The increasing popularity of car-driving services such as Uber has completely changed transportation.
Now to get from A to B is literally but a few taps on your phone.
This has recently translated into more car accidents caused by Uber drivers involving passengers, pedestrians, and other motorists.
An accident that involves an Uber creates special issues an individual faces if he needs to receive fair compensation and who contemplates filing a personal injury claim.
Your best course of action will depend on some specific distinctions both in how the accident happened and what happens afterward.
Key Differences in Uber Car Accidents
There are, however, specific factors surrounding an accident that involves an Uber driver and distinguishes the same from all other conventional car accidents.
For one, Uber drivers are independent contractors and not employees and because of that Uber can avoid some legal liabilities in certain cases.
Another important reason these accidents are so different from others is that Uber has a multi-tiered insurance policy.
Depending on what a driver was doing at the time an accident occurred is how much coverage is available. The breakdown is as follows:
Period 1: The Uber application is on, but a passenger is not assigned to the driver.
The limited liability insurance applied by Uber typically covers $50,000 for bodily injury, plus $25,000 for property damage, a backup to one’s own insurance when damages exceed what that covers.
Period 2: A rider has been matched but hasn’t gotten in yet.
In this case, Uber increases its insurance, for example, liability as high as $1 million for bodily injuries and property damages.
Period 3: A passenger is in the car and on their way to the destination.
During this period, Uber’s insurance will cover you.
Coverage in this period could also expand to collision and comprehensive damages to the driver if they have coverage bought through Uber for their driver.
Knowing exactly which insurance applies and protects your rights is important.
Understanding Liability in Uber Accidents
In many instances, liability in Uber accidents can be identified from a variety of different parties.
This can be attributed to fault with the driver, another motorist, and even Uber themselves.
Usually, in cases where the driver of an Uber is using his app at the time of the accident, such cases fall under some sort of insurance through Uber.
When he has his app turned off, the primary insurance is that of the driver himself. So it’s important to know whether the Uber driver was logged into the app, and at what stage of the ride.
It will directly impact what insurance applies, and consequently your potential damages.
What to Do After an Uber Car Accident
After an accident in an Uber car, there are several things to do in order to protect your safety and legal rights
Firstly, check that everyone is safe. If anyone was hurt, immediately call emergency services.
Move into safety if possible, especially in a high-traffic area.
Collect all possible evidence from the scene of the accident. Document the scene using photos, damage to vehicles, plates, and injury, if any.
Get statements and contact information for witnesses.
Document in detail information through the rideshare app including the driver’s name, license plate number, time, and details of your trip. Taking screenshots of your receipt of the ride can be quite helpful.
Let Uber know, and let the police know too. Uber does have an in-app way to report an accident, which will be necessary for starting any sort of claims process.
Likewise, filing a police report is important because it creates an official record of what happened, which will support your claim.
Even if the injuries appear minor see a doctor. Some of these injuries may not immediately show symptoms but could have serious long-lasting effects if not treated.
Filing a Personal Injury Claim
Filing a personal injury claim after an Uber accident involves several steps. Knowing how it works will prepare you for some of the pitfalls and assist in getting maximum compensation.
An important step is finding an attorney who deals with personal injury and has dealt with cases related to ride-sharing accidents.
They can address complications in insurance claims, liabilities, and assertion of your rights.
They will also communicate with the insurance companies to make sure you are not coerced into accepting a low settlement.
To initiate a claim, start by notifying Uber’s Insurance Company. You’ll need to report the incident time and location but also during what phase of the ride.
Keep a record of all the medical bills, lost wages, as well as any other expenses related to your injury.
Also, keep a record of medical damages such as pain and suffering. Any evidence like medical records, receipts, and journal entries about how the injuries have affected your life can help with your claim.
The insurers of Uber will seek to make the lowest payout or even deny liability. This is where legal representation is necessary in fighting off such tactics and negotiating just compensation.
To make sure you have a favorable personal injury settlement, it’s important to consult an experienced attorney.
Common Injuries in Uber Car Accidents
These accidents can result in a myriad of different types of injuries to the passengers or drivers but are not limited to:
Whiplash: Whiplash is caused when the vehicle has come to a sudden impact or stop and may cause ongoing pain and diminished mobility.
Fractured bones, especially in arms, legs, ribs, and wrists while passengers are bracing for impact.
Head trauma and concussions are extremely common, and even a mild concussion is able to encompass symptoms such as memory loss, dizziness, and headaches.
These are injuries that often result in rather expensive medical bills, and lost income, and can also cause emotional distress.
Knowing the risks and having proper guidance on legal aspects, can go a long way in protecting your rights and securing resources that may be required for recovery.
Conclusion
Whether a passenger, pedestrian, or another driver, you need to know your rights and how you can address liability, insurance, and claim concerns.
A proficient car accident attorney can help you handle complex claims to get the right settlement.
With professional guidance, you can focus on recovery while knowing that your rights are protected.
