When you regularly book rides with Uber, you are probably confident that rideshare drivers are experienced and take their jobs seriously. Even if they do, car accidents can happen and depending on the details, living through one can be emotionally upsetting. The circumstances also have everything to do with your rights and Uber’s obligations if you are injured. So, can you sue Uber for emotional distress after an accident? Maybe.
The first thing you must consider is how the accident happened and if negligence was involved, caused by either the Uber driver or another motorist. You presume when you contract with Uber that you will be delivered safely to your destination. This creates a duty for your driver.
A reasonable driver would not act recklessly or carelessly by, for instance, running stop signs, speeding, or drinking a few beers during the ride. When your driver does act unreasonably, and you are injured in a crash because of the actions, you may be entitled to money from Uber’s insurance company or from a personal injury lawsuit.
When another motorist hit your Uber driver’s car, and your driver was not in any way negligent, your attorney can negotiate with the at-fault motorist’s insurance company or file a personal injury lawsuit against the other driver. When the driver is underinsured or driving without insurance, you might be able to collect from Uber under its uninsured or underinsured motorist coverage.
Emotional distress is a psychological trauma that affects you as depression, anxiety, the angst of being in physical pain, or the loss of interest in your activities, friends, and loved ones. It could be as bad as post-traumatic stress disorder (PTSD) from being directly involved in a devastating accident.
Yes. You must show the connection between the driver’s actions and your emotional distress. The decline in your mental well-being must be a foreseeable outcome of the driver’s actions. This often requires medical or psychological evidence and will be more difficult to prove after a minor car accident than a catastrophic one or if the Uber driver physically or sexually assaults you.
In personal injury cases, the court can award you money to pay you back for what you have spent or lost, including medical bills, wages, and property damage. Emotional distress is a non-economic damage because it is difficult to place a dollar amount on it. Other non-economic damages include pain, loss of marital relations, and the realization that disfigurement is permanent.
You have the right to be compensated for injuries you suffer in an accident after an Uber driver is negligent or intentionally assaults you. A competent attorney manages many issues to help you— multiple insurers, facts, state statutes, and applicable case law. We will not allow your emotional distress to be minimized by Uber or its insurer during our negotiations with them, and if they try, we could fight for compensation in court. If the circumstances are right, you can sue Uber for emotional distress after an accident. Contact our legal team to learn more about seeking compensation.