How to Sue Uber for Accident

Millions of Uber trips are taken per day across the US. From its user-friendly app to convenient accessibility to affordable transportation, this rideshare platform has undoubtedly changed the way we commute. However, expertise is not a requirement when driving for the rideshare company. Therefore, accidents are just as likely to occur with an Uber driver as with any other driver on the roadways. You may be entitled to compensation if you have been injured in a crash with an Uber vehicle. Here is a comprehensive guide that can help you understand how to sue Uber for accident compensation.

Step 1: Call 911

The first step you need to take after getting injured in an Uber accident is to call 911. When paramedics arrive at the scene, seek medical attention to ensure your injuries are taken care of. If you don’t get medical care, the insurance company will assume you didn’t get hurt in the Uber accident, which will negatively affect your claim.

When police officers arrive, they will control the accident scene and ensure everyone’s safety. They will also talk to witnesses and collect evidence that will help them write a police report. 

Before leaving the accident scene, make sure you ask the officer how you can obtain that police report once it becomes available. Typically, all involved parties are given a receipt or case number that is provided to the police department in exchange for the report. 

Step 2: Gather Evidence

Although law enforcement officers can collect evidence, it may not be enough to help you sue Uber for accident compensation. To get an upper hand, gather any evidence that you can at the accident scene. Write down the names and contact information of the Uber driver and any present witnesses.

Don’t forget to take photos, as they can help prove the facts of the case. Pictures of the following will be helpful:

• Your injuries
• Your car damage
• Damage to the Uber vehicle
• Location of the accident
• Street signs and road conditions
• Tire skid marks

Make sure you take photos and videos of the accident scene as soon as possible since it may be cleaned at any time.

Step 3: Request Trip Verification

Uber accidents are different from other car accidents because the driver is working for a major corporation. As a result, the company may be responsible for your damages and injuries.

But the amount of compensation that you will be eligible for comes down to whether the driver was logged into the Uber app or not at the time of the accident. Here are the factors that can impact your settlement and recovery.

Uber Driver Not Logged into the App

If the driver wasn’t logged into the Uber app at the time of the accident, Uber’s liability coverage will not be utilized, as the driver will be deemed “off-the-clock.” This means you will have to make a claim with the driver, and his or her insurance coverage will be applied. 

Uber Driver Logged into the App and Searching for Passengers

In this case, Uber’s insurance applies if the driver’s policy can’t cover all of the damages caused by the accident. This is because the driver was actively using the app for work at that moment. 

Therefore, the driver’s insurance will be applied until it becomes exhausted. Then the remaining balance will be covered by Uber, which holds a policy limit of up to $1 million in coverage. 

During Uber trips and en route to pick up riders:

Here, Uber’s insurance policy applies, because the app is actively in use. The company will be responsible for all total losses. However, that does not mean the victim will automatically receive $1 million in damages. The company just holds a policy limit for that amount. An experienced Uber accident lawyer can clarify these details and provide more insight. 

Step 4: Contact an Experienced Uber Accident Attorney

Uber accidents can be challenging to settle because multiple parties are involved–the Uber driver, other drivers, the ridesharing company, and passengers (if they were picked up). This is why you should consider consulting an experienced Uber accident attorney. 

The lawyer can help you understand how to sue the Uber driver or the ridesharing company. A personal injury attorney can also help you during negotiations with insurance adjusters who will attempt to find ways to lower your claim. Also, your personal injury lawyer will help you gather relevant evidence for your accident case and present it to the courts in a compelling way.

When seeking legal representation, timing is important. Consult with an attorney before you report your case to Uber. This will protect you from making the wrong statement or prematurely accepting an unfair settlement offer.

Step 5: Report the Case to Uber

After getting an Uber accident attorney, report your accident to Uber. Log in to the Uber app and select “Trip Issues,” where you can describe your accident in detail. An Uber team member will reach out to discuss the collision by phone.

The team member will be recording and taking notes of everything you say. Be honest and try not to minimize your accident in any way. Uber may try to use the information you give them against you later in your claim.

This is why having an Uber accident lawyer to advise you about how to talk to the Uber team member is so valuable.

Step 6: File an Uber Injury Lawsuit

The litigation process begins when you file the claim and serve it to Uber. The claim must be filed within two years from the date of the accident in order to meet California’s statute of limitations. If the deadline is missed, you will no longer be able to seek legal action and will lose out on recovering your owed compensation. Additionally, it’s best to file as soon as possible so you do not risk losing evidence.

After the personal injury claim is filed, the defendants, the Uber driver and/or Uber, have 30 days to respond. If they fail to respond within that time, the victim will win the case by default. 

Step 7: The Discovery Process

This is when you and Uber gather information regarding your accident and the damages. You may need to:

• Release your medical records
• Provide photos and videos from the scene of the accident
• Present all information regarding incurred damages 
• Participate in deposition and give a sworn testimony while under oath

This is also the phase where your Uber accident lawyer will be able to obtain the same information from the defendant and utilize it to make your case stronger.

Step 8: Law and Motion Filings

During or after the discovery process, your Uber injury lawsuit may involve filing motions with the court. Your lawyer will send the required documents to the court. If there are any legal issues, they will resolve them before your case goes to trial. Uber can also file their motions. This step is crucial, as it informs the courts of why you are filing the suit and what you are requesting in compensation. 

If this is done incorrectly and the paperwork is misfiled or the deadline is missed, your case could be dismissed or delayed. Therefore, ensure your legal team is knowledgeable and experienced in the field of personal injury law as it pertains to auto accidents involving rideshares.

Step 9: The Pre-Trial Settlement Phase

While the injury lawsuit may have started, most judges in California will want you to consider an out-of-court settlement first before you start the trial. Your Uber accident lawyer will protect your rights to ensure you reach a suitable settlement offer. If you accept the offer made before going to trial, the case will conclude. However, if a settlement cannot be made, then your lawyer will push for a trial, where a judge and jury will decide the outcome.

Step 10: Trial

Your case will go to trial if an acceptable settlement cannot be reached. The process will take some time to reach a resolution and will require testimonies from witnesses who saw the accident, as well as expert witnesses who are professionals in their field who can confirm if the statements made are legitimate or not. For example, doctors and accident reconstruction experts can be asked to participate in the trial.

An experienced attorney will only recommend taking a case to court if you have sufficient evidence to prove your case. After hearing both sides, the judge will determine the amount you get for your injuries and damages.

Learn More About How to Sue Uber for Accident Compensation

Don’t know how to sue Uber for accident compensation? The Law Office of Daniel Kim can guide you through the process and help you get the maximum compensation you deserve. Contact us to schedule a free consultation.