I Was a Passenger in Uber Accident: What To Do?
What You Should Know About Uber Accidents?
Make sure to understand the driver’s liability, potential injuries related to the Uber accident, the claims process for Uber, and what accurate value of your damages. By being aware of these key details, you can better navigate the aftermath of an Uber accident and ensure that you are treated fairly. Here’s a detailed explanation of each factor and why you need to consider it:
Liability: In most cases, your rideshare customer will not be personally liable for any damages from the Uber car accident. However, you will be held responsible unless extreme and unusual circumstances apply where the passenger can be at fault. If another driver caused the Uber accident, that driver will be held responsible for any losses resulting from the accident. In some cases, both drivers may be found partially at fault for the accident, in which each driver’s insurance company would be responsible for covering their portion of the damages.
Hidden Soft-Tissue Injuries: Accidents, especially rear-end collisions, can lead to seemingly minor yet significant injuries, like whiplash. It’s essential to prioritize your well-being. Even if you feel fine initially, seek medical attention immediately. Moreover, some injuries may not show symptoms early but could worsen if left untreated. By getting prompt medical care and having a medical report as evidence, you can also help ensure you receive complete compensation for any damages resulting from the accident.
Filing a Claim: If the accident was the fault of another driver, you should file a third-party property damage and personal injury claim with their insurance company.
Expect Fair Compensation: Uber offers up to $1 million in insurance coverage, so you should expect fair compensation for any injuries or damages you or the Uber passenger has suffered.
What to Do After an Uber Car Accident?
If you’ve been in an Uber or Lyft accident, there are essential steps you can follow to ensure well-being, such as:
Step 1: Ensure Safety
First of all, you should prioritize safety measures. Check if there are any injuries and seek medical attention if necessary. Then, move your vehicle to a safe location and switch on your hazard lights to warn passing cars.
In addition, be sure to exchange insurance information with the other driver involved in the accident. If your vehicle is not drivable, contact a tow truck service to move it to a repair shop. Remember never to leave your vehicle in the middle of the road, as it may cause further accidents.
Step 2: Contact Local Authorities
If no injuries require immediate medical attention, contact the local police department’s non-emergency number. They will dispatch an officer to investigate and create an official police report. The police report is then used as evidence to determine fault and accident-related damages. The following information is needed for the police report:
- Date, time, and location of the incident
- License plate number, make, and model of the cars involved
- Weather conditions at the time of the accident
- Any relevant road signage
- Description of the property involved and details of any injuries or damage to vehicles
- Names, phone numbers, and residential addresses of all parties involved
- Insurance information for all parties involved
- Any visual evidence, such as photographs or videos of the accident
- A diagram or drawing of the accident
- Statements from drivers, passengers, and witnesses
- Any citations or law violations related to the accident
- Official conclusions regarding the cause of the accident
Step 3: Gather Driver Information
Gather as much information as possible from the other driver. This can help with the insurance and legal processes that follow. You should ask the other driver for their name, contact information, and license number. It’s also essential to get their vehicle’s license plate number and insurance information, including the name of their insurance company and policy number. Be sure to write down all of this information as soon as possible after the accident while it’s still fresh in your mind.
Step 4: Document Additional Parties
When documenting additional parties involved in an accident, it’s important to gather their insurance information. This information will be necessary when filing a claim with your own insurance company or when working with the other parties’ insurance companies.
Step 5: Identify Witnesses
Try to search for witnesses who may have seen what happened. You can contact them later for their testimony by obtaining their names and contact information. This can be especially valuable if there are any discrepancies in the accounts of those involved in the accident. Witnesses often provide an unbiased and objective account of what they saw, which is crucial in determining fault and liability.
Step 6: Capture Visual Evidence
Take photographs of the accident scene, which may include:
- Vehicles involved
- Traffic signals and signs
- Skid marks
- Accident debris
- Any injuries sustained
Step 7: Determine Your Uber App Status
Find out your status on the rideshare app during the accident. Check the following:
- Was the app turned on or off?
- Were you waiting for a ride request or actively picking up or carrying riders?
Understanding the app status is crucial, as Uber and Lyft’s insurance coverage varies depending on your activity on the platform.
