Uber made its entrance in Nevada in 2015. Although they did their best to inspire safety and professionalism, their drivers caused enough accidents. Many of them occurred in Clark County and the Henderson area. It is not uncommon for a local law firm to receive clients needing a Henderson Uber accident lawyer.
Cases involving rideshare vehicles are tricky. As usual, the party at fault has to cover the losses they caused. When it comes to insured drivers, their insurers are usually the ones to pay the compensation. When the party at fault is an Uber driver, many more factors come into play.
Depending on how and when the accident occurred, the victim can choose from several possible defendants. The best solution to make this choice is to discuss the case with a personal injury attorney in Henderson. The latter will analyze the case details and advise their clients accordingly.
Potential Defendants an Uber Accident Lawyer in Henderson May Recommend for the Compensation Claim
Compensation for your Uber accident may come from one of the following sources:
This option is available when the Uber driver is on duty and covered by the rideshare company’s insurance. Given the huge insurance coverage Uber has, any Uber accident attorney will look into this possibility.
In order to sue the company directly, an Uber accident victim will have to prove their direct liability. Perhaps the company knowingly hired an inexperienced and uninsured driver. Or, perhaps the vehicle did not meet requirements and the company accepted it anyway.
The Uber driver’s insurer
In theory, this should be easy. If they are not on duty for Uber, drivers are on their own. They should have their minimum liability coverage, according to Nevada requirements. It is of $20,000/event for property damage and $25,000/person and $50,000/event for injuries. Unfortunately, most insurers do not cover driving for profit, which would leave the driver uninsured.
The Uber driver
If they are off-duty and uninsured, the Uber driver may answer for their actions in court. While filing a lawsuit is easy for an experienced Uber accident lawyer, it could be in vain. A court order does not really guarantee that the claimant will recover their losses. Lawyers only recommend this option after making sure the claimant has the means to pay.
The victim’s own insurer
The victims of uninsured or underinsured motorists may turn to their own insurers for compensation. To actually obtain it, they will need uninsured/underinsured motorist coverage. Luckily, in Nevada, most insurers include this coverage in their liability policies.
A third party
Sometimes, although they involve Uber vehicles, accidents are caused by third-parties. They could be another driver, the road administrator, a parts supplier, or a mechanic who did a lousy job. An Uber accident attorney will check all the options available before making recommendations.
Before deciding on the best defendant to their compensation claim, lawyers review several important aspects:
- Who was at fault for the accident and how they can prove their liability. In order to obtain compensation, the claimant will have to prove several aspects. The most important of them is the defendant or their client’s liability. They will need to show the latter owed them a duty of care that they breached. They will also have to prove their losses and their connection with the accident.
- When the accident occurred regarding the Uber driver’s relationship with the rideshare company. This relationship determines the insurance coverage the Uber accident lawyer may access.
- Whether the Uber driver and their vehicle meet Uber and Nevada requirements. Failure to meet those requirements would be proof of negligence on behalf of Uber.
Uber Requirements for Drivers and Vehicles in Nevada and the Importance of a Rideshare Accident Lawyer
Nevada is one of the few states with quite harsh and specific regulations for rideshare companies. They adopted these policies in 2017. At the time, the media wrote that they may drive the service providers out of business. Here are the rules rideshare companies and their drivers need to comply within Nevada:
- According to Nevada SB554, all Uber drivers need to carry a Nevada Business License. The rideshare company should not accept drivers who do not have it. Drivers can acquire their licenses from the Clark County Business License Department.
- Decals are mandatory on Uber vehicles while the driver is online. They should be placed facing outward, on the front passenger windshield.
- TNC permit decals are mandatory for rideshare drivers picking clients up from dedicated areas in airports in Nevada. Each TNC decal has a unique permit number. Drivers without decals will receive citations.
For vehicles, Uber imposes the following minimum requirements:
- No more than 15-year old
- Four doors
- No cosmetic damages
- No commercial branding
- Timely vehicles inspections
An experienced Uber accident lawyer will use any incompliance with these requirements to prove their case.
Drivers wanting to work for Uber in Nevada will need:
- A valid driving license
- Proof of liability insurance (see minimum coverage above)
- Vehicle inspection form
- Vehicle registration proof
- Nevada TNC sticker
- Approved Uber trade dress
Uber accepts temporary registration documents as well. Also, they allow their drivers to use vehicles registered in someone else’s name. Although they have huge insurance coverage, they require their drivers to carry their own liability insurance.
Insurance Coverage an Experienced Uber Accident Lawyer Might Access
Uber’s insurance for their drivers depends on their status in the Uber app. Here are the three scenarios any Uber accident attorney in Henderson is aware of:
Driver online, waiting for a ride
Uber only covers their driver’s liability to a third-party. Their coverage is $50,000/person and $100,000/event for injuries. For property damage, the coverage is $25,000/event. Uber drivers who are not at fault may seek compensation from the insurer of the party at fault. Another option is to check their own coverage and claim compensation from their own insurer.
