What to Do If You Were Injured in an Uber Accident
If you were injured in an Uber accident, you may be wondering what to do next. Here are some practical steps to follow to preserve your legal rights:
- Take photos of the accident and all vehicles involved.
- Call the police and obtain a police report.
- Record the ID and contact information of all persons involved (including witnesses).
- Record the insurance information of all vehicles involved.
- Immediately seek treatment for all injuries.
- Keep accurate records of the event and all medical treatment received.
- Contact a top personal injury lawyer without delay (*before you contact an insurance company).
Will My Injuries Be Covered by Insurance?
If you were injured as a ride-share passenger, your injuries will likely be covered by insurance. The question of whose insurance policy applies depends on who was at fault.
1) If the Uber Driver Caused the Accident
California law requires ride-sharing companies like Uber to carry $1 million in insurance for personal injury and property damage caused by their drivers. This insurance applies from the moment an Uber driver accepts your request to book a ride until the ride is complete. The law further states that the ride-share’s insurance company shall be the primary insurance company, meaning that Uber can be sued independently of the driver’s personal insurance company in most situations.
Expect both Uber and the driver’s insurance company to deny your claims by any means necessary. As such, it is essential to contact an experienced personal injury lawyer without delay if you have been injured in an Uber accident.
2) If the Uber Driver Was Not at Fault
In such case, you can bring a claim against the driver of the other vehicle. If the driver of the other vehicle is uninsured or underinsured, then Uber has a $1 million dollar uninsured/underinsured motorist insurance policy (UIM).
In short, Uber is required by law to have $1 million in insurance coverage to pay passengers of Uber vehicles who were injured in accidents caused by another driver. This means that even if the other driver fled the scene or lacked insurance, Uber is still obligated to cover your damages.
What Damages May I Recover?
If you were injured as a passenger in an Uber vehicle, your recovery is not limited to your current and future medical care (including procedures and surgeries). You may also be able to recover for medication, medical devices, lost wages and income potential, emotional distress, lost enjoyment of life and pain and suffering.
If someone has died, the victim’s family may be eligible to file a wrongful death claim. Such claims may include loss of financial support, medical expenses related to the accident, lost companionship, funeral and burial costs, pain and suffering, and other intangible losses like guidance and care.
Do I Need to Hire A Lawyer?
Yes. Uber and insurance companies will fight tooth and nail to deny your claims, minimize coverage, and deny the extent of your injuries. Just because Uber and other ride-share companies are required to maintain $1 million in insurance does not mean that you will receive the maximum amount to which you’re entitled. The mission of every insurance company is to deny or limit your claim as much as possible. Insurance companies will hire doctors and other experts to testify in court that your injuries are not as severe as you say. From our experience, insurance companies will not offer you anywhere near the full value of your claim unless you are represented by a proven personal injury lawyer. This is why it’s necessary to hire an experienced personal injury lawyer without delay if you wish to achieve a fair result.
Sources
California Legislative Information: Public Utilities Code, Article 7 (sections 5430-5433)
California Legislative Information: Public Utilities Code section 5433