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Car Accident Lawyer Wytheville, VA
While riding your bicycle can be extremely good for your health and for the environment, when you are riding in public you put yourself at risk for many types of injuries, including a car hitting your bike. When this happens and you discover that the car in question is actually a part of Uber, what should you do? Typically, when a car hits you, the rider of the bicycle is in a better position for a successful legal case. Under normal circumstances, you would file a claim with the at-fault driver’s insurance and likely get some form of compensation to pay for your medical bills. However, things become infinitely more complicated when the at-fault driver is part of Uber, because it is then a question of whether you can file a claim against the driver (likely a private contractor, not an employee) or with Uber itself.
The Difference Between an Employee And a Contractor
Why does it matter if the driver is an employee or if they are a private contractor? Typically, when Uber employees their drivers, they list them as independent contractors. When this is the case, Uber is likely off the hook when their drivers cause accidents. Because of this, you might have better luck filing your claim specifically against the at-fault driver.
Does This Cause Insurance Problems?
Unfortunately, when you have to file a claim against the driver, insurance quickly becomes a problem. While the Uber driver will likely have their own insurance (as required by Uber), they probably do not have commercial driving insurance. Thus, if the Uber driver was “working”, meaning they had the app going and they were actively giving a ride, their insurance likely would not cover damage done while they were operating their vehicle for business purposes. On the other hand, if the Uber driver was not actively working and they happened to hit you while you were riding your bike, their private insurance could cover you the same as it would for any other car that hit you.
Are You Without Options?
You first need to determine if the Uber driver was actively working when he or she hit you. Uber’s insurance will cover accident damages up to a certain percentage if the Uber driver was actively logged into the app and was using their car for work purposes. When this is the case, you should consider pursuing a claim with Uber instead of with the driver. Because ridesharing car accidents are so complicated, it can also be to your benefit to retain the help of an attorney to navigate the different laws and regulations regarding ridesharing accidents so you can get the most out of your claim and recover from your injuries. After an accident, always:
- Check for injuries
- Get the driver’s information
- Write down exactly how events occurred, and
- Take pictures of everything
Who Can I Get In Contact With?
After your accident, you should speak with a car accident lawyer Wytheville, VA offers at The Law Offices of Mark T. Hurt as soon as possible. For more information on Uber accidents with bicyclists, set up your appointment today.