Uber’s Terms and Conditions
Uber is the top ridesharing company in the US. In 2018, Uber had nearly 70% of the rideshare business in the US according to the data from the research firm Second Market. While Uber and other rideshare companies have become mainstream, most passengers don’t know their rights, or lack thereof, when they agree to use these services, especially following an auto accident.
Uber has unique terms and conditions and by just using their service, i.e. you took just one ride, you are bound to these terms. These terms are current as of December 2017 and cover a variety of aspects regarding Uber services, however for the purpose of this article, we focused on your rights after an auto accident.
By their nature, Uber’s terms and conditions can be confusing and you need an experienced auto accident attorney to help. Regardless of what types of damages you’ve sustained, if you or a loved one has been injured in an Uber auto accident due to another driver’s negligence, we at Agruss Law Firm are here for you every step of the way to ensure that your rights are protected, and you are fully compensated for your injuries and losses.
If you do not agree to any of their Terms, Uber states that you can not use their services and they can stop offering you their services at any time for any reason.
Uber has a unique policy in regard to any claims that may be made against their company. In their Terms, Uber states: “By agreeing to the Terms, you agree that you are required to resolve any claim that you may have against Uber on an individual basis in arbitration, as set forth in this Arbitration Agreement. This will preclude you from bringing any class, collective, or representative action against Uber, and also preclude you from participating in or recovering relief under any current or future class, collective, consolidated, or representative action brought against Uber by someone else.”
This agreement means that both you and Uber are waiving a trial by jury and/or a class action lawsuit, but Uber also states: “you and Uber each retain the right to bring an individual action in small claims court and the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights.”
The arbitrator will be a member of the American Arbitration Association (AAA) and they will have exclusive authority over the arbitration agreement. Arbitration will only occur after a written demand is submitted and will occur in the county in which you reside. Claims under $10,000 will be handled by documentation only. If the claim is over $10,000, AAA will determine if a hearing is warranted.
The decision of the AAA will be final and binding and if the rider prevails in arbitration, they will be entitled to all legal and court fees, while Uber waives that right. Your responsibility for fees for arbitration depends on AAA rules. If your claim is under $75,000, though, Uber may be responsible for all arbitration fees unless AAA determines the claim was frivolous or improper.
Uber services are considered “as is”.
Uber’s Terms also state: “UBER DOES NOT GUARANTEE THE QUALITY, SUITABILITY, SAFETY OR ABILITY OF THIRD PARTY PROVIDERS. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICES, AND ANY SERVICE OR GOOD REQUESTED IN CONNECTION THEREWITH, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.”
They also state: “UBER SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST DATA, PERSONAL INJURY, OR PROPERTY DAMAGE RELATED TO, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM ANY USE OF THE SERVICES, REGARDLESS OF THE NEGLIGENCE (EITHER ACTIVE, AFFIRMATIVE, SOLE, OR CONCURRENT) OF UBER, EVEN IF UBER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.”
Terms and conditions are often long, boring, difficult to understand, and most people won’t bother to read them. These terms and conditions are important, especially if you’ve been in an auto accident and have questions about your rights.
We at Agruss Law Firm are proud to serve our fellow citizens in personal injury cases, especially when you or a loved one has been injured in an auto accident, and we are fully committed to protecting your rights and ensuring that the other party is held legally accountable when negligence occurs. We will fight until the very end to ensure that you are fully compensated for all injuries and losses resulting from the accident, including medical expenses, property damage, lost wages, and pain and suffering, and you won’t owe us a dime for our services.
If you or a loved one has been injured in an Uber auto accident due to another’s negligence, contact Agruss Law Firm, LLC for a free consultation. Helping our clients is about counseling, advocating, and ultimately solving problems. With years of experience successfully representing the people and not the powerful, we will take care of the insurance adjusters, your medical bills, your property damage, and your lost wages, and monitor your treatment so you can focus on healing and getting your life back to normal. We will handle your case quickly and advise you every step of the way, and we will not hesitate to go to trial for you. Lastly, Agruss Law Firm, LLC is not paid attorneys’ fees unless we win your case. Our no-fee promise is that simple. You have nothing to risk when you hire us – only the opportunity to seek justice.