Being injured in an Uber accident in Michigan as a driver or passenger can be a very traumatic experience. Filing a lawsuit against Uber or Lyft is probably the last thing on the injured party’s mind. To one’s surprise, filing a lawsuit against the Transportation Network Provider entity is actually not typically what you should do after being injured in an Uber car in Michigan.
Just like any other personal injury lawsuit in Michigan, you have damages sustained as a result of the accident. For your financial and personal protection, states like Michigan have protected the safety of Uber and Lyft drivers and passengers by requiring Transportation Network Providers in each of their respective states to purchase commercial insurance coverage in the event of an accident while the Uber or Lyft app is turned on. Consequently, your first legal step in your Uber lawsuit as an injured person involved in an accident, would be to ensure that your Uber accident lawyer pursues maximum coverage from Uber’s rideshare insurance policy, with particular special attention to the rideshare period in which the Uber accident took place. It is fatal to your case if your lawyer not well-versed in Uber accidents and misstates the applicable period to the insurer at which the accident took place; this scenario has happened unfortunately to a previous client of The Uber Lawyer and has effectively costed the client upwards of $500,000.00. Sadly, this slip-up scenario with prosecuting Uber injury lawsuit is more common than you may think. And it’s the client of course who pays in the end.
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Which Insurance Company does Uber use in Michigan?
Your Uber accident lawyer will first put the rideshare insurer in Michigan on notice that an accident has taken place. You may ask which of the common insurance carriers does Uber use in the state of Michigan? Well, that would be a good question because Uber’s commercial insurer differ in each state as states have their own negligence laws in the event of an accident.
In Detroit, as well as the rest of Michigan, James River Insurance had recently announced dropping its contract with Uber, effective December 31st, 2019. Today, Uber is insured by All-State Insurance in Michigan. For a copy of the policy certificate, click here.
What Damages are Available to me in an Uber Accident Lawsuit in Michigan?
Different from most of the other states in the country, Michigan requires you to have no-fault insurance on your vehicle, pursuant to Michigan’s No-Fault Statute. There are two types of claims that come into being when an Uber accident occurs in the state of Michigan under the No-Fault Insurance Rules.
- First-Party No-Fault Benefit Claims
In Michigan, First-Party No-Fault Benefits are payable to you, provided by your Personal Injury Protection ("PIP" benefits) includable in your personal auto insurance required by Michigan law. These PIP benefits includes such damages in your Uber lawsuit such as medical expenses arising from the accident, wage loss, and attendant care. Pursuant to Michigan's Order of Priority, the PIP adjuster of Uber's Insurance Company in Michigan will certainly require you to file a claim against your own insurance company for PIP benefits before Uber's commercial insurance coverage will kick in.
- Third-Party Liability Claims
In Michigan, Third-Party Liability Claims are filed against the At-Fault Driver in the Uber Accident, whether it's a third party or the Uber driver. When a car accident is caused involving an Uber and you are not the at-fault driver, you can seek recovery for third-party liability damages stemming from your injury, as long as the injury constitutes a threshold injury, or serious injury, as required by Michigan law. The majority of third-party liability actions in Michigan involves serious injuries to one's head/brain, spinal cord, including back and neck injuries, and legs resulting from an Uber accident.
What Liability Damages Can I Recover from an Uber Accident in Michigan?
The damages available in a third-party personal injury lawsuit involving Uber include accident-related expenses and injuries, including pain and suffering. If you are uncertain whether your injuries warrant pain and suffering damages in your Uber accident, The Uber Lawyer is here for you. Our Detroit and Michigan Uber Accident Lawyers aggressively work to get its clients the most amount of coverage from their accident.
When hiring an Michigan Uber Accident Lawyer who will seek damages against an at-fault driver in the Uber accident in Michigan, your damages are those that you would not otherwise receive through your no-fault insurance PIP benefits. They include:
- Non-economic damages
- Permanent Disfigurement as a result of the Uber accident
- Physical Pain and Suffering as a result of the Uber accident
- Mental Anguish as a result of the Uber accident
- Embarrassment, Mortification, or Humiliation as a result of the Uber Accident
- Permanent Scarring as a result of the Uber accident
- Loss of Enjoyment of Lift as a result of the Uber accident
- Excess economic loss damages
- These damages include the past and future out-of-pocket expenses otherwise includable under PIP benefits that were not recoverable for one reason or another, including the possibility that the injured party had a large income and the Michigan no-fault work-loss benefit fails to completely compensate for his or her full wages. Pursuant to Michigan No-Fault Law, excess economic loss damages are recoverable in a liability claim against the driver at-fault in the Uber accident.
What are my Damages in Michigan when the Uber Accident Results in a Death?
When a person dies as a result of an Uber accident, it is even more critical to retain a knowledgable Uber lawyer who can navigate Michigan rideshare law, in order to get the maximum amount of coverage from the liability coverage from Uber’s commercial insurance policy. However, before you get there, our nationwide Uber accident lawyers will discuss with you the insurance policies at issue, including the personal auto policy of the driver at-fault in the Uber accident, to determine how you can maximize the recovery for the family of the deceased resulting from the Uber accident.
In Michigan, wrongful death lawsuits are governed by the Michigan Wrongful Death Act. When your loved one or friend is killed in an Uber accident, families of the deceased are able to recover under the law such damages including loss of love, affection, companionship, and society, which is determined pursuant to the relationship of the deceased to the relative under Michigan law, loss of financial support, and loss of services. Our lawyers are available 24/7 to discuss with your family the options for proceeding with a successful wrongful death lawsuit against Uber in Michigan, starting with an analysis of the rideshare insurance period that would apply dictating the amount of liability coverage available. We will stand with you and fight for you.
Our Uber Accident Lawyers are Trusted in Michigan.
Jeremy, Personal Injury Client
The Uber Lawyer was able to negotiate a settlement with Uber that was outrageously higher than expected.
Michael, Personal Injury Client
I contacted Sean O’Bryan. I received my settlement quicker than expected and more importantly I was treated with incredible care and professionalism.
Christina, Estate of Decedent, Personal Injury
We hired Sean and he was compassionate, excellent attorney who did an exceptional job fighting on my family‘s behalf for my brother’s legacy. He also WON our CASE and I just wanted to say THANK YOU! My family cannot thank him enough.
Matthew, Personal Injury Client
My wife and I couldn’t have asked for better representation. He was extremely motivated and passionate. Well, his tenacity paid off after a year, and my wife and I were extremely happy with the result.
Robert, Personal Injury Client
Sean was great to work with. He was able to recover damages even after several lawyers told me I didn’t have a case! He was very responsive and took time to explain things.
THE UBER LAWYER™
Is the only multi-state practice in the United States tailored to prosecuting claims involving Uber and Lyft accidents. It is crucial to retain an experienced and knowledgable Uber accident lawyer since Uber accidents can be much more complex.