Injured in an Uber Accident in Georgia: Who Pays?
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Injured in an Uber Accident in Georgia: Who Pays?
If you are injured while riding as a passenger in an Uber, Lyft or another rideshare vehicle in Georgia, you may know that someone should be responsible for your injuries. What is often unclear is whose insurance should pay.
Is the claim against the rideshare driver? The rideshare company? Another driver who caused the collision? More than one insurance company?
The answer depends on how the accident happened, which drivers were responsible and what stage of the rideshare trip was underway when the collision occurred.
Lawggle features answers from real lawyers, including Kyle Moore, a personal injury lawyer based in Atlanta, Georgia, USA, who answers questions about Georgia car, truck and rideshare accidents.
If an Uber driver crashes while I’m a passenger, do I sue Uber or the driver?
Being injured during an Uber ride does not automatically mean that Uber itself will be legally responsible. It also does not necessarily mean that the individual Uber driver’s personal insurance will be the only available coverage.
A rideshare accident may involve:
The rideshare driver
Another driver
The rideshare driver’s personal insurer
Insurance associated with the rideshare platform
The other driver’s insurer
An uninsured or underinsured motorist policy
Another person or business whose conduct contributed to the collision
The correct claim depends on the facts. More than one party or insurance policy may need to be investigated.
What should I do immediately after an Uber accident in Georgia?
Your safety comes first. Call 911 if anyone may be injured or if the collision creates an immediate danger.
If you can do so safely:
Remain at the scene
Request police and medical assistance
Photograph the vehicles, roadway and surrounding area
Record the licence plates
Collect the drivers’ names and insurance information
Obtain contact information from witnesses
Take screenshots of the Uber trip
Save your ride receipt and driver information
Photograph visible injuries
Note the time, location and direction of travel
Do not rely on the rideshare app to preserve everything indefinitely. Save copies of the trip information somewhere you control.
Should I report the accident through the Uber app?
The collision should generally be reported to the rideshare platform, but be careful to provide accurate, factual information.
Reporting the accident may help establish:
That an active ride was underway
The identity of the driver
The route and timing of the trip
Which vehicle was involved
The insurance coverage connected to the ride
Avoid guessing about the cause of the collision, the extent of your injuries or who was legally responsible.
A short report stating that a collision occurred and that you were a passenger is different from giving a detailed recorded statement to an insurance adjuster.
Whose insurance covers an injured Uber passenger?
Rideshare insurance questions can become complicated because different coverage may apply depending on the driver’s status at the time of the crash.
Relevant questions include:
Was the driver logged into the rideshare app?
Had the driver accepted a ride?
Was the passenger already in the vehicle?
Was another driver responsible?
What insurance policies applied to each vehicle?
Is uninsured or underinsured motorist coverage available?
If you were an Uber passenger when the collision occurred, the accepted ride and active trip may be important when determining available coverage.
However, available insurance does not automatically establish liability. The insurer may still investigate how the collision happened, who was responsible and whether the claimed injuries were caused by the crash.
What if another driver caused the Uber accident?
If another driver caused the collision, that driver and their insurer may be primarily responsible for the passenger’s injuries.
The presence of an Uber vehicle does not erase the other driver’s potential responsibility.
For example, another driver may have:
Run a red light
Changed lanes unsafely
Rear-ended the Uber vehicle
Driven while distracted
Failed to yield
Driven under the influence
Left the scene
Other insurance coverage may become important if the responsible driver has no insurance, has insufficient insurance or cannot be identified.
Can I make a claim if both drivers were partly responsible?
Possibly.
More than one driver can contribute to the same collision. The rideshare driver may have been speeding while another driver made an unsafe turn. One driver may have changed lanes while the other was distracted.
Georgia uses a modified comparative-fault system. A person’s compensation may generally be reduced according to their percentage of responsibility, and a person who is 50 percent or more responsible may be prevented from recovering damages.
As a passenger, you ordinarily were not controlling either vehicle. That does not eliminate every possible dispute, but it often means the focus is on the conduct of the drivers rather than the passenger.
What if the at-fault driver was uninsured or left the scene?
Do not assume there is no possible claim.
A Georgia Uber passenger may need to investigate:
Rideshare-related insurance coverage
Uninsured motorist coverage
Underinsured motorist coverage
Coverage connected to another household policy
The identity of the hit-and-run driver
Other responsible parties
Hit-and-run and uninsured-driver claims can have special notice, evidence and procedural requirements. Report the collision promptly and preserve the available information.
Should I speak to the insurance company after an Uber accident?
An insurance adjuster may contact you shortly after the collision. The adjuster may sound helpful and ask for a recorded statement, medical authorization or quick description of your injuries.
Remember that the adjuster is gathering information for an insurance company.
You may provide necessary identifying and contact information without speculating about:
Who caused the crash
Whether you could have prevented it
The complete extent of your injuries
Whether you have fully recovered
Your prior medical history
What compensation you should accept
Some symptoms develop or become more noticeable after the initial shock has passed. Avoid stating that you are fine before you know whether you are injured.
Should I seek medical care if the injury seems minor?