Step 8: Notify Your Auto Insurance Company
Even if Uber’s insurance covers you, you must notify your auto insurance company. This is especially important if the accident involves another driver or property damage. Even if the accident is minor and you do not plan to file a claim, it is still a good idea to inform your insurance company to ensure you are protected if the other driver files a claim. When notifying your insurance company, be sure to provide them with as much information about the accident as possible, including the date, time, and location of the crash, the names and relevant information of any other drivers involved, police reports, and witness statements. Your insurance company will then help guide you through the claims process and work with you to resolve any issues.
Step 9: File a Personal Injury Claim
In some cases, Uber does not provide insurance coverage for accidents where the other driver is at fault. In such situations, you may need to file a personal injury claim to secure compensation for injuries or damages sustained.
To support your claim, gather as much evidence as possible, including photos, witness statements, and medical records. In addition, working with an expert personal injury lawyer can also help safeguard your rights, and you receive the compensation you deserve.
Once you reach the maximum medical improvement stage (MMI), your lawyer will calculate your claim’s value based on your losses, injury severity, and other factors. After investigating your accident and determining all liable parties and their insurance coverage, your Uber accident attorney will file a claim against them. If the initial settlement offer from the at-fault party’s insurance provider is far lower than the value of the claim, your lawyer will work to negotiate an offer that provides adequate compensation for the financial losses and impacts of your injury.
In case the insurance company refuses to pay the claim, your attorney can take the necessary steps to file a personal injury lawsuit. This involves initiating a legal claim in the court of law where a judge will determine if the at-fault driver’s insurer should provide you with compensation and, if yes, the amount of compensation you are entitled to.
Remember that each state has a different statute of limitations, which is the deadline by which you can file the claim. For New York, the statute of limitations for bringing forward a personal injury claim is three years from the accident date. Not filing a claim within this time limit results in losing the ability to seek compensation for your losses.
How to Report a Rideshare Accident?
Both Uber and Lyft have established protocols for reporting accidents on their platforms.
On the other hand, if the accident occurred due to a Lyft driver’s fault, you can report the accident on their Help page by clicking the report accident option and entering your phone number.
Remember, reporting an accident to Uber or Lyft is similar to talking to an insurance adjuster after an accident. You should be careful about what you say and report only the basic facts about the accident, such as:
- Where and when it happened
- The type of accident
- The vehicles involved
- The identity of the witnesses
Avoid providing a detailed description of your injuries at this stage. You can elaborate on the accident and your injuries later when you send a demand letter with your car accident attorney’s guidance.
Do Uber and Lyft Have Insurance Policies for Drivers?
Yes, both Uber and Lyft provide insurance coverage for their drivers, but it is subject to certain conditions. The coverage varies depending on the circumstances of the accident.
When the driver is offline, Uber and Lyft do not provide any coverage. In this scenario, the driver’s personal auto insurance applies.
If a driver is logged into the app and is available for ride requests but has not yet received a ride request, Uber/Lyft provides liability insurance for covered accidents if the driver’s personal insurance doesn’t apply. The coverage for this scenario includes a maximum of $50,000 for physical injury per person, $100,000 for physical injury per auto accident, and $25,000 in property damage liability.
Once a driver has accepted a ride and is picking up or transporting riders, Uber/Lyft provides third-party liability insurance for covered accidents of up to $1 million. In addition, limited coverage for damage to the driver’s car and uninsured motorists’ coverage (UIM) is available. The coverage for UIM varies by state.
Can You Sue Uber or Lyft?
You can sue/file a lawsuit against Uber or Lyft in the event of an insurance claim denial after a rideshare accident. However, it can be complicated since rideshare drivers are often independent contractors. Thus, you can’t hold the rideshare companies liable.
You can usually rely on the driver’s and Uber or Lyft’s insurance to seek compensation after an accident. If your accident claim is denied, you can consider a lawsuit, but the rideshare company terms may require arbitration for dispute resolution.
What Are the Damages in an Uber Accident?
You can claim damages resulting from an Uber or Lyft accident, such as:
Economic or financial damages are intended to compensate for your expenses, including:
- Medical bills
- Property damage
- Lost wages
Unlike economic damages, non-economic damages can compensate for the emotional and physical pain you suffered from the rideshare accident. This may include compensation for suffering and trauma due to physical injuries, such as:
- Cuts and lacerations
- Broken bones
- Spinal cord injuries
- Traumatic brain injuries
In certain instances, individuals may consider pursuing punitive damages. These particular damages serve a unique purpose. They’re not only meant to compensate you for your losses. Instead, they penalize the party responsible for their reckless or negligent actions. However, punitive damages are relatively rare in rideshare accident claims.
