, then a higher level of Uber coverage will apply.
The terms above may sound like a straightforward process; however, it can be quite complex in the real world.
I’m Robert Tatum, an attorney at Tatum & Atkinson Law Firm. If you are injured as a result of being involved in an accident with an Uber driver, you should seek medical treatment, contact law enforcement, save all of your Uber ride information, avoid making recorded statements, and call Tatum & Atkinson Law Firm to get a no-cost consultation. No attorney’s fee will be charged unless you successfully recover compensation.
How Does Uber Insurance Coverage Work in North Carolina?
Uber insurance coverage North Carolina cases usually depends on app status. That means whether the Uber driver was using the app for rideshare work at the time of the wreck.
Uber Driver’s Status |
What It Usually Means |
Possible Insurance Source |
| Offline | Not using Uber for rideshare work | Driver’s personal auto insurance |
| Online, waiting for a request | Available, but no ride accepted yet | Limited Uber-maintained liability coverage may apply |
| Accepted ride, heading to pickup | Ride is active for coverage purposes | Higher Uber-maintained commercial coverage may apply |
| Passenger in a vehicle | Active Uber trip | Higher Uber-maintained commercial coverage may apply |
| Just dropped the passenger off | Coverage depends on whether the trip ended | Fact-specific review needed |
This is why an Uber accident claim North Carolina is different from a normal two-car crash. You are not only looking at who ran a red light or failed to yield. You may also need app records, trip receipts, driver logs, Uber claim information, personal auto policies, and commercial coverage details.
Who Pays After An Uber Accident NC?
Who pays after an Uber accident NC is determined by the app status (drive, with or without ride), your personal insurance, and fault.
If the Uber driver was not logged into the app but driving around, they would use their car insurance. However, if they were logged into the app, either waiting for or heading to pick up a passenger, the insurance that Uber maintains for that driver would be applicable. If another driver caused or contributed to the crash, their insurance will also apply.
If a driver was uninsured or didn’t have enough insurance to cover your damage, you might be able to use your own uninsured/underinsured motorist coverage to help cover some of your damages.
Due to the serious nature of many Uber accidents, multiple insurance policies could apply to the same claim, and a person’s priority will be to identify all possible sources of recovery prior to signing anything or accepting a quick settlement.
Is Uber Responsible For Its Drivers?
Uber can sometimes be included in a claim depending on the type of insurance coverage provided, records from the app, and safety concerns at the time of the incident. However, most of the time, Uber will state that the drivers are independent contractors and not employees, which is a significant factor in liability.
If the driver is just utilizing their vehicle to run an errand, Uber may reject liability. On the other hand, if they were actively utilizing the app when the accident happened, there may be a possibility of Uber insurance being part of the claim. If other elements are present, like safety concerns or negligent oversight on Uber’s part, those issues could warrant legal action against Uber.
So, can I sue Uber after a crash? There is the possibility, however, that a more pertinent question would be what type of suit you file against whom, under what type of insurance policy, and with what proof?
What Happens After An Uber Accident If You Were A Passenger?
If you are a passenger, you usually won’t have control over either vehicle involved in an accident. This will help you with your claim; however, it does not mean that it will be an easy process. Many times, the Uber driver could say that the other driver caused the accident, or the other driver could say the Uber driver caused the accident.
The insurance company that covers Uber will require proof that an Uber ride was active at the time of the accident; the app record provides this information, including the route, the driver picked up, and the time of the trip.
You need an Uber passenger accident lawyer, probably because your injuries are not just minor, or you have become frustrated with the insurance process.
Passengers may be able to recover compensation for medical expenses, lost wages, pain and suffering, emotional damages, etc. There may be one or more insurance policies for the accident; you may file a claim against the auto insurance policy of the other driver; you may file against the auto insurance policy of your Uber driver; you may file against the ride-hailing service’s policy.
What If You Were Hit By An Uber Driver?
A case involving an accident and being injured by Uber driver NC will be based on determining what caused the accident and finding out which insurance was in effect at the time of the accident.
The driver might have rear-ended you on I-40 or have gone through a stop sign next to your house, or they might have been using their phone while driving and drifted into your lane. It is important to get all the facts about an accident.
