Delaware Uber Accident Lawyer

In an era where convenience meets technology, Uber has become indispensable for many. However, accidents involving these rideshare platforms can introduce complex legal issues. If you or a loved one has suffered an injury in a Delaware Uber accident, our experienced legal team is here to help.

These accidents aren't like typical car accidents. They introduce a myriad of legal complications involving driver statuses, insurance policies, and corporate procedures. Understanding how these layers intersect and affect your rights is essential.

  • Multiple Insurance Layers: Multiple insurance policies might come into play, including the driver's personal insurance and corporate policy.
  • Driver Status: The driver's status at the time of the accident (e.g., waiting for a ride request, en route to a passenger, or during a trip) can significantly influence liability.
  • Corporate Procedures: Uber has distinct procedures for handling accidents. Familiarity with these can streamline your claim.

Why Hire an Uber Accident Lawyer?

  • Deep Industry Knowledge: Our understanding of Uber's operating models gives us an edge. We know their strategies and can anticipate moves, ensuring you're always a step ahead.
  • Comprehensive Claims Handling: From determining the liability to negotiating with insurance adjusters, we handle every aspect of your claim, ensuring you receive the compensation you deserve.
  • No Win, No Fee: Our confidence in our ability to serve you translates into a commitment: if we don't win, you don't pay.
  • Personalized Service: Every accident and injury is unique. We provide individual attention to understand your specific situation, tailoring our approach to serve you best.

Uber Accident Statistics

Rideshare services have exploded in popularity across the United States in recent years. But with more of these vehicles on the road, accidents are also on the rise. 

  • Uber drivers completed 7.6 billion trips in 2022.
  • A 2021 CDC report found a 4.6% increase in injury crashes compared to taxis.
  • Evidence suggests ridesharing is associated with fewer alcohol related crashes in some locations.
  • The latest data from Uber and Lyft shows an average of over 100 fatalities a year.
  • Fatalities were up 65% from 2017 to 2019.
  • Across 2019-2020:
    • 32% of fatalities involved at least one vehicle speeding (9% were rideshare drivers).
    • 23% of fatalities involved alcohol (0% were rideshare drivers).
    • 15% of fatalities involved vehicles driving the wrong way (0% were rideshare drivers).
    • In 51% of fatal accidents the passenger was not wearing their seatbelt. 

Who is Financially Responsible for an Uber Accident in Delaware?

Determining financial responsibility in rideshare accidents is often more complicated than in standard vehicular accidents.

  • Driver's Personal Insurance: Initially, the claim is usually made against the driver's personal auto insurance. However, many personal insurances have a rideshare exclusion, which can complicate matters.
  • Uber's Insurance: If the driver's insurance refuses to pay or if it's inadequate, Uber's insurance steps in. The company provides a $1 million liability coverage, but the coverage amount can vary based on the driver's status at the time of the accident.
  • Passenger and Third-Party Claims: If you're a passenger or a third-party involved in one of these accidents, you can file a claim against both the driver's and Uber's insurance policies.
  • Uninsured/Underinsured Coverage: If the other party is uninsured or underinsured, Uber's policy also offers uninsured or underinsured motorist coverage to take care of damages.

How are Uber Accidents Different from Car Accidents?

  • Dual Insurance Coverage: Drivers often operate under both their personal auto insurance and the insurance provided by the company. This can sometimes create complications in determining which insurance covers the accident.
  • Driver's App Status: The coverage provided by Uber's insurance heavily depends on the driver's status on the app. Whether they were waiting for a ride request, en route to pick up a passenger, or in the process of a trip can significantly impact the coverage amount.
  • Multiple Parties Involved: In these types of accidents, there are potentially more parties involved, including the driver, the company, another vehicle driver, and passengers.
  • Complex Liability Issues: The company often claims they only provide the platform, making drivers independent contractors rather than employees. This stance can complicate who is held accountable in an accident.

What are the Uber Insurance Policy Limits in Delaware?

In Delaware, the insurance policy limits are structured around the driver's status on the app:

  • Off-duty: When the driver is not logged into the app, only their personal insurance applies.
  • Available & Waiting: When the driver is logged in but hasn't accepted a trip, Uber provides liability coverage of 50/100/25, which translates to:
    • $50,000 for death and bodily injury per person
    • $100,000 for death and bodily injury per incident
    • $25,000 for property damage per incident
  • Engaged in a Prearranged Ride: From the time a trip is accepted until its conclusion, Uber provides:
    • $1 million for death, bodily injury, and property damage
    • $1 million for uninsured/underinsured per incident
    • Contingent comprehensive and collision

The above limits act as a secondary insurance, stepping in only if the driver's personal insurance doesn't cover the damages or refuses the claim.

Top Causes of Uber Accidents 

  • Distracted Driving: Due to constant interactions with the app, GPS systems, and passengers, drivers can sometimes get distracted, leading to accidents.
  • Fatigue: Chasing financial incentives, many drivers put in long hours, leading to exhaustion and compromised reaction times.
  • Speeding: Time is money in the rideshare industry. Trying to complete more rides in a short time or hurrying to accept the next ride can result in speeding.
  • Inadequate Vehicle Maintenance: Failure to regularly maintain and service the vehicle can lead to malfunctions.
  • Inexperience: New drivers or those unfamiliar with Delaware's roads and traffic patterns can be more susceptible to accidents.
  • Impaired Driving: While stringent rules are in place, there have been instances where drivers were under the influence of alcohol or drugs.
  • Other Motorists: Accidents may result from the negligence of other drivers who fail to yield or follow road rules.