Yes, seek appropriate medical attention if you are experiencing pain, discomfort or other symptoms.
Car-accident injuries may include:
Headaches
Neck or back pain
Dizziness
Numbness or tingling
Limited movement
Bruising
Abdominal pain
Anxiety or sleep problems
Symptoms associated with a concussion
Tell the medical provider that you were involved in a rideshare collision and describe your symptoms accurately.
Do not exaggerate your condition, but do not minimize it either.
What evidence should I save after a Georgia rideshare accident?
Preserve evidence from the collision as early as possible.
Useful records may include:
Uber or Lyft trip receipts
Screenshots from the app
Driver and vehicle information
Police-report information
Photographs and videos
Witness contact information
Medical records and bills
Prescription expenses
Transportation expenses
Communications from insurers
Communications from the rideshare platform
Proof of missed work or income
A record of symptoms and limitations
Do not delete the rideshare app, replace your phone or discard damaged personal property without first preserving relevant information.
Can Uber deactivate the driver after an accident?
A rideshare company may investigate a reported collision and take action affecting the driver’s account.
The company’s internal decision does not determine the outcome of a legal claim. A driver may be deactivated without being legally responsible for every claimed loss, or may remain active while an insurance investigation continues.
Your claim should be supported by the collision evidence, insurance information, medical documentation and applicable Georgia law.
Can I sue Uber directly after a Georgia accident?
Potential claims against a rideshare company depend on the circumstances.
Rideshare companies commonly classify drivers as independent contractors, but that classification does not answer every possible legal question. A lawyer may examine the company’s conduct, the driver’s status, available insurance and the cause of the collision.
The existence of insurance connected to a rideshare trip is also different from proving that the rideshare company itself was negligent.
Avoid naming only one defendant or accepting only one insurer’s explanation before the available parties and policies have been identified.
What compensation may be available after an Uber accident?
Depending on the evidence and severity of the injuries, recoverable damages may include:
Past and future medical expenses
Lost wages
Reduced earning capacity
Pain and suffering
Physical limitations
Emotional effects
Property damage
Other accident-related financial losses
Compensation is not automatic. The injured person must generally establish responsibility, causation and the value of the losses being claimed.
How long do I have to file an Uber accident claim in Georgia?
Georgia generally provides a two-year limitation period for personal-injury actions, but calculating the correct deadline may not always be straightforward.
Different notice requirements or deadlines may apply when:
A government vehicle or public entity is involved
The injured passenger is a minor
A person dies from the injuries
The responsible driver cannot be identified
An insurer requires particular notice
Another jurisdiction’s law may apply
Do not treat the general two-year period as permission to wait. Evidence can disappear, witnesses can become difficult to locate and electronic records may not be preserved forever.
Do I need a Georgia Uber accident lawyer?
Not every minor collision requires legal representation. Speaking with a Georgia personal injury lawyer may be particularly helpful when:
You suffered significant injuries
You required emergency or ongoing medical care
More than one driver may be responsible
An insurer denies coverage
The at-fault driver was uninsured
The rideshare company and insurers are directing you to one another
You are asked to provide a recorded statement
You receive a quick settlement offer
You have lost income
The accident involved a death
The filing deadline may be approaching
A lawyer can investigate the collision, identify potential insurance coverage, preserve evidence and explain the options available under Georgia law.
Frequently asked questions about Georgia Uber accidents
Is an Uber passenger ever responsible for the crash?
Passengers generally do not control how the vehicles are driven. Liability usually focuses on the drivers and any other party whose conduct contributed to the accident. Specific allegations involving a passenger would depend on unusual facts.
Does Uber automatically pay an injured passenger?
No. The accident must be reported and investigated. Responsibility, insurance coverage, injuries and damages still need to be established.
Can I make a claim if my Uber driver was not at fault?
Yes. A claim may be available against another responsible driver and their insurer. Other applicable insurance coverage should also be investigated.
What if I did not call the police?
The absence of a police report does not necessarily eliminate a claim, but it can make proving what happened more difficult. Preserve all other evidence and seek legal guidance promptly.
What if I did not feel injured until the following day?
Some symptoms are not immediately apparent. Seek appropriate medical care, explain when the symptoms began and describe them accurately.
Should I accept a settlement offered through the rideshare insurer?
Understand the full extent of your injuries, losses and future medical needs before signing a release. A settlement generally ends the claim covered by the release.
Can I recover lost income?
Lost wages or reduced earning ability may be recoverable when supported by appropriate evidence and caused by the collision.
What if I was visiting Atlanta when the Uber accident happened?
You may still have a Georgia claim even if you live elsewhere. Jurisdiction, insurance and representation issues should be reviewed based on the particular circumstances.
Find Georgia rideshare and car-accident answers on Lawggle
Every rideshare accident is different. Lawggle lets you watch real lawyers answer common legal questions, explore lawyers who handle Georgia personal injury matters or ask your own question.
This article provides general legal information and is not legal advice. Insurance coverage, liability and filing deadlines depend on the facts and applicable law. Consult an appropriately licensed Georgia lawyer about your circumstances.