4.8 million people required medical treatment for injuries sustained in a car accident in 2020 alone. If you are involved in an accident while riding with Uber, you might not know what to do or what to expect. Learn more about your rights as a victim if you’re in an Uber accident.
Report the Accident
After an Uber car accident, call the police. This must be done regardless of how severe you believe the accident is or is not. The police will create an accident report that will serve as critical evidence to support your personal injury claim. This evidence is needed in order to prove that you were involved in an accident while riding with Uber.
Then, request a copy of the police report after it has been completed. Even if the accident happened in a parking lot or on private property, you should request that police respond to the scene. Tell them that you were using the rideshare service when the accident occurred.
You also need to report the accident to Uber. Never assume that your Uber driver will report the accident. They may be afraid of losing their job and keep what happened to themselves. Regardless, you can use the app to report accidents and unsafe behavior. Go to the “Trip Issues” section of the app.
Starting Gathering Evidence
When you file a claim with Uber, you can collect compensation from their insurance policy. However, you will need to prove damages. Therefore, if you are able, you should start gathering evidence at the scene of the accident.
The documentation will help prove your case. It’s not uncommon for memories to become fuzzy after a car accident. And sometimes, other parties will flat-out lie about what happened.
This is why the best thing you can do is collect evidence that can’t be disputed. Use your phone to take photos of the accident scene right away. Things can change between when the accident occurs and when the police arrive.
Take photos of all vehicles involved and the scene itself. As a passenger, Uber should compensate you under their policy, but matters of insurance can get complicated when there are multiple parties involved. To be on the safe side, you should collect contact information for the driver and any other parties involved in the accident.
If there are any witnesses, be sure to get their contact information, as their statements can serve as critical evidence later on in the claims process.
Seek Medical Attention
If you are seriously injured in an accident with Uber, you may be transported from the scene by ambulance. If you don’t think you’ve been seriously injured, still seek medical attention. You can always take yourself to the ER or an urgent care center later on or even your family doctor. If you start feeling pain at any time, you should seek medical attention as soon as possible.
Sometimes, victims of car accidents don’t realize they are injured right away. This is because the shock of being in an accident can cause an adrenaline rush that prevents you from feeling pain. Car accident injuries can also take time to appear.
Injuries like whiplash and soft tissue inflammation can present days or even weeks after an accident. It’s important to get checked out by a medical professional who deals with car accident victims and knows what to look for. Getting checked and starting treatment right away can lead to better outcomes and prevent complications.
Be sure to follow through with the treatment provided by your doctor. For example, if you are prescribed physical therapy, be sure to attend all appointments. If you stop treating your injury, insurance companies may use this against you, and you may have a worse outcome. You need to prove that you did everything you can to treat your injury.
Tell the doctor when and how you were injured while riding with Uber. You need to establish a clear link between the accident and your injuries to prove your case.
Another important thing to pay attention to is your mental health. Injuries from car accidents aren’t always physical. Mental health issues like PTSD, anxiety, depression, and fear can present as a result of an accident with Uber. Treating these issues is just as important. Therefore, you should be compensated for them, as well. Ask for copies of medical records and bills after each appointment.
One of the most stressful things about being in an accident with an Uber driver is trying to determine whose insurance company should be paying. It’s not always as straightforward as you might think.
In fact, Uber has designated three “periods” to distinguish what coverage will apply if an accident occurs.
Period 1 is when the driver is using the Uber application but is waiting for a pickup request. Just because the Uber application is running does not mean that Uber will assume liability for an accident.
During this period, Uber is not liable because Uber drivers are independent contractors rather than employees. If an accident occurs during this period, the driver’s own insurance will apply.
Period 2 begins when Uber drivers are officially on the clock. That is, they are on their way to pick up a passenger who has requested a ride. If an accident occurs during this period, Uber’s insurance will apply.
Period 3 is when a passenger is being transported to their destination by an Uber driver. If an accident occurs during this period, Uber’s insurance will also apply.
Talk to a Lawyer
If you were involved in an Uber car accident, you need to talk to an attorney who specializes in rideshare accident cases.
These cases are unique and involve a number of moving parts that can be difficult to manage on your own. However, when you’re represented by an attorney, you don’t have to worry about dealing with difficult insurance companies who try to take advantage of victims. Instead, you can focus on recovering while your attorney negotiates on your behalf.
You can expect a better settlement offer, support during your time of need, and a clear idea of what to expect throughout the claims process. If your attorney can’t reach a fair settlement, they will file a lawsuit and take your case to court.
Your lawyer will help you navigate insurance coverage and ensure that Uber is carrying the coverage required by law.
Were You in an Uber Accident?
If you were in an Uber accident, you may be entitled to compensation. At The Law Offices of Daniel Kim, we offer free consultations and case evaluations. Our law firm works on a contingency fee basis, meaning if we don’t win – you don’t pay.
Click here to contact us today to learn more about whether you could have a case.