Uber, a globally popular ridesharing service with millions of users, especially in the U.S., provides convenient transportation. However, using Uber comes with the same risks as any other road travel mode, including accidents caused by driver error or fatigue.
Uber accidents occur as often as other road incidents. While most post-accident procedures apply to drivers and passengers, some differences are specific to Uber accidents. Knowing the actions to take after an accident can ensure you pursue and obtain the compensation you deserve.
The following is what to do after you are involved in an Uber accident:
Move to a Safe Place
Your immediate safety takes precedence over everything after an Uber accident. First, you should assess your surroundings and determine if you can move to a safer location. Remaining in the middle of the road can expose you to further danger from oncoming traffic.
If possible, step onto the sidewalk or move to the shoulder of the road. As you move, be mindful of your physical condition. Once you are in a safe place, take a moment to gather your thoughts and assess the situation.
However, if you experience severe pain or suspect a serious injury, it may be best to remain where you are and wait for emergency responders.
Seek Medical Attention
Even if you feel uninjured immediately after the Uber accident, seek medical attention. The shock and adrenaline rush following a crash can mask the symptoms of serious injuries. Conditions such as whiplash, concussions, or internal injuries might not present symptoms right away but can have long-term health implications if left untreated. Seeking prompt treatment ensures that potential injuries are diagnosed and treated early.
Moreover, obtaining medical documentation of your injuries helps with legal or insurance claims you might pursue. The medical report generated by your healthcare provider serves as evidence. It details the nature and severity of your injuries, the treatment provided, and the prognosis for recovery.
A doctor’s report supports your claim and helps establish the timeline of your injuries. It makes it difficult for insurance companies to argue that your injuries were pre-existing or occurred after the accident.
Call Emergency Services and Law Enforcement
Calling 911 after you are involved in an Uber accident brings law enforcement officers to the scene, ensuring that a formal accident report is created. When calling 911, give dispatchers accurate information. State the location of the accident, the number of vehicles involved, and whether there are any injuries.
Doing this allows emergency services to respond appropriately and ensures that medical personnel are dispatched if needed. The presence of law enforcement and emergency responders helps manage the scene, directing traffic and preventing further accidents.
A police report documents essential details such as the time, location, circumstances of the accident, and the parties involved. Police reports establish the facts of the case and can greatly influence the outcome of any legal proceedings or insurance claims.
Collect the Rideshare Driver's Information
Collect detailed information from the Uber driver for processing insurance claims and any potential legal actions. The information you gather will serve as the foundation for establishing liability and pursuing compensation for your injuries and damages.
Start by obtaining the driver's full name and contact details, including their phone number and address. Also, note their driver’s license number and issuing state. Next, ask for the name of the driver's personal insurance company, their policy number, and the specific details of their coverage. Additionally, inquire about Uber’s insurance policy, which should cover incidents occurring during a ride.
California law requires all drivers, including rideshare drivers, to carry minimum liability insurance. Uber also provides additional coverage for drivers while they are engaged in a ride. This dual layer of insurance ensures that adequate funds are available to cover your medical expenses and other damages.
Record the make, model, color, and license plate number of the Uber vehicle. This information can help verify the identity of the car involved in the accident and is useful in cross-referencing with official reports and insurance claims.
Furthermore, obtain the driver's Uber identification number, which can be found in the Uber app. This unique identifier links the driver to Uber's records and can expedite the process when dealing with the rideshare company. Having this number ensures that your report and any claims are accurately directed to the correct driver and ride instance.
Collect Witness Information
Witnesses can provide an unbiased account of the events leading up to and following the collision. This is invaluable in establishing liability and supporting your version of events. Approach any bystanders who may have witnessed the accident. Politely ask if they would be willing to provide their contact information, including their full name, phone number, and email address. If possible, also note their address. Witnesses are more likely to cooperate while the details are still fresh in their minds and they are present at the scene.
Engage with them calmly and respectfully. Explain that their observations could help determine the cause of the accident and ensure justice is served. People are generally more inclined to assist when they understand the importance of their contribution.
Ask witnesses to describe what they saw in as much detail as possible. Record their statements if they are comfortable with it, either by writing them down or using a voice recording app on your smartphone.
