December 13, 2019

Milwaukee Uber Car Accident Lawyer

If you’ve been hit by an Uber driver, you need to know who was financially liable for what happened. Find out by discussing your case with a Milwaukee Uber car accident lawyer.

While many people make use of rideshare services such as Uber, few people realize what they could be in store for if they get injured in a crash involving one of these drivers. Uber drivers are independent contractors and not direct employees, and as such, Uber does not take full responsibility for the actions of these drivers in all situations.

This makes sorting out financial liability for an auto wreck with an Uber driver an incredibly confusing scenario. Because it’s so complicated, it’s very easy to get undercompensated or taken advantage of by the insurance companies involved. Fortunately, you can avoid this possibility by working with a Milwaukee Uber car accident lawyer from the Law Offices of Gary S. Greenberg.

How to Know if Uber Is Liable

Uber has different insurance policies for different scenarios. Which policy applies to any given car accident depends on the status of the app and whether the driver had a fare in progress.

Uber’s most comprehensive insurance policy kicks in when the app is both on and the driver has a paying passenger in the car. This policy also applies when the driver has accepted a new ride request but hasn’t yet picked up the passenger. Basically, as long as there is a ride either in progress or about to begin, Uber’s full policy should be in effect.

There is a more limited contingent policy that becomes active when the Uber app is on, but the driver has neither a ride in progress nor a ride request pending. This policy might also require that you seek damages from the driver’s personal insurance policy first.

How to Know if the Uber Driver Is Liable

If the Uber app is not turned on, then the driver is considered to be on his or her own time. In this situation, Uber will have no financial liability for an auto wreck caused by the driver. This means that your personal injury claim will need to be filed against the driver’s insurance.

Unfortunately, some Uber drivers don’t realize that they might have a clause in their policy that terminates their insurance if they use the vehicle for commercial driving—including ridesharing. This means that you might wind up having to file an uninsured driver claim with your own insurance instead.

Proving Who Is Responsible

These crashes can become particularly problematic if either the driver or Uber deny responsibility. For example, Uber might deny liability while the driver claims that the app was on and that he or she was waiting on a new ride request.

When this happens, we may need to request cell phone records from the driver’s carrier in order to determine the status of the app. Similarly, it might be necessary to depose the driver to ask questions while he or she is under oath.

Consult with a Milwaukee Rideshare Car Accident Lawyer

Don’t let Uber or the driver’s insurance take advantage of you when you’ve been hurt in a collision with a rideshare driver. The Law Offices of Gary S. Greenberg can help you sort out this confusing situation and obtain full compensation for your injuries. It all starts with a free consultation, so give us a call at 414-271-7007 or complete the contact form on this page.