The first step is to hire an experienced Uber accident lawyer to investigate the accident and determine if Uber can be held liable. Your attorney will examine factors like:

• Whether the driver was actively transporting an Uber passenger at the time of the crash. If so, Uber may be vicariously liable for the driver’s negligence under the legal theory of respondeat superior.
• If the driver has a history of reckless driving or moving violations. This could show that Uber was negligent in hiring and supervising the driver.
• If a vehicle malfunction or defect caused or contributed to the accident. Uber may be liable if they failed to properly inspect and maintain the vehicle.
• If the driver was fatigued or distracted at the time of the crash, e.g. due to long work hours. This may support a claim that Uber’s business practices were unsafe.

If your attorney finds evidence that Uber was negligent or reckless, you may have grounds to file a lawsuit to recover damages. While Uber’s terms of service attempt to limit liability, there are still paths to pursue compensation in many cases. An experienced Uber accident lawyer can analyze the details of your specific situation to determine if Uber or its driver may share fault and owe damages.

If an insurance company refuses to pay out a legitimate claim or delays payment unreasonably, this can constitute bad faith. As the policyholder, you have certain rights and the insurance company has obligations to act in good faith. Failure to do so opens them up to legal liability.

• Unreasonable Denial or Delay of Claims: Insurance companies are required to conduct a prompt and fair investigation of any claim submitted by a policyholder. If after reviewing the details of an accident and your injuries, the insurance company denies your claim or delays payment for an unreasonable amount of time, this can be considered bad faith. You may be entitled to compensation for economic losses as well as damages.
• Poor Claims Handling: Mishandling a claim through actions like not returning phone calls, losing paperwork, or not informing you of required documentation can demonstrate bad faith. The insurance company has a duty to handle claims professionally and promptly. Negligence or intentional mistakes in the claims handling process may entitle you to pursue legal action.
• Unfair Settlement Offer: Lowball settlement offers that do not fairly compensate you for injuries and other damages can also constitute bad faith. The insurance company is obligated to offer a settlement that reasonably reflects the extent of your losses. If they make an offer that is deliberately and unfairly low to avoid paying the full claim, you have grounds to pursue a bad faith lawsuit.

If you believe an insurance company has acted in bad faith, contact one of our Uber accident lawyers. You may be entitled to compensation and damages through a bad faith insurance lawsuit. Our attorneys will review the details of your situation, determine if bad faith has occurred, and help you take appropriate legal action.

As a passenger injured in an Uber vehicle due to the negligence or recklessness of the driver, you may be entitled to compensation. Under the legal theory of vicarious liability, companies can be held liable for the actions of their employees or contractors during the course of their duties.

Since Uber drivers are independent contractors and not employees, Uber may argue that they are not responsible for the driver’s conduct. However, courts have found that because Uber maintains significant control over drivers and their vehicles, the company can still be vicariously liable in some circumstances. To have a viable claim against Uber, you must prove:

• The driver was “on the clock” and transporting a passenger during the accident
• The driver was clearly at fault
  • Driving while intoxicated
  • Speeding recklessly
  • Violating other traffic laws

If the driver’s negligence or recklessness directly caused your injuries, Uber may share liability.

Uber’s liability may depend on specifics of your state’s laws and the details of your accident. It is best to consult with an Uber accident lawyer regarding your legal options. We will investigate your case, determine fault, and file a lawsuit against Uber, the driver, or both to recover damages for your medical bills, lost wages, pain and suffering, and other losses.

If you’ve been injured in an accident while riding in an Uber, you’ll want to know what insurance coverage is available to compensate you for your injuries or losses. Uber maintains insurance policies that provide coverage for drivers and passengers in three scenarios:

• Period 1: When the Uber app is on but the driver has not yet accepted a ride request. During this period, Uber provides third-party liability coverage of at least $50,000 per person/$100,000 per accident.
• Period 2: When a driver has accepted a ride request and is en route to pick up the passenger. Coverage increases to $1 million of third-party liability coverage per accident during this period.
• Period 3: During the actual ride, including drop-off. Uber provides $1 million of coverage per accident for third-party liability, uninsured/underinsured motorist bodily injury, and contingent comprehensive and collision coverage.

The specifics of what and how much will be covered depends on the details of the accident and insurance policies in effect at the time. Consult with a Kansas or Missouri Uber accident lawyer to help determine if you have grounds to pursue compensation through a claim or lawsuit against Uber’s insurance providers. Monsees & Mayer will review police reports, medical records, insurance policies, and other evidence to build a strong case for you.

Non-Economic Damages – more subjective losses, including:

• Pain and suffering: The physical discomfort and emotional distress resulting from injuries. Difficult to put an exact price on but can be a significant portion of a settlement.
• Loss of enjoyment of life: Inability to participate in hobbies, social activities and daily tasks that previously brought you joy and fulfillment.
• Permanent disability or disfigurement: Any lifelong impacts to physical functions, mobility, senses or appearance. Even with treatment, these effects remain.

Both Missouri and Kansas do not have a cap on economic or non-economic damages in most personal injury cases. However, Missouri imposes a cap on non-economic damages in medical malpractice cases, and there are arguments in Kansas for potential application of caps in wrongful death cases, which can limit compensation for pain and suffering.