The California Evidence Code section 350 allows eyewitness testimonies to be admissible in court, provided they are deemed reliable. Witnesses can offer critical perspectives that might not be captured by physical evidence alone. Their statements can corroborate your account and counter any contradictory claims made by the Uber driver or other parties involved.
In some cases, witnesses might not have time to provide a full statement at the scene. If so, arrange to contact them later at a convenient time. Ensure that you follow up promptly, as memories can fade, and their willingness to assist may diminish over time.
If you cannot gather witness information immediately due to injuries or other constraints, contact your lawyer for help. Also, law enforcement officers interview witnesses as part of their accident investigation and include their statements in the police report. Requesting a copy of this report later can provide you with access to these testimonies.
Document the Scene
Thoroughly documenting an accident scene can significantly affect your ability to obtain compensation. This process involves capturing detailed and accurate records of the conditions and events immediately following the collision. These records will support your claims with insurance companies and any potential litigation.
Start by taking clear photographs of the scene. Use your smartphone to capture multiple angles of the vehicles involved, ensuring you include shots that show the extent of the damage to each vehicle. Photograph the license plates, vehicle identification numbers (VIN), and any identifying marks or logos on the Uber vehicle. These images provide a visual account of the accident's severity and can help establish the sequence of events.
Besides vehicle damage, document the surrounding environment. Capture photos of the road conditions, traffic signals, signage, and any skid marks or debris. These details can provide context on factors that may have contributed to the accident, like road hazards or weather conditions. If there are any nearby landmarks or identifiable features, include these in your photographs to help pinpoint the accident location.
Record any visible injuries you or other passengers have sustained. These images are proof of the accident's physical impact. Injuries that are documented promptly after the accident are harder for insurance companies to dispute as unrelated or pre-existing.
Finally, keep all documentation organized and readily accessible. Create a file that includes your photographs, notes, witness information, and any other relevant documents. This organization makes it easier to share information with your attorney and insurance company, ensuring that nothing is overlooked during the claims process.
Contact Your Personal Injury Attorney
Seek a lawyer’s help ensures that your rights are protected and that you know what to expect. You should also contact a seasoned personal injury attorney before you can talk to the police, insurance, or other victims. Your lawyer will help you understand your legal options and rideshare insurance policies, For example, the $1 million liability coverage and uninsured/underinsured motorist coverage provided by Uber.
It is because of the multifaceted nature of such accidents, where multiple parties and insurance companies may be involved, you will need a lawyer. During your consultation, your attorney will evaluate the details of your case, including the evidence you have gathered. They will examine medical records, police reports, witness statements, and any other pertinent information to build a robust case on your behalf. This comprehensive review helps in identifying the strengths and potential weaknesses of your claim, allowing your attorney to formulate a strategic approach tailored to your situation.
You need an experienced attorney to handle communications and negotiations with your insurer. Insurers often employ tactics to minimize payouts. Without legal representation, you may be disadvantaged.
File a Claim With Your Insurance Company
Filing an insurance claim helps secure the financial compensation needed to cover medical bills, property damage, and related expenses after an Uber accident. Notify your insurance company about the accident asap. Contact your insurance agent directly or use the claims hotline provided by your insurer.
During this initial contact, you will need to provide your insurance policy number and detailed information about the accident, including the date, time, location, and the parties involved. Clearly describe the extent of your injuries and property damage, and mention that the accident involved an Uber vehicle. This information helps your insurance company understand the context and potentially coordinate with Uber’s insurance provider.
Your insurance company will likely ask for a copy of the police report, medical records, and any other documentation you have collected. The police report offers an official account of the accident, while medical records demonstrate the extent of your injuries and the necessity of treatment. Photos of the scene and witness statements further corroborate your account of the incident.
California operates under a fault-based system for car insurance claims, meaning the at-fault party's insurance is typically responsible for covering damages. However, in rideshare accidents, multiple insurance policies may come into play. Uber’s insurance provides coverage when the driver is on a ride, including $1 million in liability coverage and uninsured/underinsured motorist coverage. Your personal auto insurance policy may also offer benefits, depending on your coverage.
