Key Takeaways
- Georgia's statute of limitations for car-accident injury claims is two years from the crash date under O.C.G.A. § 9-3-33. Property-damage-only claims have four years under O.C.G.A. § 9-3-32.
- Georgia uses modified comparative negligence under O.C.G.A. § 51-12-33 — recovery is reduced by your percentage of fault and barred entirely at 50% or more.
- According to the National Highway Traffic Safety Administration, 42,514 people died in U.S. traffic crashes in 2022, with Georgia ranking among the top states for traffic fatalities per capita.
- Uninsured-motorist (UM) coverage under O.C.G.A. § 33-7-11 is the primary recovery path when the at-fault driver flees, has no insurance, or carries the state minimum of $25,000.
Getting hurt in an accident involving an Uber vehicle or an Uber driver is devastating.
You have to deal with the difficulties of a car crash, and you have to worry about the complications of filing a claim in an Uber accident.
If insurance cannot cover your losses, how do you sue Uber? Is it possible to file a claim against Uber?
An Uber accident lawsuit can be complex but it is possible. Learn more about your options to sue Uber or Lyft after an accident in our detailed FAQ.
Contact a Georgia car accident lawyer to help you with this difficult process. We will provide you with more details about Uber accidents and liability.
Uber Accident Lawsuit When the Rideshare Driver is Responsible
The first step to suing an Uber or Lyft driver that is responsible for a collision is to file a claim.
You are eligible to file a claim for a crash involving an Uber vehicle (or any other rideshare vehicle) if you are a:
- Motorist in another vehicle involved in a collision with an Uber vehicle;
- Motorcyclist involved in a collision with an Uber vehicle;
- Passenger riding in an Uber vehicle;
- Pedestrian struck by an Uber vehicle; and/or
- Bicyclist struck by an Uber vehicle.
Georgia law states that anyone injured in an accident caused by an Uber driver has two years from the date of the collision to file a lawsuit. Two years might seem like a long time to make a decision about whether to sue.
If you are seeking medical treatment and filing insurance claims, two years will go by fast. If you don’t the lawsuit within two years, you will have a time-barred claim. This means that you are not allowed to sue under Georgia law to get compensation.
Proving Liability in an Uber Accident
If you believe that an Uber driver is liable for your collision, you need to prove the following:
- Duty of care: Uber driver owed you a duty of care. Any driver on the road owes a duty of care to other drivers, passengers, motorcyclists, bicyclists, and pedestrians;
- Breach of the duty of care: Uber driver breached the duty of care by being negligent;
- Causation: Uber driver’s negligence caused your injuries; and
- **Damages: **You suffered damages as a result of the Uber driver’s negligence.
An article in Money explains that if you are in an accident caused by an Uber driver, you won’t sue Uber first. Instead, you will file a claim against the at-fault driver. If the Uber driver cannot cover your losses, you can reference Uber’s $1 million liability policy. That policy may be able to cover an under-insured Uber driver.
Contact a Georgia Car Accident Attorney
You need a Georgia car accident lawyer to help you file a claim after an Uber collision.
Contact Georgia Auto Law today to for more information.
Frequently Asked Questions
How long do I have to file a car-accident claim in Georgia?
Two years from the date of the crash under O.C.G.A. § 9-3-33 for personal injury and wrongful death. Property-damage-only claims have four years under O.C.G.A. § 9-3-32. Missing the deadline almost always bars the claim entirely, even if the at-fault driver clearly caused the crash.
What is modified comparative negligence in Georgia?
Under O.C.G.A. § 51-12-33, a Georgia plaintiff who is less than 50% at fault can still recover, but their damages are reduced by their percentage of fault. At 50% or more, recovery is barred entirely. This is why insurance adjusters work hard to assign you any percentage of fault they can.
What if the at-fault driver has no insurance?
Georgia requires every auto policy to offer uninsured-motorist (UM) coverage under O.C.G.A. § 33-7-11. UM coverage on your own policy pays when the at-fault driver is uninsured, underinsured, or flees the scene. Multiple household policies can sometimes be stacked for higher limits.
Do I need a lawyer for a Georgia car accident claim?
For minor property-damage claims, often no. For any claim involving injuries, missed work, lasting symptoms, or disputed fault, a Georgia personal-injury attorney typically recovers far more than the policyholder would negotiating alone, even after the contingency fee. Initial consultations are free.