Common Injuries

  • Whiplash
  • Neck Injuries
  • Concussions
  • Traumatic Brain Injuries (TBIs)
  • Spinal Cord Injuries
  • Paralysis
  • Nerve Damage
  • Eye Injuries
  • Broken Bones
  • Amputations
  • Internal Injuries
  • Lacerations and Bruises
  • Soft Tissue Injuries
  • Burn Injuries
  • Wrongful Death

What Types of Compensation are Available After an Uber Accident?

When it comes to compensation following an accident, victims may be entitled to a range of damages, including but not limited to:

  • Medical Expenses: This encompasses past, present, and future medical bills associated with the injury. It can range from emergency room visits to physical therapy sessions.
  • Lost Wages: If the injury forces you to miss work, you can seek compensation for the wages you would've earned during that period.
  • Pain and Suffering: This refers to the physical pain and emotional distress endured due to the accident.
  • Loss of Consortium: If the injury affects your relationship with your spouse or children, you may be entitled to compensation.
  • Property Damage: If personal property (like a phone or laptop) is damaged, or if your car is damaged in the accident, you can seek its repair or replacement value.
  • Punitive Damages: In cases where the driver's behavior was particularly reckless or egregious, the court might award punitive damages to punish the offender and deter similar behavior in the future.

Statute of Limitations on Uber Accidents in Delaware

In Delaware, the statute of limitations for filing a personal injury claim, including those stemming from Uber accidents, is generally two years from the date of the accident. This means you have a limited timeframe to take legal action and seek compensation for your injuries. Failing to file within this window can result in the loss of your right to pursue a claim.

However, it's important to note that legal matters can become complex, and the sooner you reach out to our experienced Delaware Uber accident attorney, the better. We can ensure all necessary steps are taken within the required timeframe to protect your rights and interests.

How Does Uber Address Accidents?

  • Reporting the Accident: Uber encourages all parties, be it drivers, passengers, or third parties, to report the accident through the app immediately. This ensures a record of the incident on their platform.
    • Head to Trip and Fare Review > I was involved in an accident.
    • Next, detail what happened.
    • Confirm that you have selected the correct trip and share all available info.
    • A member of the their team will reach out to confirm everyone's safety and gather any other required information.
  • Insurance Coverage: Uber provides insurance coverage that comes into play under the specific conditions:
    • When the app is on, but the driver hasn't accepted a ride request, Uber's death and bodily injury liability coverage can provide up to $50,000 per person/$100,000 per accident, and $25,000 for property damage.
    • Once a ride request is accepted and during passenger transportation, the coverage increases to $1 million for death, bodily injury, and property damage.
  • Uber's Incident Response Team: In the aftermath of a reported accident, Uber's specialized team may reach out to gather more details and provide necessary support.
  • Legal Proceedings: If a victim decides to pursue legal action against an Uber driver, the company may get involved, especially if their insurance is implicated. However, it's crucial to remember that drivers are considered independent contractors, which often complicates liability issues.

How is Liability Determined?

Determining liability in rideshare accidents is multifaceted:

  • Driver's Status: The driver's status at the time of the accident (e.g., app off, waiting for a ride request, en-route to a rider, during a trip) plays a crucial role in determining how insurance coverage is applied.
  • Fault Determination: Traditional rules of road liability apply. If the rideshare driver is at fault, the rideshare company's insurance typically comes into play. However, if another party is at fault, that party's insurance might be the primary source of recovery.
  • Independent Contractor Status: Uber classifies drivers as independent contractors. This can sometimes be used by these companies to avoid direct liability, arguing that they're merely platforms connecting drivers and passengers.
  • Other Factors: These could include the condition of the vehicle, whether the driver was abiding by the platform's terms of service, external influences, road conditions, and other involved parties.

What to do After an Uber Accident

In the unexpected event of an accident while using an Uber, taking the right steps can significantly impact your ability to receive compensation:

  1. Safety First: Before anything else, ensure that you and anyone else involved are safe. If necessary, move to a safer location away from the traffic.
  2. Seek Medical Attention: Even if injuries appear minor, it's essential to get a medical check-up. Some injuries, like whiplash, might not be immediately apparent.
  3. Contact the Police: File an official accident report. This can serve as an invaluable piece of evidence should you decide to pursue a claim.
  4. Document Everything: This includes taking pictures of the scene, the vehicles involved, any visible injuries, and any other pertinent details. Additionally, note down names, insurance information, and contact details of all involved parties.
  5. Report the Accident: Uber has in-app mechanisms to report accidents. This initiates their internal process and could involve their insurance coverage.
  6. Avoid Admitting Fault: Be cautious with your words, both at the accident scene and when speaking with insurance adjusters. Even casual apologies can be misconstrued as admitting fault.
  7. Contact Your Insurance: Even if Uber's insurance gets involved, it's prudent to notify your personal auto insurance provider about the accident.
  8. Maintain Records: Keep a file with all medical bills, repair costs, correspondence with insurance, and any other related documents.

Call our Delaware Uber Accident Lawyer for Help Today

Accidents are daunting, especially when these apps and their layered insurance policies are involved. At the Law Office of Trapp Nicholl, we understand the challenges you face after an Uber accident. Our dedicated Delaware Uber accident lawyer is committed to easing your burden and helping you obtain the compensation you deserve. Schedule a free consultation with us to discuss your case and learn how we can help you through this difficult time.

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