Liability

The person responsible for paying for the Uber accident damages in McKinney depends on the time the wreck happens and the status of the driver. If the driver does not have the app turned on, then the driver’s and their insurance company are responsible for the accident. If the app is turned on but there is not an actual fare involved, then Uber has some liability. Uber’s insurance carrier covers a portion of the amount if this is the case. If the Uber app is on and the driver has a fare or picking up a fare, then Uber’s insurance pays for the damages.

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Recovering Damages

The claim needs to made directly with Uber if the accident happens while the app is on and the driver is either picking up a fare or they already have a fare. Also, a claim should be made with the Uber driver’s private insurance. The driver’s insurance company is not likely going to cover the claim because the car was being used by Uber, but it is still helpful for someone to make contact with them because the individual does not know if the Uber driver has independent insurance that will cover a commercial claim. If the driver understands their insurance is not going to be responsible but Uber’s insurance is, then they may be less likely to lie about being on an Uber call at the time of the accident. It is crucial that the injured person hires a lawyer because the attorney needs to conserve evidence to show that Uber is responsible. This includes asking for a preservation letter to keep evidence that the app was turned on and was in use at the time of the wreck.

Punitive Damages

A wreck involving an Uber driver should not lead to punitive damages. However, the company should be vetting these drivers, which means there could be punitive damages if Uber fails to a background check for things like assault or sexual assault and the injured person suffers that sort of injury. The greater the degree of potential danger that the company exposes the public to and the degree of potential harm the danger could cause can lead to punitive damages.

If Uber has a flaw in the hiring process or a flaw in their evaluation process of the drivers and they allow someone with a prior history of criminal behavior and the driver harms someone, the injured person could end up with a punitive damage claim not just against the driver but also against Uber. To see what McKinney Uber accident damages you may be entitled to, contact an accomplished lawyer right away.

McKinney Case Types

Get The Help You Need Contact McCraw Law Group

If you are in need of a personal injury attorney in North Texas, please contact the team at McCraw Law Group today. We are ready to help you in a broad range of serious accident and injury legal issues, and offer multiple ways to reach us.

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If you are in need of a personal injury attorney in North Texas, please contact the team at McCraw Law Group today. We are ready to help you in a broad range of serious accident and injury legal issues, and offer multiple ways to reach us.

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