Whether you are an Uber rider, another motorist or a pedestrian, you may have the right to sue an Uber driver following a car crash IF:
- The Uber driver is at least one of the at-fault parties.
- The driver’s insurance company and/or Uber’s insurance company fail to fully compensate you for the injuries and losses you have suffered in the accident.
- The driver had no insurance coverage, and Uber’s insurance provider will not fully compensate you for the crash-related damage.
An attorney at the Amaro Law Firm can help you determine whether you have the right to sue an Uber driver and whether there may be other legal options for seeking financial recovery. We invite you participate in a free, no obligations case review for these insights.
Hurt in an Uber Car Crash?
Call (877) 892-2797, Text (281) 612-8024 or Email Our Firm
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During your FREE consultation, you can get essential answers regarding your potential claim and how to proceed. We offer free virtual and mobile consultations to those who are unable to visit our offices.
We urge you to call or email us whenever you are ready for essential insights about an Uber car accident claim. Until then, the following presents some generally helpful information regarding suing Uber drivers.
How Do I Know If the Uber Driver Is At Fault?
There may be some clear indications that an Uber driver is at least partially to blame and liable for an accident, such as a driver admitting fault, being issued a citation or being arrested immediately following a crash.
In absence of these events, determining whether an Uber driver may be at fault can require going over evidence like (but not limited to):
- Police reports and accident scene photos
- Witness statements
- Cellphone records
- Red light camera photos.
If another driver, in addition to the Uber driver, shares fault for an accident, both drivers can be liable for compensating accident victims. Holding all at-fault parties accountable is pivotal to helping accident victims maximize the compensation from these claims.
What Insurance Company Covers an Uber Driver for an Accident?
It depends on the driver’s “status” at the time of the crash. Generally, an Uber driver should be covered by:
- The personal auto insurance policy when (s)he is “offline” (i.e., off-duty) and when (s)he’s online waiting for a ride request or responding to a pickup request (after accepting a ride request)
- Uber’s insurance policy when online waiting for or responding to a pickup request (in which case Uber’s policy provides contingent or secondary coverage) and when transporting riders (in which case Uber’s policy is the primary coverage).
While this may seem fairly clear cut on paper, in reality, things can get complex and confusing. This is largely due to the facts that:
- Just because an insurer should cover an Uber driver under certain conditions, it does NOT necessarily mean that the insurer will provide coverage when an accident occurs under those conditions.
- Personal auto insurance providers often refuse to provide coverage when drivers are online, arguing that these driving activities are work related and, therefore, a commercial policy should apply and provide coverage.
- Conversely, Uber’s insurer – the James River Insurance Company (JRIC) – will argue that, when a driver (who is an independent contractor, not an employee) is not transporting riders and is not technically earning or on the clock, the commercial policy does not apply, and the personal auto insurance should provide primary coverage.
This can present a big challenge for Uber accident victims, and suing an at-fault Uber driver (and possibly the insurance companies) can be necessary when either or both insurers undervalue or deny valid claims from victims.
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What If the Driver Has Minimal, Insufficient or No Insurance?
Uber drivers are required to carry and provide proof of personal auto insurance (at least the minimum required by state law). It is not uncommon for Uber drivers to carry the minimum, and oftentimes, the minimum falls far short of being able to cover the injuries and damage caused by a car crash.
When Uber accident victims find themselves with more damages than the driver’s personal auto insurance can cover, they may be able to sue the driver and/or file a claim with JRIC. This may also be the case if the Uber driver does not have any personal auto insurance (which could occur if, for example, the policy has lapsed or the insurer has dropped the driver for some reason).
Get More Answers & Effective Advocacy for an Uber Accident Claim: Contact a Houston Car Accident Attorney at the Amaro Law Firm
A Houston car accident attorney at the Amaro Law Firm is ready to help you set an Uber car accident claim up for success.
Call (877) 892-2797, text (281) 612-8024 or email our firm for a FREE consultation. During this FREE case evaluation, you can get important answers about your recovery options.
Experienced, tireless and strategic, the attorneys at the Amaro Law Firm are skilled at helping accident victims navigate the complexities of the claims process so they can maximize their recoveries. As former insurance defense lawyers, we know how the insurance industry works and the tactics used to try to avoid paying valid claims. This makes us highly effective at protecting our clients’ rights and claims so they can obtain the full recovery they deserve.
