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Filing an Uber accident lawsuit in Maryland is only necessary if we cannot first settle your case. There are several reasons why we are first attempting to settle your case. Perhaps most importantly, it saves you expenses. While a Maryland Uber accident lawyer will advance all costs on your behalf, and while you will not be responsible for these costs if we are unsuccessful in litigation, the costs get reimbursed out of the recovery. Thus, it is in your best interest for your personal injury attorney to keep costs down. Costs in an Uber accident lawsuit include expert witness costs, deposition fees, filing fees, serving process on the defendant, and more. While there are always costs in a case, even if we settle, they tend to increase significantly if we go to trial.
The second reason we prefer to settle your case is it is quicker. Once we file a lawsuit against a defendant, we may have to wait up to a year to get into court. Contrast this with settling a case, which can be as simple as signing a contract waiving your right to file a lawsuit in the future and receiving a settlement check. There are other reasons why settling your case is preferable, too. To name a few more, there is certainty in a settlement. Once we execute the contract, it is over. There are no appeals. Further, there is uncertainty if we file a lawsuit. Even if you are entitled to compensation based on the facts of your case, there is never a guarantee with a jury. You never know who is on the jury or how they feel.
Determining whether to file a lawsuit for an Uber accident in Maryland depends on various factors. Ultimately, you should decide this with assistance from an experienced Uber accident attorney. Your attorney can help you decide whether your time and effort is worth pursuing in court. If we file a lawsuit on your behalf, a few things must have happened. First, we must have your authorization to file a lawsuit. So, your attorney can never file a lawsuit without your permission. Beyond that, it is probable that we tried to settle your case but were unsuccessful. There are a few reasons why an insurance company may not make a reasonable settlement offer. First, they may believe their insured is not liable. In the typical rear-end collision, liability is usually clear.
All it takes is to examine the property damage to your vehicle’s rear and the front of the other driver’s vehicle to know who is at fault. While it is not always that simple, that is how it often plays out. However, a sideswipe accident may make it more difficult to prove liability. This is when we may require witness testimony to meet our burden of proof. The second reason we may be unsuccessful at settling your case is if the insurance company refuses to make a good settlement offer. While this is a minority of cases, it does happen occasionally. It is often a mystery why they will not make a good offer. But if that does happen, we simply file a lawsuit against their insured and proceed to trial.
Here, we outline the key steps in filing an accident lawsuit in Maryland.
To be able to file an Uber accident lawsuit in Maryland, you must have standing. To have standing, a party must demonstrate a sufficient connection to and harm from the accident. In the context of an Uber accident, you may be a passenger in the Uber, the Uber driver, or any other driver or passenger injured in the accident. You may even be a pedestrian or bicyclist if injured in the accident. In a rare instance, you can make a claim that you were in the zone of danger and suffered a severe manifestation of physical injury, even if you were not physically touched by the accident. The types of claims we handle as Maryland Uber accident attorneys are claims due to either negligent or intentional conduct arising out of an Uber accident.
The vast majority of Uber accident cases arise out of negligence. This occurs when one driver unintentionally fails to maintain control of their vehicle and crashes into you. The silver lining to a negligence cause of action is two-fold. First, it is a lower burden of proof than for an intentional conduct cause of action like a battery. Second, insurance is still applicable in a negligence claim.
When filing an Uber accident lawsuit in Maryland, insurance will only play a role sometimes. As plaintiffs, we want insurance involved if we are suing an individual like a driver. However, Uber insurance only applies if the driver is active on the app. This includes times when the Uber driver is driving to pick up a passenger, has a passenger in his car, or is driving on the app waiting for a ride. For instances where insurance is active, the insurance provider will provide a defense for their insured. This is when the legal team at Gelb & Gelb battles it out with the insurer’s attorneys. They provide a legal defense because they are on the hook for damages up to a certain amount.
By now, you may have found online that the statute of limitations for a personal injury claim is three years in Maryland. So, if you wish to file an Uber accident lawsuit in Maryland, you should be aware of this statute. But it is not always that simple. Delays in filing can weaken your case due to lost evidence and fading witness memories. If you wait too long to file,
Additionally, there are other deadlines to file by if you wish to maximize compensation for your injuries. For example, if you wish to make a personal injury protection (“PIP”) claim, you have just one year to submit a PIP application with the correct insurer. There are also strict deadlines if you are in an accident with a Maryland government vehicle, such as a police officer.
Our Maryland car accident lawyers will put the state treasurer on notice as soon as you retain our firm to preserve your legal right to make a claim. You cannot successfully file an Uber accident lawsuit in Maryland if you miss this deadline.
At Gelb & Gelb, we have practiced personal injury law for over 70 years. In this time, we have successfully resolved personal injury matters for over 10,000 people. Further, we have handled Uber accident claims since Uber’s inception back in 2009.
Call our office today for a free case consultation at (202) 331-7227.
Copyright © 2025 Gelb & Gelb, P.C. All rights reserved.