Fishers Uber Accident Attorney

If you need to schedule a ride and will pay for the privilege, you have many choices. You may fire up your app and book an Uber, but you should be aware of potential complications before you do. While ride-share services are very popular in markets like Fishers, Indiana, many customers and even some drivers are not fully aware of the implications should there be an accident.

Even though it is very simple to book an Uber, the legal situation may be much more complex if an accident occurs. This is why it is important to have the phone number of an experienced Fishers Uber accident lawyer so you can understand how the ride-share companies’ auto insurance policy works.

An experienced attorney familiar with Indiana laws can help you understand how liability is determined in the event of an accident and whether you even need legal experts to support your case.

There is no doubt that Uber revolutionized the world of private transportation. Soon after, Lyft came along to offer a similar level of service, and there are now a number of alternatives to the traditional taxi ride.

While this is technically ride-sharing, it’s not the same as the traditional definition of the phrase. Ride-sharing was typically an informal solution where two or more people going in the same direction split the cost of the trip. Historically, this was a popular transportation choice for those living in the suburbs who work downtown.

Fast forward to today, and ride-sharing is a “for-profit” undertaking. Here, the driver is not necessarily headed to any particular destination but is offering a transportation service like a taxi. These commercial drivers use an app that is managed by a third party to connect with riders. The provider of the app (Uber, Lyft, etc.) will take a fee as the intermediary.

Still, there are differences between the traditional taxi and the new ride-share solution. You’re able to hail a taxi if you see one driving past and can flag them down for your ride. This type of arrangement is typically prohibited by Uber and may even be against the law, which differentiates the ride-share option from a traditional taxi service.

To learn more about how rideshare services operate and what to do after an accident or injury, contact our experienced Uber accident attorneys in Fishers, Indiana. We offer free consultations and are always happy to answer any questions you may have.

Clearly, there is a risk that you can be involved in an accident whenever you get into a car. Unfortunately, some people will experience this when they jump into an Uber or maybe get hit by one instead. If this happens to you in Fishers, you’ll certainly want to think about compensation and should with a knowledgeable attorney. However, there are other steps to take in the immediate aftermath.

To begin with, seek medical attention as soon as possible. Remember that your adrenaline levels may be high immediately after the crash, which may sometimes mask any symptoms. Therefore, you may not be aware of any internal injuries and should get everything checked out, just in case.

You should inform the Fishers police department and make sure that you get a police report detailing the circumstances. This will certainly help you when it comes to negotiations with an insurance company or as part of a personal injury lawsuit.

If you are able, take pictures of the accident scene using your smartphone camera. If there were any witnesses, gather the details for future reference. Moving forward, you need to keep accurate records of your medical bills, associated reports, and receipts for any out-of-pocket expenses you may incur. The more evidence you gather, the better when staking a claim.

Next, gather information about the driver of your Uber and their insurance company. You should also get the same information from any other driver involved in the accident.

For immediate legal assistance from an experienced Fishers Uber accident lawyer, contact SLG Accident Attorneys today. We offer free case evaluations.

After you’ve taken care of your immediate needs and have gathered the relevant information, you will want to know who was responsible for your incurred costs. Depending upon the situation some of these cases can be very complex.

In most cases, the driver of your Uber or Lyft in Fishers will be primarily responsible. However, you may be able to pursue the ride-share company, especially if the driver was reckless or negligent in any way.

These companies have tried to fend off such claims by stating that their drivers are independent contractors and not employees of their organization. They argue that they are simply providing a service and should not be liable in this situation. Still, this is not necessarily the case, and some jurisdictions may insist that these companies have a duty to their passengers, so a case against them may be a viable solution.

If you look at the small print, you will see that both Uber and Lyft have a $1 million insurance policy covering both drivers and passengers in the event of a car accident. These policies can provide compensation for medical costs, injuries and pain and suffering in one of three separate scenarios:

• Potentially for a driver who is hurt in an accident caused by another motorist
• For a passenger who is hurt while inside the vehicle
• For other drivers or pedestrians who may have been hurt in an accident caused by the ride-share driver

To be eligible as a ride-share driver, this person must carry at least the state-mandated minimum within their personal insurance coverage. They most likely need to get ride-share-specific policies rather than simply try to operate under their everyday coverage.  Oftentimes their own insurance company will exclude them if they are driving for a ride-share service without a specific ride-share-policy.

It may be possible to claim negligence on the part of the ride-share company if the driver was under the influence. Unfortunately, some drivers have also been convicted of serious charges such as robbery, assault, kidnapping, sexual assault and rape. It might be possible to bring a claim against the company if they failed to perform an adequate background check. Some of these ride-share companies outsource these checks to a third party.

You may even be able to bring a case against the company around its procedures. After all, the driver is basically forced to use the phone or app to follow GPS coordinates or pick up fares. If you are part of a “pooled” trip, the driver may be distracted by an incoming request while behind the wheel, leading to an accident.

It’s always advisable to seek the services of a skilled attorney in Fishers, Indiana, if you need to claim for personal injury. It’s even more important when you’re involved in an Uber or Lyft accident to get the best chance of success.

As mentioned, Uber will provide $1 million of liability coverage in certain circumstances, which is considerably more than the personal injury protection of the basic policy.

However, you need to understand when this coverage is available, and the company may want the driver to prove that they were in the middle of picking a passenger up when the accident occurred.

It may be easier to prove liability if you were injured while actually riding in the vehicle rather than if you were a pedestrian and happened to be hit by an Uber driver. In this case, the company may try to defend its position by arguing whether the driver was formally on the way to pick up a passenger, or it may also fall back on its claim that the driver is an independent contractor.

The kind of compensation available depends on the scale of your injuries and the circumstances involved. You should be able to claim for medical expenses, treatment in the ER, physical therapy, rehabilitation, as well as lost wages or earning capacity. You may also be able to claim for pain and suffering, emotional trauma and impact on your quality of life.

If it can be proven that the driver was reckless or had a history of driving recklessly, then you may also be able to get punitive damages. A skilled Uber accident attorney in Fishers, IN, may be able to show that the ride-share company was negligent, as it was aware that the driver had been involved in serious accidents before.

You may well be able to claim against the liability insurance policies carried by Uber and Lyft. It will be crucial to prove that the company was liable in one of those three different scenarios.

So, you may be able to claim from the $1 million minimum liability coverage if you were injured as a passenger or a third party while that driver was on the way to pick up a passenger. However, don’t expect this process to be swift; these companies may sometimes hold out to see if you will accept a lower settlement.

Also, remember that ride-share drivers are still considered independent contractors in the state of Indiana. So, you may not be able to sue Uber or Lyft directly for damages at all.

Skilled Rideshare Lawyer in Fishers, Indiana

As you can see, this process can be complex, and ride-share companies will certainly have strong legal representation on their side. Therefore, working with an experienced Fishers Uber accident lawyer is definitely in your best interests should you unfortunately find yourself in a Lyft or Uber accident.

Some of the locations in and around Hamilton County which our rideshare attorneys serve include Anderson, Fishers, Carmel, Noblesville, Greenwood, Evansville, South Bend, Indianapolis, Fort Wayne, Avon, and more.

Additional Resources and FAQs

What Does A Car Accident Lawyer Do?

How Much Is a Car Accident Settlement Worth?

Do I Need a Lawyer for a Minor Car Accident?

Car Accident FAQs