When filing your claim, be honest and detailed. Avoid speculating about fault or the specifics of the accident. Stick to the facts as you know them. Your insurance adjuster will investigate the claim and determine the appropriate compensation based on the evidence provided. Cooperate fully with their investigation, providing any additional information or documents they request.
If the Uber driver is found to be at fault, their insurance, including Uber’s policy, will cover your damages. However, if liability is disputed, your insurance company may initially cover your expenses and then seek reimbursement from the other party’s insurer. This process is known as subrogation.
Report the Accident to Uber
Rideshare companies have protocols for handling accident reports, and following these procedures can help ensure that your claim is processed efficiently and accurately. Reporting the accident promptly is essential to activate any insurance coverage provided by the rideshare company.
To report the accident to Uber, open the app and navigate to the "Help" section. From there, select "Trip Issues and Refunds" and then "I was in an accident." This will guide you to a form where you can provide details about the accident. Include the date, time, location, and a description of what happened. Make sure to upload any photos or documentation you have collected. This thorough documentation helps Uber assess the situation and begin the claims process.
Providing accurate and detailed information helps in processing your claim but also ensures that your insurance coverage is activated. Uber provides liability coverage that applies while the driver is on a trip, which includes $1 million in liability insurance and uninsured/underinsured motorist coverage. This coverage can be vital in covering medical expenses, property damage, and other costs resulting from the accident.
Rideshare companies typically conduct their own investigations into accidents. They may contact you for additional information or clarification. Cooperate fully with their inquiries and provide any requested documentation promptly. This cooperation can expedite the claims process and improve your chances of receiving fair compensation.
Bring a Personal Injury Lawsuit
If you have followed all the necessary steps—seeking medical attention, documenting the scene, collecting information, and reporting the accident to both your insurance and Uber —yet you find that the compensation offered is insufficient or denied. Filing a personal injury lawsuit may be your next course of action. This step helps you pursue fair compensation for your injuries, pain and suffering, lost wages, and other damages.
California operates under a comparative negligence system. Therefore, even though you are partially liable for the Uber accident, you can still recover damages. However, your percentage of fault will reduce your compensation. For instance, if you are found to be 20% at fault, your compensation will be lowered by 20%.
The statute of limitations for bringing a personal injury lawsuit in California is generally two years from the date of the accident. This means you have a limited window to take legal action, so it is essential to act promptly. Missing this deadline can cause losing your right to seek compensation.
To initiate a personal injury lawsuit, you will need to file a complaint with the appropriate court. This legal document outlines your allegations, the extent of your injuries, and the damages you are seeking. It is advisable to work with a skilled personal injury attorney who can draft this complaint accurately and strategically.
Your personal injury lawyer will also gather all necessary evidence to build a strong case. This includes medical records, witness statements, images of the accident scene, police reports, and any correspondence with insurance companies. Expert testimony may also be required to substantiate your claims, particularly concerning the extent of your injuries and the effect on your life.
Once the lawsuit is filed, the discovery process begins. During discovery, both parties exchange information and evidence related to the case. This phase may include depositions, where witnesses and involved parties are questioned under oath. Your lawyer will guide you through this process, ensuring that your rights are protected and that all relevant evidence is brought to light.
Negotiation and settlement discussions often occur throughout the lawsuit process. Many personal injury cases are resolved through settlements rather than going to trial. Your lawyer will negotiate on your behalf, aiming to secure a fair and just settlement that covers all your damages. If you and the responsible party cannot reach a settlement, the case will proceed to trial, where a judge or jury will determine the outcome.
Schedule a Consultation With a Car Accident Lawyer Near Me
After being involved in an Uber accident, the actions you take significantly affect your recovery and compensation. If you follow the steps detailed above and hire a car accident lawyer, you can secure the justice and compensation you need. Choosing the right attorney can make a significant difference in the outcome of your case.
At the Los Angeles Car Accident Attorney, we specialize in car accident cases, including those involving Uber. Our reliable lawyers are dedicated to providing unmatched legal representation to accident victims. We will also negotiate with insurance companies for fair compensation. Call our office at 424-237-3600 to schedule your free consultation.
