Uber Car Accident Lawsuit: What You Need To Know
If you have been injured by an at-fault Uber driver in Michigan, then you may be able to file an Uber car accident lawsuit to recover unpaid and overdue No-Fault benefits, compensation for your pain and suffering, benefits for excess medical bills and lost wages and other economic damages.
Uber car accident lawsuit for No-Fault benefits
You may be able to file an Uber car accident lawsuit in Michigan for No-Fault benefits if the insurance company that is responsible for paying your benefits has denied your claim and refuses to pay. You will need to know what benefits you are entitled to, how you must file a claim and how long you have to file a lawsuit.
Here are the key details you need to know:
- No-Fault PIP benefits pay for an Uber crash victim’s medical expenses, lost wages, medical mileage (transportation expenses for traveling to and from doctor and medical appointments), household replacement services and attendant care services.
- To be entitled to recover No-Fault benefits after you have been injured in an Uber crash in Michigan, you must file an application for No-Fault benefits – which is also called your “written notice of injury” – with the responsible auto insurance company within one (1) year after the crash. (MCL 500.3145(1) and (4)) If you fail to file your application on time – within ONE YEAR from the date of your automobile crash – then you will forever lose any benefits to which you might be entitled.
- Suing for unpaid, overdue No-Fault insurance benefits must be filed within one year from the date that the medical bill, wage loss, medical mileage, replacement service or attendant service was incurred. (MCL 500.3145(2)) If such a claim is not filed within the one-year time period, then the bill will be time-barred and you will lose all rights to payment and/or reimbursement for the overdue benefits.
What insurance company is an Uber car accident lawsuit for No-Fault benefits filed against?
An Uber car accident lawsuit in Michigan for unpaid, overdue No-Fault benefits is filed against the auto insurance company responsible for paying your PIP No-Fault benefits. The No-Fault law’s “priority rules” determine what insurance company is responsible.
If you are an Uber driver, then the auto insurance company that is responsible for paying your No-Fault benefits is your auto insurance company, which insures your personal vehicle that you use as a driver for Uber. (MCL 500.3114(2) and (9)(b))
If you are an Uber passenger who is involved in an automobile crash in Michigan, then the auto insurance company that is responsible for paying your No-Fault benefits is one of the following: (1) Your own auto insurance company; (2) the auto insurance company that insurers your spouse or a relative who lives in your home; or (3) the auto insurance company that insurers the Uber vehicle in which you were riding as a passenger if coverage is not available “under any other policy.” (MCL 3114(1) and (2)(g))
Uber car accident lawsuit for pain and suffering compensation
You may be able to file an Uber car accident lawsuit in Michigan against the at-fault Uber driver to recover pain and suffering compensation as well as excess medical expenses and lost wages and other economic damages. To recover pain and suffering damages, you will need to show you suffered a “serious impairment of body function.”
Here is what you need to know:
- An Uber car accident lawsuit in Michigan allows a crash victim to recover compensation for his or her pain and suffering from the at-fault Uber driver who caused the crash. This includes: (1) physical pain and suffering; (2) mental anguish; (3) fright and shock; (4) denial of social pleasure and enjoyments; (5) embarrassment, humiliation or mortification; and (6) shame, mental pain and anxiety.
- The lawsuit, which is called a third-party claim or a tort claim, also allows a crash victim to recover excess medical expenses and excess wage loss as well as other economic damages from the at-fault Uber driver who caused the crash.
- Your recovery for pain and suffering compensation case will largely be paid from the at-fault Uber driver’s “third party insurance,” which is frequently referred to as liability insurance coverage.
- You have three (3) years after the date of the automobile crash in Michigan to sue for pain and suffering compensation, excess medical benefits and excess economic loss and one year to sue for incurred No-Fault insurance benefits. (MCL 600.5805(2))
How much liability coverage is there for an Uber car accident lawsuit?
Under Michigan law, an Uber driver is required to carry liability insurance the following amounts in case of an Uber car accident lawsuit:
- When an Uber driver is on-call and is available to transport a passenger (but is not actually transporting a passenger), then the minimum liability coverage that the Uber driver must have in effect is “$50,000.00 per person for death or bodily injury” and “$100,000.00 per incident for death or bodily injury.” (MCL 257.518b(1)(a)(i); 257.2123(2)(a))
- When an Uber driver is actually transporting an Uber passenger, then the minimum liability coverage that the Uber driver must have in effect is a “combined single limit of $1,000,000.00 for all bodily injury or property damage.” (MCL 257.518b(1)(b)(i); 257.2123(3)(a))
Can you sue Uber if you get in an accident?
Whether you can sue Uber if you get in an accident in Michigan will depend on two important factors: (1) Was the Uber at-fault in causing the crash?; and (2) Was the Uber driver an employee of Uber?
If an Uber driver causes a crash in Michigan and they are at-fault, then the driver is going to be liable.
And if the at-fault driver is determined to be an Uber employee, then Uber would be liable – along with the driver – under the “respondeat superior” doctrine which makes an employer liable for its employee’s negligence that occurs within the scope of the employee’s employment.
Call the attorneys at Michigan Auto Law for a free consultation
If you were injured in a crash caused by an at-fault Uber driver in Michigan and you would like to speak with an experienced attorney about an Uber car accident lawsuit, call toll free anytime 24/7 at (800) 777-0028 for a free consultation with one of our attorneys. Michigan Auto Law attorneys have spoken at seminars both in Michigan and in many other states on the subject of Uber automobile crashes and ride-share liability, teaching injury lawyers across the nation how to better handle these cases and better protect our clients. You can also get help from an experienced attorney by emailing [email protected] or you can use the chat feature on our website.