What Recourse Do I Have as a Pedestrian Who Was Hit by An Indianapolis Uber Driver?

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When Uber accidents come up for discussion, it’s often from the perspective of a passenger or another driver. However, pedestrians are also at risk of getting hit by an Uber in Indianapolis. Out of the 914 fatal accidents in Indiana in 2017, 101 involved pedestrians. This is according to the 2017 Traffic Safety Facts published by the National Highway Traffic Safety Administration. (NHTSA).

Given how commonplace Uber is, it’s not unthinkable that someone walking the street could be hit by an Uber driver,  Unfortunately, Uber accident claims are often not straightforward. If you want to get compensation for any injuries you suffer in a crash, you’ll need a competent Uber accident lawyer. The approach you’ll have to take to recover your losses depends on a few factors which we’ll discuss below.

Considerations Following an Uber Accident

The first thing you need to know is that Uber drivers are independent contractors. They aren’t employees of the company and they don’t use company vehicles. This means that Uber won’t always accept liability for accidents caused by their drivers. Uber takes responsibility only when the driver is on the clock.

If the driver is offline or their app is off, you’ll have to file your claim with their personal auto insurance. You may be eligible for compensation for medical expenses, lost wages, and other losses. In Indiana, each driver is required to carry at least:

  • $25,000 bodily injury per person per accident
  • $50,000 bodily injury for all individuals per accident
  • $25,000 property damage liability

However, there is no guarantee that the insurance company will honor your claim. Many policies don’t provide coverage when the driver uses their vehicle for ride-sharing purposes. If this is the case, your Indianapolis Uber accident lawyer will give you further guidance.

If the driver was online or waiting for a ride request, Uber provides limit third party coverage. It kicks in if the driver’s personal insurance doesn’t apply. It covers:

  • 50,000 in bodily injury per person
  • $100,000 in bodily injury per accident
  • $25,000 in property damage per accident

If the driver was going to pick up riders or already doing a trip, Uber’s $1 million third party liability coverage may apply. However, getting your claim approved will not be easy. If the driver was going to collect a passenger, the collision will likely result in the ride being canceled. This would mean that the driver was technically online and waiting for a request. Uber could use this technicality to treat your claim differently.

The other thing to note is that Uber’s insurance company is like any other insurance company. Even though Uber is a big company, their insurer won’t automatically pay you $50,000. They’ll want to pay as little as possible. The insurance provider may find a reason to deny your claim or offer you an extremely low amount. If you want to have a fighting chance, you need an excellent attorney.

Uber and its insurer will certainly have a strong team fighting on their behalf. Nothing about the case will be simple. You will need someone who can analyze your case in its entirety and identify all avenues for compensation. The more serious your injuries are, the more important this is. If you have thousands of dollars in medical bills piling up, you need to fight for full and fair compensation.

What to Do After Getting Hit by an Uber in Indianapolis

While there will be lots of work for your attorney to do, you can also help yourself. In the moments immediately after the accident, your lawyer won’t be present. If you are physically able, you should try to collect evidence from the scene. Take photos and videos showing what occurred and get contact information for any eyewitnesses. You should also write down as much as you can remember about the accident. You will begin to forget details much sooner than you think.

Even if you think your injuries are minor, seek medical attention immediately. Both your health and the claim you may eventually file will depend on it. Some injuries don’t show up until later but if you wait to see the doctor, you’ll hurt your case. The insurance company is likely to claim you got your injuries elsewhere.

Consult Stewart|Phelps|Wood if You Were Hit by an Uber in Indianapolis

Pedestrian accidents can be extremely dangerous. Pedestrian accidents involving Uber drivers can extremely complicated. It’s easy to get overwhelmed in such a situation. That’s why you need to contact an Uber accident attorney in Indianapolis who will take care of all the legal issues.  At Stewart|Phelps|Wood, we have the knowledge and skills to guide you towards the best possible outcome.  Contact us today to schedule a consultation and benefit from our insight.

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