If you are a frequent rideshare user, should know what to do if you are in an Uber accident. You should start by checking for injuries and calling 911. Then, document the accident scene, obtain information from your Uber driver and collect witness information. Next, obtain a police report, contact Uber, notify your insurance carrier, and get medical assistance. Getting an accident lawyer involved is also crucial. These after-accident steps can improve your odds of recovering compensation from Uber or any other liable party.
You also need to know legal and insurance matters that might affect your Uber accident. Knowing the provisions of Uber’s insurance and how they affect you, as an injured passenger, the other driver, bystander, or pedestrian, can help you handle the accident more flawlessly.
Steps to Take After an Uber Accident
Check for Injuries and Call 911
Check yourself for injuries after an Uber accident. Call 911 right away and request emergency medical help if you have suffered injuries. If you are uninjured, check the other parties involved. If they are injured, request immediate medical attention for them by calling 911. You need to contact the police, even if no one has suffered any injuries.
Document the Accident Scene
Take photos and videos of the accident scene. Be sure to capture all the involved vehicles and the entire accident scene. Document any visible injuries you might have sustained. Taking close-up shots, distant shots, and shots from any other possible angle allow you to capture as many accident details as possible. Record your account of how the crash occurred as if you are compiling a police report.
Obtain Contact and insurance Information from Your Uber Driver
You need to obtain your driver’s phone number, email address, physical address, and insurance information. If your driver refuses to provide auto insurance information and insists that Uber will cover it, try to reason with the driver. Alternatively, request the responding police officers to compel the driver to give you the information.
You’ll probably need to reach out to your driver’s insurance carrier before Uber’s insurance activates. If the driver carries all the required insurance, the driver’s insurance carrier may cover your accident claim. That will save you from the hassles of pursuing your damages from Uber.
Collect Witness Details and Statements
Is there anyone at the scene who witnessed the accident? If yes, collect statements from any witnesses at the accident scene. Be sure to collect their contact details so your accident lawyer can get in touch with them later. Written or recorded neutral witness statements may compel your driver’s insurance company or Uber’s insurance to settle.
Obtain a Police Report
In most states, you must call the police if you get into an accident that results in bodily injury or a specific amount of property damage. Call the police if you have sustained any injuries in your Uber accident. The officer will come to the scene, document it, interview the involved parties, and complete a police report.
Request a copy of the police report from the investigating police officer. If police officers fail to arrive at the accident scene, visit the nearest police station to report the accident. Nevada’s accident statutes give you 10 days to report an accident that causes bodily injuries, fatality, or over $750 in property damage to the Department of Motor Vehicles (DMV).
Notify Uber of the Accident
You need to know how to report an Uber accident as an Uber driver or passenger. The steps are simple and available on Uber’s website. First, open your app and go to the Help section. Then, choose “Trip Issues and Adjustments.” Finally, choose “I was in a crash.” Alternatively, go to the app’s Help section and tap Call Support to speak with one of the company’s agents directly.
Notify Your Insurance Provider
If you were the other driver in an Uber accident, it’s best to notify your insurance provider, even if they won’t be the one responsible for your damages. Contact your insurance carrier within 12 to 24 hours after the crash.
Get Medical Assistance
Visit a doctor after the accident to get medical treatment. Seeing a doctor allows you to obtain treatment for your legitimate injuries and improve your physical wellbeing. It also preserves your right to pursue compensation for your recoverable medical damages.
Strictly adhere to your treatment plan and attend all scheduled appointments with your doctor. Insurance adjusters often use delays in seeking treatment and gaps in the claimant’s treatment plan to justify claim denial or low-ball settlement offers.
Get a Car Accident Lawyer Involved
An accident lawyer who has successfully handled Uber-accident claims will know what to do to help you receive reasonable compensation. The next sections will cover more on this.
Who Is Liable in an Uber Accident?
If you are injured in an Uber accident, the Uber driver is often the one who takes responsibility. The driver’s auto insurance is usually insufficient to pay all your damages. For this reason, you might need to hold Uber liable for its driver’s negligence or reckless driving conduct.