Don’t trust just what the Uber driver says at the accident site, as they could say they weren’t working, but the Uber records may show they were logged in, waiting, and/or on their way to a customer.
What If A Pedestrian Or Cyclist Is Hit By An Uber Driver?
A person who is a pedestrian, cycling, scooter riding, or is a roadside worker can also file a claim if any type of Uber driver caused an accident. You do not have to be a passenger in the Uber vehicle to file a rideshare injury claim North Carolina.
Rideshare accident claims may get filed frequently near crosswalks, hotels, airports, restaurants, bars/apartments, and downtown pickup zones (in cities such as Raleigh, NC, Charlotte, NC, Durham, NC, Greensboro, NC, Asheville, NC, Wilmington, NC, and Chapel Hill, NC). Rideshare vehicles can also become congested at pick-up locations very quickly. If you were outside of the rideshare vehicle when you were injured, the app’s status is still relevant information.
What will matter is whether the Uber driver was logged out, in wait, heading to an accepted ride request, or transporting a passenger. That answer could lead to different insurance results.
What If The Uber Driver Was Off The App?
The case would typically resemble a normal auto accident claim if the Uber driver were off the app. When determining coverage, the driver’s personal automobile insurer would most likely have the first opportunity to provide coverage. However, there could be a ‘catch.’
Many insurers exclude coverage from their personal automobile policies while the driver is driving for-hire rideshare jobs. Furthermore, if the driver was toggling back and forth between personal use of the automobile and use for Uber trips, there may be questions about insurance coverage. For these reasons, you will require records rather than ifs.
How Do You Prove Fault In An Uber Accident Case?
Fault in North Carolina is the foundation for every injury-related claim that involves an Uber crash. Useful evidence includes:
- Police report from the crash, pictures from the crash, names of witnesses, Uber trip receipt, driver’s profile and picture, route map, pickup time, and app status records.
- Medical records, copies of letters sent to your insurance, quotes to repair vehicle damage, dash cam video, business video footage, traffic cam video, and experts’ opinions in serious situations.
In North Carolina, these documents become all the more critical as there could be claims of contributory negligence by defense attorneys working for the insurance company. These attorneys could claim a portion of the fault lies with you, thereby reducing your recovery.
A strong claim is made of several boards, just as a fence is made of many boards. Only one board will not create a fence. All boards must be in place for a strong claim.
What Compensation Can You Recover After An Uber Crash?
Uber driver accident compensation for being injured in an accident typically encompasses economic losses as well as physical losses. Ultimately, the value of compensation will be relative to the severity of the injury, treatment for that injury, whether there is any liability on behalf of Uber (supposing they were at fault), insurance coverage, and what long-term impact the injury has on the injured individual.
Type of Loss |
What It May Include |
| Medical care | Emergency care, hospital bills, surgery, therapy, and medication |
| Future treatment | Ongoing care, injections, specialist visits, and rehabilitation |
| Lost income | Missed work, reduced hours, used paid time off |
| Reduced earning ability | Long-term work limits or inability to return to the same job |
| Pain and suffering | Daily pain, sleep problems, loss of normal activities |
| Emotional harm | Stress, anxiety, fear of riding or driving |
| Property damage | Vehicle repair, total loss, damaged personal items |
| Wrongful death damages | Funeral costs, final medical care, family losses |
Even a low-speed accident can still result in an actual injury. We have seen many individuals try to “tough it out,” only to find that several weeks later, they can no longer turn their neck, sleep soundly, or work through an entire shift. Your medical records are very important. What you do day-to-day matters as well.
How Long Do You Have To File An Uber Accident Claim In North Carolina?
Most North Carolina personal injury claims must be filed within three (3) years of the date of the incident. Wrongful death claims usually must be filed within two (2) years from the incident date.
Don’t Delay. Time is not your Best Friend Here.
Time is your enemy. Video can be erased; witnesses can leave town; it almost always takes a long time for app data to be retrieved; vehicles that were involved in the crash can be repaired, and insurance companies will start preparing their defense while injured parties are still recovering.
If your claim involves a government-owned vehicle, a minor, a death, or extraordinary circumstances, you may need to pay more careful attention to timing issues. As such, it is smart to seek professional advice as soon as possible.
When Should I Hire A Lawyer After An Uber Accident?
