Uber and Lyft have tremendously transformed the transportation industry. They offer convenience, accessibility, affordability, and ease of use. Most passengers prefer ridesharing platforms to get around when they need a ride. But ride-sharing services are not at all safe. Like any other vehicle driver, Uber drivers are also prone to vehicular accidents.
This blog will discuss what you need to know if your Uber driver gets in an accident. You must equip yourself with information about what you can do after your Uber accident to protect your rights, what damages you may recover, which Uber’s insurance policy applies to your case, and more.
If you have been injured in an Uber accident, make sure that you consult an Uber accident lawyer to understand better the steps involved in filing a claim against the ridesharing company or the other driver.
Uber’s Insurance Policy: What You Need to Know
If you notify Uber about the Uber car accident, they will probably reimburse you for your ride. There are many ways to do this, like leaving a comment, writing a review, or contacting the company through their “Help” option. After receiving your feedback, their insurance representative will call you to confirm the facts. If you were not hurt, the process would be simple. However, if you were injured, you should consider your next action.
First, you need to know about Uber’s insurance system and how it works. To drive for Uber, drivers must have their own personal auto insurance policy. But, Uber gives all of its drivers a policy that differs according to the driver’s status.
Up to $50,000 in liability damages can be paid out when the Uber driver has the app on and waits for a ride request. The coverage reaches $1,000,000 from the moment a customer requests a trip until the time he reaches his destination, which includes you as a passenger.
Uber provides this policy to its drivers because personal auto insurance coverage does not honor claims that happened during commercial or paid driving. Uber first argued that its drivers were independent contractors and were not responsible for any of their driver’s actions. This changed after introducing a law in response to an accident involving a six-year-old girl.
Can You Sue Uber if You’re Injured in an Uber Accident?
Yes. Regardless of whether the Uber driver was at fault, you may sue Uber and perhaps other parties to recover compensation for your pain and suffering, past and future medical treatment, and other losses.
Let’s go over the two most likely scenarios in which you were injured:
The Uber Driver Caused the Accident
If an Uber or Lyft driver injures a driver or a passenger in another vehicle, the injured party may file a claim against the ride-share driver. In this scenario, however, liability will be determined by whether the Lyft or Uber driver:
- Was carrying a passenger or on his way to pick up one,
- Opened the app and was waiting for a passenger, or
- Had no passengers and had not opened the app.
Based on the injuries involved, this distinction may be critical. If the driver had not activated the app, the collision would be handled the same manner as any other automobile accident. The insurance coverage would be confined to the driver’s own personal insurance.
If the ride-share driver had the app open and was waiting for a ride, the contingent coverage, with higher limits of $50,000/$100,000, may apply. The $1 million commercial coverage kicks in if the driver had a Lyft or Uber passenger in the car or accepted a rider and picked up the passenger.
The Uber Driver Was Not at Fault for the Accident
If the mishap was not the fault of the Uber driver, a claim against the at-fault driver could be made. Most states require drivers to carry insurance. But many drivers violate the law and drive without insurance. In cases where the at-fault driver has no insurance policy or their insurance coverage does not fully cover the cost of your claim, Uber’s $1 million in uninsured or underinsured motorist coverage may kick in to cover the difference even if your Uber driver was not at fault.
What Compensatory Damages Can You Recover in an Uber Accident Claim?
According to the law, the liability coverage or damages you may recover in the event of an Uber car accident include the following:
- Medical, hospital, rehabilitation, disability, and other healthcare-related costs in the past and future;
- Physical pain and suffering, mental anguish, and physical impairment (past and future)
- Future income loss as a result of a long-term disability or permanently impaired earning capacity;
- Economic losses in the past, such as lost earnings, salary, or revenue, as well as property damage;
- Punitive damages (for severe wrongdoing); and
- A wrongful death claim (a lawsuit filed by the family of a loved one who died)
Here’s What You Should Do Right After Your Uber Accident
Call the Police
It’s essential to call the police to the accident scene so they can make a report of your accident. You need to also stay at the accident scene with the Uber driver. After the accident, it would be tempting to get another ride and continue on your way, but never do this! The police will speak with all people involved in the incident to understand what happened and what caused it. The police will often include their opinion about who caused the accident in their report.
Seek Medical Attention
Avoid delaying a visit to the emergency room or your doctor just because you believe you are OK. You might have internal injuries. Many injuries, such as whiplash, may not be immediately symptomatic. Seeing a doctor is not just for health reasons. It’s essential to prove the connection between your rideshare accident and the injuries you suffered. The sooner you consult a physician, the stronger that link will be.
Get the Contact Info of Anyone Involved
Like any other car accident, list all other parties involved in the collision, including drivers, wounded parties, and witnesses. Also, you will need to obtain their contact information for future purposes, especially when you decide to pursue an accident claim. Ensure that you get the other driver’s insurance company information as well.
Document the Accident
Take pictures of the accident scene if possible while the memory is still fresh. Even within the time it takes for the police to get on the scene, a lot may happen, so it’s better to begin clicking images as soon as possible.
Speak with any witnesses and determine their willingness to share information. Do not inquire about what they observed during this period since this might be deemed an attempt to influence them.
If the police cannot respond to the scene, you may want to take a snapshot of the Uber driver’s details. You may need that information in the future. You may also wish to collect the Uber or Lyft driver’s insurance details if they were at fault for the collision.
Report the Accident
Don’t think the driver will report the accident. There have been stories of Uber drivers being removed from the site after an accident. Your driver may be unwilling to accept this risk.
Through the app’s “Trip Issues” feature, you may report traffic accidents (and any other harmful activity). This enables you to claim benefits under Uber’s insurance coverage. We strongly encourage you to take caution when communicating with any ridesharing agent. Instead, direct them to your personal injury lawyer.
Contact an Uber Accident Lawyer
Insurance firms and rideshare companies have a lot of expertise in dealing with automobile accident claims. As a reason, they are well-versed in determining what they can get away with. Having an attorney on your side from the start will guarantee that no stone is left unturned in obtaining the maximum amount of compensation to which you are entitled.
Uber accidents attorneys do much more than fight for you during a trial or mediation. Having a specialist on your side can ease most of the load, allowing you to concentrate on recovery.
Is There a Deadline to File for an Uber Accident Claim?
Yes! Like any other personal injury case, an Uber accident has a statute of limitations or time limit for filing an Uber accident claim or personal injury claim. However, it differs from state to state. This time limit can range from one year to six years.
It’s crucial to speak with an Uber accident lawyer to avoid missing the statute of limitations. Failing to act on time may bar you from recovering possible damages.
Don’t Settle Your Uber Accident Claim if You Have Not Spoken With an Uber Accident Attorney.
Uber’s insurance company may call you immediately and ask you to settle your claim. It’s not always a smart idea to settle quickly. Before you agree to anything or sign anything, you should talk to an Uber accident lawyer.
Additionally, car accidents are complex, much more so when Uber cars are involved. Numerous parties may be involved, including the Uber driver, other drivers, and insurance providers. Your best course of action is to engage the services of an experienced attorney. Their primary objective is to maximize your compensation and keep those responsible for your injury accountable.
Contact an Uber Car Accident Lawyer Today for a Free Consultation
If you are injured in an Uber car accident and want to know your legal rights, contact our personal injury law firm today for a free consultation protected by an attorney-client relationship. There is no cost or obligation to speak with one of our attorneys. Our Uber Car Accident Lawyers have the skills and resources necessary to help you get fair compensation if you have been hurt in an Uber car accident. Contact us today by calling (646) 217-0749 or filling out our online form.