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Are My Rights Covered After an Uber Accident?

— September 22, 2021

Due to the multiple insurance providers, the situation will dictate who pays out.

Did you know that most Uber-related accidents occur in areas with low-speed restrictions? Many of these crashes also occur at night since people typically use the service after dark. But have you been a victim of an Uber accident?

If so, then you need to protect yourself in a very complex legal situation. Read on as we discuss what to do if you are in an Uber accident.

Who is to Blame?

If you are a passenger in an Uber accident then unless you were acting reckless inside the vehicle, the blame will not be your fault. Instead, the blame will fall on the driver themselves or those that caused the collision with them.

Unfortunately, part of your statement and testimony will be used to decide who is to blame. If your driver was reckless, then their insurance company may take the responsibility. It is possible that this may increase the amount you are paid.

If someone hits your Uber driver’s car, then you may face a long legal battle. The other party may try to say your driver was partially to blame, and that makes the settlement more complicated.

What to Do After the Accident

Although it can be hard to take charge of the situation after an accident, there are a number of procedures you should follow, or hopefully did follow. These are designed to provide maximum safety and back up the truthful version of events.

The first step is to make sure everyone is safe. If anyone, including yourself, requires urgent medical assistance, then call an ambulance. You should also call the police to document the accident and get the vital police report.

If you are able, take pictures of the scene. Try to show the location, roads, surroundings, and any corners or crossroads. You should also take a screenshot of any Uber receipts.

Before you leave, ensure you get the information of everyone involved in the accident. This could be the details of your Uber driver and the details of the people they had a collision with. You may also want to write down the registration, make, and model of any vehicles involved.

What to Avoid After the Accident

Firstly, never leave the scene. This could impact your settlement in a number of ways. It may show you did not suffer that many injuries or that you were attempting to shirk responsibility.

If it is your vehicle involved in the accident, then do not attempt to move it. You should turn off the engine. However, the police will want it left exactly where it was for the report and will instruct you when to move.

Can I Sue the Uber Driver?

Two cars in an accident in an intersection; image by Shuets Udono, via Flickr, CC BY-SA 2.0, no changes.
Two cars in an accident in an intersection; image by Shuets Udono, via Flickr, CC BY-SA 2.0, no changes.

If you believe the Uber driver was negligent, then you can take legal action against them. However, it is not as straightforward as in many cases. You should get professional legal advice.

The reason for this is that Uber considers its drivers to be contractors. This gives Uber a right to deny responsibility in some accidents. As drivers also carry their own personal insurance, which does not include accidents that occur during employment, many of the lines begin to blur.

For this, you could end up dealing with multiple insurance providers. Each of them will try to deny responsibility. However, Uber themselves have the legal power to get the best lawyers that are very good at making sure they do not pay.

Who Will Pay Out?

Due to the multiple insurance providers, the situation will dictate who pays out. If you are hit by an Uber driver who is not carrying a passenger, then their own insurance will cover the settlement. However, if they are available for hire but without a passenger, then it will also be their own insurance but with added Uber legal liability coverage.

If the driver is going to pick up a passenger or carrying one, then Uber has its own insurance, which will cover the crash. In a scenario where someone else is at fault while you are in an Uber, the at-fault driver’s insurance, Uber’s coverage, and your own auto insurance could all be involved.

How Long Do Uber Settlements Take?

Unfortunately, Uber settlements take longer than other car accident settlements. This is because of the aforementioned situation regarding drivers as contractors.

In fact, the more people that are involved in the accident, the more complex and lengthy the process becomes. If these parties are not cooperative, you can expect the process to run on even longer.

Finally, the severity of your injuries can impact the settlement. The worse your injuries are, the more settlement is required. That means more proof is needed, and the other parties will work harder to disprove how badly injured you actually are.

Why You Should Not Accept Immediate Settlements

Trying to get you to accept an immediate settlement is a tactic that insurance adjusters use to reduce a payout. If you accept it, it will be almost impossible to get any future compensation. As they are offered early in proceedings, you do not have time to see how bad your injuries have been.

Who to Speak with After an Uber Accident

Due to the complexity of the situation, after an Uber accident, you need a legal representative. If not, the well-trained lawyers of the at-fault person or Uber’s expensive legal team can unfairly leave you with nothing. Make sure you choose a specialized lawyer with winning experience in Uber and Lyft lawsuits.

Your first stop should be Car Accident Lawyer Daniel Kim. With an experienced team of Uber accident attorneys and rideshare accident lawyers, we have recovered millions for our clients. Check out our reviews to see our proven track record in achieving the best results for each lawsuit we take on. Contact us to arrange a free consultation, let us get you the settlement you deserve.

LegalReader thanks our friend Daniel Kim for permission to republish this piece. The original is found here.

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