While we realize that compensation will not change the permanent losses from a serious Uber accident, we also know that these recoveries can be pivotal to rebuilding lives.
what our clients are saying
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“”Dee Dee Gray
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“ We have had the honor to work with James, Wendy, and the rest of the great staff at Amaro Law Firm for almost 10 years. Amaro Law Firm is an outstanding law firm. As a court reporter and firm owner with over 30 years of experience, I have had the opportunity to meet many fine attorneys through the years, and I have always felt that James and his staff are right at the top. They are very knowledgeable about the law and also passionate about taking care of/representing their clients. They are always very professional and are extremely respectful of myself and my staff. I look forward to many more years of working with everyone at Amaro Law Firm. ”Robin
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“ Excellent Attorney ”A Private Practice Attorney
“I have had the privilege of working with Candace and I am very appreciative of her prompt handling and response, with communication, concerns or any issues that may arise. She has been a pleasure to work with and I feel she is a great asset to Amaro. ”Gracie Pike
“Hello, my name is Matthew Scott. I live in Florida and after the BP oil spill occurred, the company I work for was asked to send representatives to aid in the security of the areas where the workers cleaning the oil spill were and their housing areas. (Tent Cities). I was there for five weeks working 12 hours on and 12 hours off. Even with all the precautions that were taken to prevent anything from happening I did feel it necessary to file a lawsuit against BP. The Amaro Law Firm handled my case and it was completed to my satisfaction. Without the help of paralegal Candace McCullough, I feel it would have been much harder for me. She is truly a great asset to the law firm. Thanks again Candace McCullough for all you did for me. ”Cameron Merriman for Matthew Scott
“I worked with James on a major personal injury car accident case. You would be hard pressed to find a more tenacious, passionate, and skilled lawyer. I would trust James Amaro to handle any case I sent his way. Moreover, James is at the forefront of 18 wheeler trucking accident litigation. He will take on the big trucking companies and get every dime his injured clients deserve. I hope I get the chance to work alongside him again. It was truly an honor. Highly recommend. ”Matt Elwell
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“ Amaro has handled my case for the BP oil spill. The case is still ongoing, thanks largely to BP's ability to continually push delays on all claims. Amaro has done a great job keeping me informed about the claim and calculating the amount I ... ”Forrest Carden
“I have worked closely and professionally with the Amaro Law Firm for some years now. I want to thank the attorneys and their staff for their professionalism and more than anything their outstanding customer service! They are very prompt on communication and excel in caring about their clients' case in such a delicate manner from point A to point Z. I highly recommend them to anybody I know because of the knowledge and expertise in their staff! ”Armando Duran
“As the owner of an accounting consulting services business, I have had the pleasure of working with the Amaro Firm for almost three years on Deepwater Horizon oil spill settlement claims litigation. Our work together on the Deepwater Horizon spill claims process involves navigating an extensive and complex settlement agreement and representing victims of the Spill against numerous parties whom all have a vested interest in ensuring that those victims never receive economic remuneration. Throughout this arduous process, the Amaro Firm’s staff has consistently demonstrated themselves to be highly skilled, insightful, meticulous, and unrelenting in their pursuit of justice for their clients. David Miller is a model example of the exceptional attorneys working at the Amaro Firm. While collaborating directly with Mr. Miller for the past eighteen months on Deepwater Horizon Settlement claims, I have witnessed first-hand his excellent analytical skills and ability to quickly formulate an effective strategy for each individual client. Additionally, Mr. Miller’s keen eye for detail and exceptional writing skills make him an invaluable asset in virtually any legal setting. Perhaps most importantly, Mr. Miller is easily accessible at all times and is highly motivated to help each and every one of his clients and vendors succeed in any way he can. All of the aforementioned attributes are also exemplified by James Amaro, the Managing Partner of the firm. Mr. Amaro is a leader in his field and is an impeccable example of the intellect and unwavering persistence required of all attorneys involved in guiding clients through complex legal disputes. Due to the high degree of competence, skill, and overall professionalism exhibited by the Amaro Firm I would highly recommend their services to anyone in need of expert counsel with their BP Economic or Medical claims, general insurance disputes or personal injury lawsuits, especially trucking accident litigation. Zack Orsburn Owner, RRR Claims Consulting Services LLC ”Zack Orsbum