Driver online, on their way to pick up a client or during the trip
Uber has acquired three types of coverage for these situations:
- Driver’s liability to third parties: $1,000,000 per event.
- Uninsured/underinsured motorist coverage for the driver: $1,000,000 per event.
- Contingent and comprehensive coverage up to the actual value of the Uber vehicle. This coverage backs up the driver’s own collision coverage for the vehicle. It comes with a deductible of $1,000.
Usually, when the driver is not carrying passengers, their personal coverage comes first. After its exhaustion, Uber’s contingent and comprehensive coverage steps in to cover the difference. The third-party liability coverage is usually available for accidents with Uber clients onboard. To know for sure, victims should consult an Uber accident attorney and discuss their specific case details.
Driver offline, driving for personal interest
As mentioned above, drivers who are not active on the Uber platform are on their own. Their victim or their Uber accident lawyer have to seek compensation from the driver’s insurer. Other options are to sue the driver directly or seek compensation from their own insurer.
This impressive coverage for their clients and drivers does not make compensation easy to obtain. Claimants will be fighting experienced lawyers and insurance agents, and they will need solid evidence. One of the most difficult aspects to prove is the driver’s status in the Uber app. The experience and knowledge of an Uber accident attorney will surely come in handy.
Things used to be even worse in the past. Since Uber labeled their drivers as independent contractors, they denied liability for their actions. Things have slowly changed, especially since Uber acquired injury protection coverage for their drivers. The employer-employee relationship has become easier to prove.
Drivers injured while working for Uber will benefit from:
- Up to $500 per week in disability payments
- Up to $1,000,000 in medical expenses
- Also up to $150,000 in survivor benefits.
All these numbers may be overwhelming for many accident victims. At Nettles & Morris, we advise our clients to focus on their actions at the accident scene. In our experience, these are even more important for the outcome of a case than insurance coverage.
Without an Uber accident lawyer to advise them, many victims make mistakes. Others neglect important details that could be of great help to their compensation claim. Here is how we advise our clients to act after the accident:
Uber Accident Attorney Advises on How to Act at the Scene of an Accident
The aftermath of an accident can be stressful and chaotic. However, it is important to remain calm and take the following steps:
Remain at the accident scene and request medical assistance
All traffic participants involved in accidents should remain at the scene. If they are seriously injured and need assistance, they should call an ambulance or go to the hospital. Those who go to the hospital will want to send someone to the accident scene to collect information.
The adrenaline rush makes many accident victims feel safe and sound. Whiplash injuries, internal injuries, and traumatic brain injuries often display delayed symptoms. Without a proper diagnosis and treatment, these injuries may aggravate. Any Henderson vehicle accident lawyer will advise clients to undergo a medical exam and make sure they are safe.
Report the accident
The obligation refers not only to drivers but also to Uber clients. Drivers should report the accident to the police and their insurer. Uber clients should report it in the Uber app. Just to be safe, they should keep records of their reports. Common examples include witnesses, screenprints, and call records. This way, if Uber denies receiving their report or challenges their status as clients, the claimant can fight back.
Gather information and evidence.
All accident victims should request the contact, driving, and insurance information of everyone involved. They will need to know with whom to file the compensation claims and who the potential witnesses are.
Also, all compensation claims, whether filed with insurers or in court, need supporting evidence. Most of this evidence is available at the scene. That is why our Uber accident lawyers advise clients to gather evidence. They should take photos and videos of the scene and vehicles involved. They should look for ways to prove how the accident occurred and what consequences it had.
Get in touch with an Uber accident lawyer in Henderson.
Both court trials and insurance claims require evidence and following strict formalities. These are quite challenging for the average person, but routine for experienced attorneys. By hiring an Uber accident attorney, Henderson victims can save time, effort, and peace of mind. The attorney will take over all hassles and allow them to focus on recovering and getting their life back on the track.
Waiting too long before contacting a lawyer is never a good idea. Gathering the necessary evidence and following the due procedures takes time. Some evidence may no longer be available several months after the accident. Witnesses may leave town or change phone numbers or addresses too. Finally, according to the Nevada statute of limitations, accident claims should be filed within two years.
Discuss any settlement offers with a Henderson Uber accident lawyer.
Thoroughly justified compensation claims usually receive a settlement offer as a response. Claimants should review such offers with an attorney before deciding whether to accept them. The latter cannot force their client to accept or reject the offer. However, they can provide an informed opinion and, maybe, negotiate a better deal.
Schedule a Consultation with a Nettles & Morris Uber Accident Attorney in Henderson, NV
At Nettles Morris Law Firm, we know how challenging Uber accident cases can be. Our attorneys know all about Uber’s insurance coverage and rideshare passenger rights. If you allow them, they will use their knowledge, skills, and experience, to your benefit.
All you need to do is schedule a consultation with a Nettles & Morris Uber accident lawyer. You can do so online, by filling our contact form, or over the phone, by calling 702-410-6239. The first consultation is always free, so you have nothing to lose. You will gain answers and advice that will help you steer your case in the right direction.