If you have been injured in an Uber accident and:
- You have been injured.
- There is a dispute about fault.
- The insurance company is calling you.
- The Uber driver denies responsibility.
- The accident involved more than one vehicle
- If you are unsure which insurance policy applies to your claim, then you should consider hiring a lawyer as soon as possible.
A rideshare accident lawyer NC will assist you in determining what insurance coverage is available, preserving your app records, managing calls from insurance companies, and protecting your statements from being misconstrued in the future.
If you are questioning whether you need legal assistance, you should at least schedule a free consultation with an attorney.
What Should You Do Immediately After A Rideshare Accident?
Right after a crash, focus on safety. Call 911. Ask for medical help. Let NC law enforcement know
Once an accident occurs, it is essential to concentrate on safety first. Call 911 first and ask for assistance from first responders (medical) and police; have them document the accident scene before leaving.
If possible, create a copy of your Uber driver trip information (receipt, route, driver name, vehicle number, pickup point, and time) by taking a screenshot. Take pictures of all vehicles and their license plates involved in the accident, your injuries (if any), road conditions (if applicable), and any other evidence that describes the collision.
You should also report the accident through the Uber app, but you must be concise and factual in your report. Do not speculate on the causes of the crash. Be honest with yourself about how you feel; do not claim not to have pain if you are actually feeling pain. You should not accept a settlement check for injuries before you determine how serious those injuries are.
Upon your return home after the accident, seek medical attention if you are in pain; do not wait till later to receive treatment.
Does North Carolina Law Make Uber Accident Claims Harder?
People who sustain injuries in North Carolina often face harsh treatment because of contributory negligence. That is, if an injured person contributes to their own injury, there are no elements of fault that can allow access to recovery.
In North Carolina, if you are injured in an accident and the other party can demonstrate that you were at fault for the accident (and that such fault contributed to the accident), you will not have any recovery of damages.
For a passenger, this may not be an issue. However, for another motorist, cyclist, or pedestrian, the insurance companies will seek out any possible argument to support a defense to the claim of negligence. The insurer may argue that you were speeding, texting, jaywalking, or otherwise being inattentive to how you operated your vehicle.
Do not give them that argument. Stay factual. Get the medical treatment you need. Create your complete medical records.
Speak With Tatum & Atkinson Law Firm About Your North Carolina Uber Accident Today!
If you’ve been involved in an accident that involved an Uber driver, you do not have to go through this process alone.
Tatum & Atkinson, your law firm, is here to help North Carolina accident victims understand what their options are and how to protect their claim. There is no charge for the consultation, and no attorney’s fees are charged unless you recover money for your claim.
Call us at (800) 529-0804 to schedule your free consultation today. A brief conversation can help you find out what your next steps should be.
FAQs About Uber Accidents In North Carolina!
Do I get a refund if my Uber driver crashes?
While there is the possibility to seek refunds for Uber rides, these refunds are separate from injury compensation claims (ex, if you were injured in a car accident, you may have an additional claim to cover your medical bills, lost wages (if applicable), pain and suffering, etc.).
What if my Uber driver gets into a car accident?
When involved in an Uber-related accident, you should seek emergency medical assistance if injured, document the Uber trip (including trip details), take as many pictures of the accident scene as safely possible, and follow the Uber app instructions for reporting the crash.
Does Uber usually settle out of court?
Most automobile accident claims settle before going to trial; however, the amount of damages you may recover is dependent upon various factors, including fault for the accident, injuries sustained, insurance coverages, medical records, and whether the insurance company has made you a reasonable settlement offer.
Can I file a claim if I was a pedestrian hit by an Uber driver in North Carolina?
If the Uber driver caused your accident, you may have a valid claim. The driver’s app status at the time of the incident, traffic regulations, video surveillance capturing the accident, eyewitness accounts, and other evidence could be considered.
What if multiple vehicles were involved in the Uber accident?
If you have been involved in a multi-vehicle crash, there will likely be multiple insurance companies involved, and it is imperative to gather evidence to establish which driver was responsible for causing the crash and to verify which policies cover the damages resulting from the crash. A North Carolina Uber accident attorney can assist you with the investigation and with resolving disputes between multiple insurance companies.
