How Long Do You Have to Sue After an Uber Accident?

Feb 28, 2022
McDonald Injury Law

How long do you have to sue after an uber accident

In Virginia, you have two years from the date of a personal injury to file a lawsuit against the person who caused your injuries. The statute of limitations applies to Uber accidents.

The only way you might get a little bit more time to file a lawsuit is if you discover your injuries many months or even years after an accident. These cases are extremely rare though, which means you should be prepared to file a lawsuit within two years.

Why You Should File Uber Accident Lawsuits Quickly

The more time that lapses between when you are involved in an Uber accident and when you file the lawsuit against the at-fault driver, the more challenging it will become for you to collect evidence and prove your case.

But you also don’t want to file your lawsuit before you have an idea of the financial impacts you’ve incurred due to the driver’s negligence.

This is one reason why it’s wise to hire an attorney as soon as possible after an accident. Your attorney will begin collecting evidence for your case and advise on the right timing to file a lawsuit.

And, the sooner you hire a Virginia Uber accident attorney, the less likely you’ll be to say the wrong thing to the insurance adjuster when they call you to collect information and open your claim.

Listen to your attorney’s advice about the right timing for filing your lawsuit. Every case will be different based on the injuries the victim sustains and the expected treatment outlook for those injuries.

Special Circumstances for Lawsuits Against the Commonwealth or Municipalities

If you were an Uber driver or passenger at the time of an accident that involved no mistakes or negligence on behalf of the motorists involved, you might have a case against the commonwealth or the local municipality.

An example of an Uber accident where you sue the commonwealth or municipality would involve poorly timed traffic lights that cause an accident. Or, the commonwealth might not care for landscaping on public property correctly, which causes blind spots.

Another example is when an accident takes out a sign and the municipality does not act quickly to repair the sign or put up temporary signage to guide motorists. The absence of a road sign might seem like no big deal on the surface. But something as simple as a missing stop sign could lead to a severe accident.

When your case is against a municipality in Virginia, you’ll have shorter notification timeframes based on the local rules. You’ll likely need to report the accident within a few weeks or a couple of months to protect your right to sue.

Lawsuits against the commonwealth of Virginia have a statute of limitations of one year. Falling to file your lawsuit in time will mean you are prohibited from filing the case.

Reporting an Uber Accident

Filing a lawsuit is separate from notifying Uber that you were involved in an accident. Drivers and passengers have slightly different processes for filing a notification of the accident with Uber.

Drivers need to sign in to their accounts and share all trip data with Uber. The company will review the data and then contact the driver to gather further information.

Passengers can submit a form online detailing what happened. Before you submit this information, you should seek a consultation with a Virginia Uber accident attorney.

Third parties, such as other motorists involved in an accident with an Uber driver, can fill out a form online. This will help you get your property repaired and seek coverage for your medical care.

Before notifying Uber of the accident and interacting with their team, you should talk to an attorney. Schedule a free consultation with Geoff McDonald & Associates now for legal counsel to guide you in your interactions with Uber following an accident.