Uber is one of the rideshare service providers that helps make Denton commutes easier for everyone. While these rides are convenient, you might still get into an accident while riding in an Uber. Even if you are not riding an Uber, you might still get injured by an Uber driver as a motorist or a pedestrian.
You can file a liability claim against Uber or their at-fault driver to recover damages from them. Uber accident victims could also consider consulting with our Denton Uber accident lawyer before taking action. They can help you explore your compensation options and guide you through the filing process.
Denton Uber Drivers Must Have Liability Insurance
Due to the rideshare auto insurance laws in Texas Insurance Code § 1954.051, Uber must provide liability insurance for their drivers. It will cover the injury and property damages that victims incur if the Uber driver causes an accident out of ordinary negligence. These damages typically include:
- Medical expenses
- Income lost while recovering from injuries
- Car repairs
- Replacement services, for instance, you might have caregiving services to assist you since you got paralyzed by the crash
- Mental and emotional trauma
- Disabilities and disfigurements
- Pain and suffering
Our Denton Uber accident lawyer can assist with filing your claim by gathering evidence of the accident, the damages you suffered, and the driver’s fault in the incident. We can also help compile your expenses to estimate the settlement value better. If you find the insurance provider’s offer unfair, an attorney can still assist with negotiating for a more agreeable amount.
How Uber’s Liability Coverage Works
Texas’ insurance laws require Uber to provide liability coverage when the driver is logged on to Uber’s app. The limits depend on whether the driver is engaged in a ride or not.
If the Denton Uber driver has no arranged rides yet but is logged on to the app, Uber’s auto insurance covers:
- $50,000 in bodily injury coverage per person
- $100,000 in bodily injury coverage per accident
- $25,000 in property damage coverage per accident
Once the driver has passengers on board, or they are on the way to pick up passengers, Uber provides $1,000,000 in third-party liability coverage.
You can file your claim with Uber’s insurance provider to recover damages.
When the Driver’s Own Coverage Applies
Uber’s liability insurance will only cover the driver when they are logged into the app. This is because they are considered on-duty during that time and off-duty when logged off. Uber drivers must still maintain their own auto liability coverage to pay for the accidents they cause while offline. In such an instance, you would have to file a liability claim with their personal auto insurance provider.
For a free legal consultation with a uber accidents lawyer serving Denton, call (972) 535-6377
Can You Sue Uber or the Driver for the Accident?
While you could file an accident lawsuit against Uber or the driver, our Denton Uber accident lawyer may advise such an option only if insurance claims do not work. Some scenarios where this can happen include:
- The coverage limits are not enough to completely cover your damages.
- The Uber driver is uninsured.
- The Uber driver caused the collision during road rage, or out of gross negligence, such as drunk driving. Insurance providers typically do not cover claims against grossly negligent or intentional behavior.
Denton’s civil court will preside over your case instead of a claims adjuster once you file a lawsuit. This means they can order the liable party to pay you an amount exceeding their insurance policy limits.
However, it may take some time before you can get compensated, as lawsuits can take several court proceedings to reach verdicts. Nevertheless, our Denton Uber accident lawyer can represent and guide you throughout the litigation process.
Denton Uber Accident Lawyer Near Me (972) 535-6377
Being Partially Liable Can Reduce the Recoverable Settlement After an Uber Accident
Texas’ comparative fault rules also apply to Uber accidents here in Denton. Even if the Uber driver is primarily liable for the car accident, it does not mean you will automatically receive the full settlement. If the claims adjuster or the court finds you partially responsible based on the available evidence from both sides, your recoverable damages can get reduced.
The deducted amount depends on the fault percentage you have. For example, if the court declares you 30 percent liable for the Uber accident, Uber or the driver will owe you only 70 percent of the total case value.
However, the comparative fault rules also bar you from recovery if you are over 50 percent liable, according to Texas Civil Practice and Remedies Code § 33.001. As such, you could consider having a Denton Uber accident lawyer review the accident first to see if your claim is valid.
Complying With Your Filing Deadline
Denton Uber accident cases have the same statute of limitations as other Texas injury actions. You have two years to file a lawsuit for damages, per Texas Civil Practice and Remedies Code § 16.003. Submitting on time is a must, as cases automatically get dismissed if they miss their filing deadline.
Your loved one could have passed away in an Uber crash. If this is the case, you can file a wrongful death lawsuit to recover damages for your losses. You will have two years from the date of the accident to file a wrongful death lawsuit, as outlined in the statute of limitations.
Our Uber collision attorney can help determine your deadline and make sure your lawsuit is filed within the correct timeframe.
Contact Us for a Free Case Review Today
If you suffered damages in a recent Uber accident in Denton, know that Underwood Law Office can assist you with your concerns. Since 1997, we have served clients throughout Texas with injury cases, including Uber car crashes. Our team has over two decades of accumulated knowledge and experience that we can use to help settle your claim or lawsuit.
You can contact our office today for a free consultation with a member of our team.