If you get hit by someone driving for a car service such as Uber, what should you do? Since Uber neither hires the drivers nor owns the vehicles being used for the service, knowing what to do after getting hit by a drunk Uber driver might be difficult. That’s when you need to seek the services of a skilled attorney.

Uber’s mode of operation has made it difficult or impossible for injury victims to name the company as a party during injury claims. This is because their drivers are treated as independent contractors, creating a legal separation between Uber and their drivers. This means the company distances itself from the behavior of their drivers.

In this article, we’ll look at the proper steps to take after getting hit by a drunk Uber driver.

Who is Liable?

It is essential to first determine who is liable in an accident involving an Uber driver, just like in other car accident cases. You should prove who was at fault during the accident and the damages sustained to have a valid claim. The first thing to do is to gather evidence. You should get the names and information of witnesses at the scene, the photos of the scene and the vehicles involved, and the damages.

Apart from getting enough evidence, ensure you invite law enforcement while at the scene of the accident. They will officially record the accident, which would come in handy when looking to make a claim. As for determining who is liable, there are two potential defendants: the Uber driver or the company. If the drunk Uber driver didn’t log in to the Uber app before the accident, then the driver is a clear defendant. You can file a lawsuit against the driver and make a claim against their insurer to get compensation for the damages.

In another case where the driver has logged into the Uber app but is without an ordered ride from a customer, there is no collision coverage from Uber’s insurance provider.

However, third parties can get additional liability coverage, which is a maximum of $50,000 per injury and a maximum of $25,000 for damages above the driver’s insurance coverage limit. However, in cases where the driver is transporting a passenger through the app, then the $1 million collision and liability coverage are available for third party liability, comprehensive collision coverage, and in cases where the driver does not have any insurance coverage or enough insurance.

The Driver’s Liability and Personal Injury Protection Coverage

If you get hit by a drunk Uber driver, and you have suffered an injury that is above the coverage limits of your personal injury protection policy, then the Uber driver carries the liability, regardless of whether they were driving a customer or not. In most cases, Uber drivers usually hold the specified minimum insurance coverage that the law requires.

If the damages exceed your PIP policy or the driver’s car insurance, you may be able to recover the rest from Uber’s insurance in some cases or may lose the rest of the claim in some situations. However, an experienced attorney can make a claim against the company for the selection process used in hiring the drunk driver.

Necessary Steps to Take

In an accident case involving a drunk driver, one of the things to prove is that the driver was negligent. The driver’s negligent behavior resulting from being drunk could be swerving, changing lanes, running red lights, or other actions. You may not need to prove the driver’s blood alcohol content, especially in a civil suit.

Ensure you gather evidence proving the driver’s negligence and that their actions resulted in damages. You will also need to prove that the driver’s negligence caused the accident, resulting in injuries. For proper documentation, ensure you contact the police immediately for an official report and visit the hospital to get treatment and a medical report if you sustained bodily injuries.  A vital step is to contact a reputable law firm that specializes in handling cases such as this. An attorney helps you get around the complexities involved in cases involving a rideshare driver.

Get Experienced DUI Attorneys From Pinder Plotkin LLC

If you have been injured or suffered damages in an accident caused by a drunk Uber driver, then you’ll need an experienced lawyer to help you recover your losses. We offer free consultation services to garner vital information that can help to win the case with the least hassle. Contact us today at Pinder Plotkin LLC for guidance and representation to increase your chances of getting enough compensation.