If injured in an Uber crash in California, prioritize safety, report the accident, document the scene, and seek medical attention. Understand your legal rights based on insurance policies and driver status. Consider hiring an attorney for complex claims, legal procedures, fair compensation, and to focus on recovery. Free consultations available.
Uber accidents are any crashes involving an Uber vehicle. They’re a type of rideshare accident, and, unfortunately, they’re common in California.
What should you do if you’re injured in a rideshare crash? And if you’re an Uber driver in an accident and not at fault, how do you claim the compensation you deserve?
Our team explores these questions and more below.
What to Do if Your Uber Crashes
In a rideshare accident, you could have an insurance claim, a personal injury claim, or both. The success of these claims could come down to:
- How you handle the immediate aftermath; and
- The quality of the evidence you gather to support your auto accident claim.
We’ll discuss what you should do in the immediate aftermath and, later, how you might prove a compensation claim.
What to Do Immediately After a Rideshare Accident
Immediately after a crash, your priorities shift. At this time, it is all about ensuring that everyone is safe and accounted for.
Check for Life-Threatening Injuries
First, check for fatalities and life-threatening or serious injuries. Do not put yourself in danger, though. If it’s unsafe to approach the other vehicle, move away from the crash scene immediately.
Call 911 for emergency assistance right away.
Report the Accident
In California, you must report a crash involving any injuries, however minor, to law enforcement and the DMV. Although your DMV report can wait a day or two, you should contact the police urgently.
The police report can be used to build your case, but it’s also an offense to fail to report a crash with injuries.
Document the Scene
Next, take pictures or videos of the car crash scene. Capture any property damage, your injuries, and the road conditions.
If there are witnesses, collect their contact information. They could provide testimony to support your case, should such evidence be required.
Seek Medical Attention
Finally, visit your doctor or the ER department. It doesn’t matter if you don’t feel injured or if your injuries seem minor. Some injuries, such as concussions, take time to reveal themselves. And remember, you deserve to be compensated for your injuries, no matter how minor they might seem.
Proving a Rideshare Accident Claim
Rideshare claims are based on common civil negligence principles. Drivers owe other road users a duty of care. Should they breach this duty, then they could be held liable.
This means that you could have a compensation claim if:
- The driver behaved carelessly, negligently, or recklessly
- You were injured in an accident with the driver
- The driver’s actions – or failure to act – caused your injuries (at least in part)
Even if you were partly to blame, you could still have a case if the driver was at fault in any way. But determining whether you have a claim and who exactly to sue is more complicated.
Let’s consider what legal rights you may have, depending on the circumstances of your case.
Understanding Your Legal Rights After an Uber or Lyft Accident
Your rights, including who you can sue, primarily depend on:
- The rideshare company insurance policy;
- Who caused the crash; and
- Whether the driver was working at the time of the crash.
We’ll cover each of these in turn.
Rideshare Company Insurance Policies
Rideshare insurance covers drivers when they’re logged into the rideshare app. It doesn’t matter if the driver has a passenger. If a driver is logged in, then Uber (or Lyft) should cover injuries and property damage.
These commercial insurance policies, though, don’t always protect the rideshare driver. Rideshare drivers require their own, comprehensive coverage to fully protect themselves.
Driver Status at the Time of the Accident
To be clear, the rules here are as follows:
- If the driver is logged in, then they’re technically on duty, and the rideshare insurance should apply. You could possibly sue the driver and the rideshare company.
- If the driver has a passenger, they’re certainly working. The rideshare insurance policy applies so you can file a lawsuit with Uber.
- If the driver is not logged in, then Uber won’t cover the claim. You can, however, claim against the driver’s insurance if they caused the crash.
You Were a Vehicle Passenger
Your ridesharing driver owes you and other passengers a duty of care.
If the driver was working, you could claim against the driver and the rideshare company. If the driver wasn’t working, you could still claim against the driver’s personal auto insurance.
A Third Party Caused the Crash
Often, there are more than two vehicles involved in a crash. In other cases, a car defect, such as faulty brakes, is responsible for the accident. In all such cases, you may have a claim against a third party for your injuries. Our team can explain who you might sue.
Do I Need a Rideshare Accident Attorney?
You might think that you can handle a rideshare accident claim yourself. While that may be true, it’s not necessarily the best way forward. Here’s why you should consider hiring an attorney to manage your insurance and personal injury claims for you.
Complexity of Rideshare Accident Claims
Rideshare accidents are especially complex because it’s not always clear to sue, and the insurance policies involved are also very nuanced. An Uber accident attorney knows exactly how to navigate the claims process and what pitfalls to avoid.
Legal Procedures Can Be Complicated
From filing lawsuits on time to negotiating a settlement, the claims process is complex. If you don’t have experience in handling personal injury claims, you could make easily avoidable mistakes. These mistakes could jeopardize your claim.
Let experienced lawyers handle the matter for you.
You May Be Offered Less Than You Deserve
Insurance companies may attempt to take advantage of your lack of legal representation. If you don’t know what your claim is truly worth, you could settle for far less than you deserve.
Experienced attorneys can value your claim and won’t recommend settling for anything less than you’re entitled to.
You Deserve Time to Recover
Don’t underestimate how important it is to recover from an Uber accident. Any road accident, no matter how minor, takes its toll on you. Right now, you deserve to focus on self-care, healing, and moving forward. Let us navigate the legal process while you look to the future.
Free Consultation with Uber Accident Attorneys in California
Rideshare accidents are inherently complex. If you’re hurt in an Uber or Lyft crash, the May Firm wants to help. Our car accident lawyers will explain your legal rights and help you pursue the damages you deserve. And we don’t charge anything unless we win your case.
So, there’s nothing to lose by calling us to discuss your legal options.
Don’t hesitate to contact our rideshare accident team. For a free case evaluation, call now or contact us online.