How Much Are Uber Accident Settlement Amounts?
When you’re involved in an incident with an Uber vehicle, the compensation amount depends on a few factors, such as:
- The severity of your injuries
- The circumstances surrounding the collision
- The driver’s liability
However, because Uber provides insurance coverage, you may receive higher compensation than you would for a similar incident involving another type of motor vehicle accident. In case of an accident caused by an Uber driver, the company’s insurance covers up to $1 million for liability per car crash, as well as $50,000 for each individual with bodily injury.
This insurance can be utilized to provide compensation to passengers for medical costs, lost income, and physical and emotional distress that may have resulted from the accident. Moreover, Uber awards up to $25,000 in property damage for drivers involved in an accident.
If the other driver is at fault and does not have sufficient insurance coverage, Uber’s insurance policy also provides uninsured/underinsured motorist coverage. This coverage can compensate passengers for damages and injuries exceeding the other driver’s insurance policy limits.
It’s worth noting that Uber’s insurance policy only provides coverage when the driver is actively using the Uber app and transporting passengers. If the driver is not using the app or is not transporting passengers at the time of the accident, the driver’s personal insurance policy will cover the damages or injuries resulting from the accident.
Get Help From Uptown Injury New York Uber Lawyers
Getting into an Uber accident, even a minor one, can be a frightening and stressful experience, especially if you are injured. Consult an experienced rideshare accident lawyer at Uptown Injury Law, PLLC, to help you file a personal injury claim for your injuries. With our expertise, you can develop a winning strategy and fight for fair compensation.
For over 15 years, our experienced personal injury lawyers have held a reputation for excellence in handling car accident cases. For peace of mind, look at our trust index, which has hundreds of 5-star reviews. Furthermore, our lawyers work on a contingency fee basis, which means you pay us nothing unless we win your Uber accident case.
Should an Uber or Lyft Driver Have Personal Insurance?
If you are an Uber or Lyft driver, you should have personal insurance other than the insurance coverage provided by the rideshare companies. This is because the insurance coverage provided by Uber and Lyft may not be sufficient in case of an accident or other incidents. Thus, your personal insurance may serve as additional insurance coverage.
What Is the Minimum Insurance Required for Uber Drivers?
Uber typically requires its drivers to carry minimum insurance coverage. Generally, Uber requires you, as a driver, to carry liability insurance that provides at least $50,000 of coverage per person for physical injury, $100,000 of coverage as total liability for the accident, and $25,000 per accident for property damage.
Can You File a Personal Injury Case After an Uber Accident?
Yes, if you’ve been injured in an Uber accident and believe the other driver was responsible, you can file a claim to recover expenses for your injuries and other damages. It’s essential to consult with an auto accident attorney to assess your personal injury lawsuit before you file it.
Why Is A Police Report Needed in an Uber Accident Claim?
A police report is crucial in documenting the details of the accident and determining fault. It provides an official incident record, which can be valuable when filing an accident claim with the insurance companies involved.
What Is Contingent Liability Coverage in Uber Accidents?
Contingent liability coverage applies if the Uber driver’s personal insurance or Uber’s insurance doesn’t fully cover the damages. It serves as additional protection in an accident involving a rideshare vehicle.
Does Uber provide Personal Injury Protection (PIP)?
Uber’s insurance policies may include personal injury protection (PIP), which can cover medical expenses and other costs resulting from the accident. However, this coverage is not guaranteed and may vary depending on your location. It’s always a good idea to check with your insurer to understand the extent of PIP coverage available for your specific case.
How Can You File a Claim With Uber’s Insurance Company?
To make an Uber accident claim with Uber’s insurance, you’ll usually need to report the accident through their designated channels. Visit Uber’s safety page for instructions on reporting the accident and accessing their insurance coverage.
What if Your Uber Accident Claim Is Denied?
You can consider legal action if your Uber car accident claim is denied. However, remember that the terms of Uber and Lyft insurance companies may require arbitration for dispute resolution. Thus, consult with an accident attorney to explore your options.