Can You Sue If You Get In An Uber Accident in Utah?
Every year, many Utah residents use Uber for convenient transportation. However, what should you do if your ride ends in an accident?
Key Takeaways
Utah’s laws affecting your rights after a rideshare accident
What claims against Uber in Utah are possible
Steps to take if you’re involved in an Uber accident in Utah
Can You Sue Uber If You Get in an Accident in Utah?
Yes, you can sue Uber if you are involved in an accident, but several factors will influence your ability to take legal action, including the specifics of the accident and Utah’s rideshare laws.
Situations Where You Might Sue Uber:
Uber’s insurance denies a legitimate claim.
The Uber driver was negligent or reckless.
Uber’s safety protocols or background checks were inadequate.
Uber Insurance Coverage
In Utah, Uber holds three types of coverage: Liability, uninsured/underinsured motorist, and contingent comprehensive and collision insurance.
Liability Coverage
Covers damages and injuries caused to others when the Uber driver is at fault, providing up to $1 million in coverage per incident from the beginning to the end of the ride.
Uninsured/Underinsured Motorist Coverage
Helps cover injuries sustained by Uber passengers if another driver causes an accident and lacks sufficient insurance.
Contingent Comprehensive and Collision Insurance
Covers damage to the Uber vehicle itself in an accident, regardless of fault, provided the driver has personal comprehensive and collision insurance. This coverage includes a deductible.
In Utah, personal auto insurance typically does not cover rideshare activities, so drivers must have additional rideshare insurance or a commercial policy.
What to Do if Your Uber Crashes
If you find yourself in an Uber accident in Utah, here are the essential steps to ensure your safety and protect your rights:
Check for Injuries and Call Emergency Services
Safety is paramount. Check yourself and others for injuries and call 911 if necessary.
Report the Accident to Uber
Notify Uber through the app to ensure the incident is recorded and insurance processes are initiated. Gather Information and Evidence: Collect information from witnesses, take photos of the accident scene, and exchange contact and insurance information with all involved parties.
Seek Medical Attention
Even if you don’t feel injured, get a medical evaluation to check for hidden injuries.
Contact a Personal Injury Attorney
Consulting a Utah-based attorney specializing in personal injury or rideshare accidents can help protect your rights.
Keep Records of Everything
Document medical bills, communications with Uber and insurance companies, and any other relevant information.
Legal Rights of Passengers and Drivers in Utah
Understanding the distinct legal rights and protections for both passengers and drivers is crucial after an Uber accident in Utah.
As a passenger, you are protected under Uber’s $1 million liability insurance policy, which covers injuries and damages if the Uber driver is at fault. Utah law also ensures that passengers injured due to the negligence of other drivers are covered under Uber’s uninsured/underinsured motorist policy. You are generally considered a third-party beneficiary of these insurance policies, allowing you to claim compensation for medical expenses, lost wages, and other damages without proving fault.
Uber drivers in Utah are classified as independent contractors, not employees. This classification affects their rights, particularly regarding workers’ compensation. However, when logged into the app and carrying passengers, drivers are covered by Uber’s insurance for liabilities and injuries. If another driver is at fault, Uber’s policy may cover damages and injuries not covered by the other driver’s insurance.
If you are another driver, pedestrian, or property owner involved in an accident with an Uber, you can claim damages under Uber’s liability coverage if the Uber driver is found at fault. Utah follows a modified comparative negligence rule, meaning if you are partly at fault for the accident, your compensation may be reduced by your percentage of fault as long as you are not more at fault than the other party.
As a passenger, you are protected under Uber’s $1 million liability insurance policy
Filing a Lawsuit Against Uber in Utah
Filing a lawsuit against a large corporation like Uber can be daunting. Here are key considerations and steps involved:
Determine if You Have a Case: Assess if Uber or the driver was negligent and if that negligence caused your injuries.
Understand the Statute of Limitations: In Utah, you typically have four years from the accident date to file a property damage lawsuit and three years for personal injury claims.
Gather Comprehensive Evidence: Collect accident reports, witness statements, medical records, and other evidence.
Hire a Specialized Attorney: Work with an attorney who specializes in personal injury or rideshare accidents.
Consider the Role of Fault: Utah’s comparative negligence law means your compensation might be reduced by your percentage of fault.
Prepare for Settlement or Trial: Many cases settle out of court, but be prepared for trial if necessary.
Potential Outcomes and Compensation in Utah