“ I want to give thanks to a very special woman by the name of Candace McCullough. Every time I call and ask questions then she has answers. She has been a blessing to me since the beginning and after I hope she gets a vacation for all her hard work... Thank you Candace. ”Willie Long
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“ He is an outstanding lawyer. ”A Private Practice Attorney
“ Great experience! James was very knowledgeable, responsive and was always accessible to answer my questions and concerns. I will definitely work with his firm again. Thank you! ”Scott
“Truly enjoy working with Candace M. as well as Wendy Z. they both have extremely positive attitudes and carry on a smile the whole time your with them! They're both very professional in all aspects and also want to share I truly enjoyed working with Candace awhile back on all there BP cases. She was prompt and always on top of everything needed w the clients and providers. ”Rubin Barrera
“It was a truly pleasure working with such a great staff. We were confident by putting all our trust on this firm even though we live hundreds of miles away. Phone calls were answered, questions were answered and every time on a very professional way and timely manner. We are very pleased with the whole process and compensation. We also like to take this opportunity to mention how grateful we are to have been able to work with Candace; we had an issue with the delivery of our check because the delivery company, unfortunately delivered the letter to the wrong building number since lived in a very big condominium complex but Candace went on and beyond to make sure a make up check was delivered promptly and to the correct address in less than a week! Thank you so much for taking care of that amd still kept it very professional. If I recommend this firm?, INDEED, I sure do, with my eyes closed!!! Happy Holidays and keep it up!!! ”Emily Gonzalez
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“We have had the pleasure of having this great team on our side for the past eleven mos. Wendy has been very helpful following the progress of our case and keeping us informed as to the progress being made. They have shielded us from unwanted and overwhelming calls and demands thus allowing us time to heal. She has been the key person for us though we have had contact with the whole team. ”Barb Dodson
“ James is an ethical and zealous advocate for his clients. He is very capable of handling the most difficult of cases that land on his desk. ”A Private Practice Attorney
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“Amaro Law Firm including my Attorney David Miller has done an outstanding job with my BP Claim. David is informative, knowledgeable, kind and has shown me the highest respect. I will truly refer everyone to Amaro Law Firm in the future. Thanks David for all your hard work. ”Michele Alfred
“Amaro law firm did an outstanding job getting me the most money for my insurance claim. They always kept me well informed and provided me with a great case manager!! ”Alberto Flores
“ "They Make It Happen" my case was going like if nothing was going to happen to me, but Mr, Amaro kept reminding me that we had a good case..he never gave up, wow! Thank you very much. ”Don C.
“ We have had the pleasure of working with the Amaro Law Firm recently.... I have found the Mr. Amaro and the entire Amaro Law Firm staff to be friendly, knowledgeable, fair and always available to speak with us when we need them.... I would highly recommend the Amaro Law Firm to my friends, colleagues and family! Thanks for being there for us Amaro Law Firm! It's nice to have people we can trust and depend on!!! Brett M. Downey, D.C. Fairview Health Center ”Fairview Health Center
“Working with the Amaro Law Firm has always been nothing less than wonderful quality and fabulous service! I love speaking with the staff, like Wendy, it's always a pleasure having contact with such dedicated workers! Highly recommended :) ”Alex Castro
“ I would like to thank Amaro Law Firm for handling my oil spill claim. And would like to thank Candace McCullough personally, she handled my case with such professionalism that all my legal issues will now go through Amaro Law Firm and I recommend to anyone who needs legal assistance to just call their office and you will be taken care of...thanks again guys and a very big thanks to Candace...great job!!...5 stars!! ”Berry Rumbley
“ I have been with Amaro Law Firm since I believe 2013. And I have to say that working with Candace McCullough has been especially so helpful helping me understand my case and how the whole process works I would not have been this far along without Amaro Law Firm. And my main contact Candace McCullough thanks so much!!! ”Al Black Paglia
