According to statistics compiled by Uber in 2020, there were around 100 fatal collisions involving their drivers – and this doesn’t even account for the thousands of non-fatal accidents. Unfortunately, this is a statistic that’s only likely to increase as we move forward, as the number of rideshare vehicles is increasing rapidly. Collisions with other cars aren’t the only concern, as countless bicyclists are struck by Uber cars every year. If you or a loved one has been involved in a collision with an Uber that wasn’t your fault, you will be owed compensation.
Potential Liability
After being hit by an Uber driver while on your bicycle, it can feel almost impossible to determine liability. In almost all cases, at least one party was acting negligently, whether that be the bicyclist or the motorist – or a bit of both.
If the Uber driver is responsible for the collision, they will be covered by Uber’s liability insurance if they don’t have the appropriate cover of their own. However, breaking through the steel wall of an insurance company can feel almost impossible, which is why you should hire a personal injury lawyer.
In some cases, Uber may have zero liability at all. For example, if another vehicle was involved, a compensation claim may need to be directed at a personal driver or another employer of a motorist.
What Damages Can Be Claimed?
Whether you’ve had your bike or your bones damaged, you’ll be able to claim compensation that takes many different shapes. Here’s a non-exhaustive list of the types of damages you can claim for:
- Emotional distress,
- Damaged property (and costs incurred by having zero bike for commuting),
- Loss of benefits or income,
- Healthcare bills,
- Suffering and pain.
- Any alteration to life.
In some cases, where there were displays of fraud, malice, or oppression, you may be granted punitive damages. For example, if the responsible party was under the influence of drugs and alcohol.
Putting together a complete list of everything you’re entitled to be challenging, especially as some of them will account for future loss. Therefore, it’s always best to hire a personal injury lawyer.
What if a Loved One is Killed in a Bicycle Accident?
In the state of New York, a loved one may put a compensation claim in for wrongful death. Typically, the closest living relative has the decision to put the claim in with the deceased’s representative. After the lawsuit has been filed and compensation has been won, the total amount will be divided between the remaining family.
Can a Claim Be Put in Against Uber’s Commercial Insurance?
After a bicycle accident involving an Uber, there will be countless different insurance companies at play. For example, the Uber driver will have their insurance, Uber will have liability insurance, and other motorists will have personal cover. Typically, the first place to put in a claim is the immediate motorist insurance. If this isn’t extensive enough, a claim can be put into Uber against their commercial insurance policy.
Claims involving Uber drivers are settled with the insurance company and there’s zero need for a court case. However, if a counterclaim is put in, a lawyer may need to assist you in court – you can contact us at the following:
- Astoria – 32-72 Steinway St, Astoria, NY 11103
- Brooklyn – 7113 5th Avenue, Brooklyn, NY 11209
- Syosset – 175 Jericho Turnpike, Syosset, NY 11791
Call now for a free consultation on (347) 472-5080.