Uber tries to avoid liability by classifying its drivers as “independent contractors,” not employees, claiming it is simply a mobile application that helps link passengers with drivers.
Like all large businesses, Uber focuses on making profits and protecting its assets. The company has resources and a team of legal representatives to help it avoid covering crashes caused by its drivers. The company will try to avoid paying claims even where clear evidence exists. That is why you should involve an Uber accident lawyer to level the playing field and increase your chance of getting compensated.
The other driver could be potentially liable in an Uber accident. Your Uber driver could have crashed due to the reckless or negligent actions of the other driver. In some cases, your driver may have been rear-ended by a distracted driver. Your accident attorney can examine the specific facts of the accident to determine which driver should bear liability for your injuries and related losses.
A car manufacturer could also be partially responsible if the accident stemmed from a defect in one of the car’s components. A review of the car’s history can help determine if the manufacturer should carry a portion of the liability.
How Can an Accident Lawyer Help?
Thoroughly Investigate the Case and Correctly Identify all Potentially At-Fault Parties
Your accident attorney will dissect the Uber accident evidence, like photographs, videos, witness statements, and the police report, to pinpoint who should assume liability for the accident. The lawyer will also look for any other sources of compensation.
The lawyer may work with outside professionals, such as retired law enforcement officers and private investigators, to assemble more evidence. Your lawyer may have the crash scene recreated if certain accident details are unclear.
A persistent accident lawyer is always ready to go above and beyond to build a solid claim. Working with a lawyer helps you stand a better chance of recovering reasonable and maximum compensation as a passenger, the other driver, Uber driver, pedestrian, or bystander.
Determine the Full Extent of Your Damages
If you pursue the claim without legal support, you will probably focus on the immediate costs stemming from the accident. Your lawyer, on the other hand, will consider how the accident will impact you both at present and in the future. The lawyer will assess immediate and future medical treatment expenses, effects of the accident on your capability to work, and emotional effects of the crash.
Upon identifying all your recoverable damages, your lawyer will strive to arrive at an accurate estimate of your claim value. Doing this ensures your payout or court award will cover all the bills arising from the accident.
Help You Get Sufficient Medical Care
Your lawyer might have connections with specific medical providers who can offer you quality treatment and document your injuries accurately. Such providers can describe your injuries and their effect on your life.
Explain Legal and Insurance Issues
Your lawyer will take you through all applicable statutes and court rulings in your case. He or she will help you know your full rights and powers you have in your case progress and outcome.
Your lawyer will also explain the confusing insurance issues associated with Uber accident claims. Uber’s insurance, for instance, is contingent liability insurance. This insurance type becomes potentially available only after you first file a claim with the driver’s primary insurance policy and that insurance turns down your claim.
The driver’s primary insurance coverage requires the Uber driver to carry an additional coverage called rideshare rider to be eligible for coverage for accidents that happen while he or she is driving for Uber. The rideshare rider is an add-on to the driver’s regular insurance policy. Your accident lawyer can help navigate these and many other insurance issues that might potentially affect your case.
Negotiate a Reasonable Settlement
Your accident lawyer will negotiate skillfully with the driver’s insurer and/or Uber’s insurance to obtain a full and reasonable settlement for you. The lawyer will handle all the in-person meetings, phone calls, emails, and communications with insurance companies. He or she will update you on every step of the negotiation process and advise you on the settlement amount that would perfectly suit your situation. Ultimately, the decision to accept or reject the settlement offer will be on you.
Fight Aggressively for You in Court
If the insurance company denies your claim or its maximum settlement offer is still low, moving to trial is the next step. Your accident attorney can file a lawsuit and represent you in court. Even after initiating a lawsuit, your lawyer will continue negotiating with the insurer. Sometimes lawyers and insurance companies enter an agreement before the trial.
If your case proceeds to trial, your lawyer will work with you throughout the entire trial. He or she will fight aggressively to ensure you recover your damages in full. Skilled accident lawyers know how to handle insurance companies and counter their tactics.