“ My experience was very much like everyone else's.. I was very pleased with the outcome of my case and with the attentiveness and patience of Wendy. She was very helpful and friendly.. ”Anonymous
“Thanks, David Miller for helping with my BP oil spill claim.. ”Belinda Clark
“ Satisfied client, I was very pleased on how fast he settled my case and the amount. I will refer my friends and family, thank you Amaro Law Firm . ”Rosie Navarrette
“ I've been working with the Amaro Law Firm, doing their process service, since 2008 and have always found them to be diligent, honest and professional. Wendy has been a joy to work with. I look forward to our business relationship continuing in the future. ”Aaron Cantu
“I highly recommend Amaro Law Firm! The entire team at the firm are knowledgeable and courteous, and most importantly, get the job done! These guys are not afraid of trial cases, and will fight until the end. Thanks guys! You're the best! ”Kenneth Akiri
“ My accident was a he said/she said case and the Amaro Law Firm was able to prove the young guy who hit was at fault. I am very excited they were able to get a settlement for me. With this money it will help my family since I just had a new baby ... ”A Google User
“ Thank you to the Amaro Law Firm. Professional and courteous the whole way through. I recommend anyone who is need of legal assistance to contact Amaro Law Firm. Kept in such good communication with me as well as follow ups. Truly a great team! ”Nicholas Carter
“I have performed work for the Amaro Law Firm in support of their recent move to their new location. Such a pleasant staff! All friendly & so very helpful! Great attitudes! A wonderful group of folks to work with and for! ”Herb Zieschang
“ I was involved in a severe motor vehicle accident and was very confused on which law firm to hire, but am so glad I made the right choice in hiring this firm. The Amaro Law Firm and their staff are very knowledgeable and they worked very hard on my case. I would highly recommend this firm to anybody. ”E.B.W.
“ Best Lawyer in H-Town! Mr Amaro is the lawyer to have on your side when it comes to understanding your client's needs. He fought to give us the best result, highly recommended. ”Sam Barroso
“David and Candace are both outstanding at what they do. Not only to they help their clients get the settlements they deserve from the Oil Spill, they truly care about the clients. ”Brenna Cadwallader
“After choosing the Amaro Law Firm it was evident that I had made the right decision in hiring them! They have been wonderful to work with. Always keeping me up to date with the progress of my claim and answering any questions that I may have. I would definitely recommend the Amaro Law Firm for anyone that wants a company that will stand up for them and work hard for what is theirs. ”Katherine Sirmon
“ The Amaro Law Firm is simply the best there is! I contacted them trying to find someone to handle my serious head-on motor vehicle accident where the defendant rammed into me at 35-40 mph. He was ticketed for the accident and I was left in my car, deployed airbag in my lap, with serious injuries that I still suffer from almost 4 years later with future joint replacement surgery yet to come. Felipe was my first contact (aside from the receptionist who was very friendly and professional) and he spent almost an hour patiently listening to me explain my case and the accident and each of my injuries. The next day, I met with Wendy Zagala, firm paralegal, who spent 3 hours (!) before the firm had even taken me on as a client, listening to every minute part of my story, from the horror of watching the defendant barrel into me to the terror of being back-boarded on a stretcher to the hospital to the frustration and disgust brought on in dealing with the defendant's insurance company's attorney and his lies and game playing. Tears, anger, frustration, and an ever-growing sense of hopelessness ... until I got to the Amaro Law Firm. Mr. Amaro's prior experience as a insurance company defense attorney assured me that he would know exactly how to handle my case. His vast experience, his integrity, his professionalism, his dedication, his support and compassion, his doggedness, his intelligence ... what more can one ask for in seeking a personal injury attorney? Nothing! ”Lori Khan
“The professionals at The Amaro Law Firm are talented, responsive and always fight for the best results for their clients. I have worked together with this firm over the past several years, and always have had a positive experience. ”Alan Quiles
“ This law firm has been doing a fantastic job on this BP case. Highly recommended and Candice + Mr.Miller have been in constant communication with me on the progress with my case. Thank you guys for all your hard work. Stay blessed. ”Jason Colton
“I worked with Candace McCullough on some of the BP cases. She was always professional, friendly & helpful. Candace is a very hard worker as well! ”Alison Anderson
“ James is a highly effective and ethical lawyer. I would have no reservation about my clients working with him and would retain him myself if the situation arose. ”A Private Practice Attorney
verdicts & settlements
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