Clearly, riders appreciate this alternative to traditional cab services and other forms of public transportation. However, the rise of Uber, Lyft and other peer-to-peer car services comes with a new set of legal challenges, particularly for victims who are hit by one of these cars.
Peer-to-peer car services like Uber are not traditional cab services and are not regulated as such. Taxis and taxi drivers are licensed and regulated. Uber drivers and their vehicles are not subject to the same level of regulation and licensing. The rules regarding insurance, fault and compensation in car wrecks involving cabs are a matter of law. When an Uber driver causes a car accident, the course of action is not quite so clear.
The case often comes down to the question of whether Uber is liable or the individual driver is liable. Because Uber drivers provide rides with their personal vehicles, this issue becomes particularly murky when an auto accident occurs when an Uber driver was off duty or en route to pick up a passenger. If the individual driver is liable, there may be issues of insufficient insurance. While Uber has insurance requirements of its drivers, they may not be sufficient to cover the costs associated with serious injuries.
As in all motor vehicle accident cases, it is important to enlist an experienced attorney who knows the laws that are in place and can protect your rights. At Leonard B. Gabbay, P.C., we are prepared to handle these unique claims.