Ridesharing services like Uber are becoming increasingly popular in California. It’s not surprising that the growing number of ridesharing transactions means that more Uber drivers are causing vehicular accidents. Because these drivers are transporting passengers for hours at a time, some passengers have the misfortune of being inside ridesharing vehicles when they crash.
If you were in an accident as an Uber passenger, you may wonder who’s liable for your injuries. Fortunately, you can file a claim with Uber’s insurance or the Uber driver’s personal insurance to recover compensation, but this can be a confusing and difficult process. If you were in an accident as an Uber passenger, we recommend that you contact a rideshare accident lawyer as soon as possible, as they can assist you through the process of recovering compensation. For experienced rideshare accident lawyers in California, contact Sally Morin Personal Injury Lawyers.
In this blog, you’ll learn how to recover damages as an Uber accident passenger. We’ll also unpack what immediate steps you need to take to increase your likelihood of recovering full compensation.
I Was Involved in an Accident with Uber. Now What?
If you’re seriously injured in an Uber accident, you or someone else in the accident needs to call 911 immediately. You may not even realize the full extent of your injuries due to the shock of the event, so you need to receive prompt medical attention. If no one suffers injuries in the accident, you or someone else should still contact the police. You may be tempted to leave the scene since you weren’t driving, but it’s best to wait for the police to arrive. You should then answer all of their questions to the best of your abilities.
While at the scene of the accident, you should collect evidence if you’re physically able. You’ll eventually use this evidence to support your Uber accident claim.
Taking pictures and videos can serve as invaluable evidence for proving liability. Be sure to capture the damaged vehicles, debris, skid marks, road conditions, and anything else that may be relevant to the accident. You should also speak with anyone who witnessed the scene, and you need to write their names and contact information.
Further, you must obtain the Uber driver’s information, such as their name, contact information, and personal insurance. While speaking with the Uber driver, you need to avoid saying anything that could be used against you when filing your claim. For instance, if the Uber driver asks you if you’re hurt, you should not respond with “No.” This is because you may need to file a claim with Uber’s insurance company or the driver’s personal insurance company. An insurance company can use that response as proof that you didn’t actually sustain injuries in the accident. Instead, simply say, “I don’t know.”
If another driver was involved, you should also obtain their information in case the police find them liable for the accident. If the other driver was at fault, you’ll need to file a claim with their auto insurer.
What If My Uber Driver Gets Into an Accident and It’s Their Fault?
If your rideshare driver was at fault for the accident then you’ll need to file a claim with either Uber’s insurance or the driver’s personal insurer to recover compensation.
Before filing your claim, you should receive medical attention to diagnose and treat your injuries. Make sure to retain all medical bills, records, and other supporting documents.
Next, you’ll report the accident to Uber. The company will conduct an investigation and determine whether they accept liability for your injuries. Uber provides its drivers with $1,000,000 of liability coverage per accident, which protects passengers and others injured in the crash. That said, Uber may deny liability and say that their driver is responsible because they are an independent contractor rather than an employee.
I Was Involved in an Accident with Uber. Can I Sue?
Unfortunately, Uber includes a mandatory arbitration agreement clause in their terms and conditions. This agreement states that all disputes must be handled through arbitration rather than a jury trial.
If you decide to go through the arbitration process, you’ll need to provide ample evidence proving that you sustained damages. The types of evidence you’ll need to supply will depend on your losses. This may include past and future medical bills, lost wages, loss of future earnings, pain and suffering, and more.
Rather than going through arbitration, you can file a claim against the Uber driver’s insurance company. The insurer will also likely try to avoid paying out your claim, so you need to provide substantial evidence proving that their client caused you to suffer injuries.
Contact a California Uber Accident Attorney
Recovering compensation for your injuries after an Uber accident is incredibly complex. Fortunately, you don’t need to go through the process alone — you can contact an Uber accident attorney to help you through the entire process. An attorney can negotiate your claim on your behalf, and they can identify who’s liable for your damages, whether Uber or the Uber driver’s insurance company.
For expert California Uber accident attorneys, contact the experienced legal professionals at Sally Morin Personal Injury Lawyers. We’ll work diligently to secure you the compensation you deserve for your injuries. Call us today at 877-380-8852, or you can get started with a free case evaluation online here.