Legal Laws

Being injured in an accident involving an Uber can be challenging. While the claims process in court works similarly to other types of motor vehicle accident cases, Uber accidents pose unique challenges and issues that you’ll need to navigate. However, if the Uber driver was at fault, you have a right to compensation. According to Steven Sweat, an Uber accident attorney in Los Angeles, the claims process for these types of accidents can be complicated by determining who was liable, the involvement of multiple parties, and unique insurance issues. Here are some of the legal intricacies of Uber accidents and the claims process you should know.

What Happens After an Uber Accident?

Following an Uber accident, you’ll need to take specific steps to preserve your rights and aid your physical, emotional, and financial recovery. Right after your accident, check everyone for injuries, including yourself. If you are an Uber passenger, ask the driver for his license, and take a photo of it with your phone. Get the name, insurance information, and contact details of both the Uber driver and the other involved motorist.

If either driver has not called 911, call to summon emergency responders to the scene. If you are physically able, take pictures of the damage to both vehicles, the accident scene, debris in the road, nearby street signs, the weather conditions, the road conditions, and anything else you might think is relevant. Get the names and contact information of any witnesses who saw what happened.

When the police arrive, ask for the officer’s name, specific law enforcement agency, and how you can get a copy of the accident report. Tell the police what happened before, during, and immediately following the collision. Finally, if you were injured, request transportation to the emergency department for immediate medical care.

Taking these immediate action steps after your Uber accident helps by gathering evidence that could support your claim from the scene. Getting immediate medical care might help speed your physical recovery from your injuries while also showing your injuries were caused by the accident and not something else. This can be important in preserving your ability to pursue an Uber accident claim.

Before Filing an Uber Accident Claim With Uber

As soon as possible, you’ll need to report your accident and file a claim with the Uber Claims Department. This is only the initial step in the claims process and will begin the negotiations process. Uber provides substantial coverage for accidents. This means that if you were a passenger in an Uber or were struck by an Uber driver who was at fault, you can file a claim with Uber to access up to $1 million in bodily injury liability coverage for your injuries and losses.

To prepare to file your claim with the Uber Claims Department, make sure you have obtained insurance information for each involved vehicle. Make sure you have the names and contact information for each involved driver, the makes, models, and license plate numbers of each vehicle, and the contact information for all involved parties. Gathering this information can make filing your claim easier.

Insurance Issues

You will need to get trip verification for the Uber driver before you file your claim. This is because of how Uber’s insurance coverage works.

If the Uber driver who hit you was not logged into the Uber app at the time of your accident, Uber’s coverage will not apply. Instead, the driver will be treated like any other motorist instead of an Uber driver. In that situation, you’ll need to file a claim with the driver’s regular auto insurance company instead of with Uber’s liability coverage.

If the Uber driver was logged into the app and was waiting to be hailed for a ride when the accident happened, Uber provides $50,000 in body liability coverage per injured person or up to $100,000 per accident. This also includes $30,000 in property damage. Excess liability coverage of up to $200,000 is also available.

If the Uber driver had accepted a ride and was traveling to pick up the individual, or you were a passenger in the Uber vehicle at the time of your accident, Uber provides up to $1 million in bodily liability insurance coverage. Finally, if you were the Uber passenger, and a different driver was at fault, you can still file a claim with Uber for coverage of up to $1 million in uninsured/underinsured motorist (UM/UIM) coverage if the other motorist’s insurance isn’t enough to cover all of your losses.

Since the Uber driver’s phase with the app matters for Uber accident insurance purposes, you’ll need to get trip verification. You can request trip verification at inquiries.uber.com. Include your name, phone number, email address, Uber driver’s name, the accident date and location, and a description of the accident in your request.

File a Claim With the Uber Claims Department

The James River Insurance Company insures Uber in California. Submit your trip verification information to Uber and report the accident. The James River Insurance Company will contact you after you file your claim with the Uber Claims Department. You can also file a claim with the James River Insurance Company by fax, email, or mail in writing. The company does not accept initial claims by phone. You can report your claim online here. If the James River Insurance Company sends you forms to complete, review them carefully. Retain copies of anything you complete or are sent.

Reporting an Uber Accident as an Uber Driver

Uber drivers who were driving at the time of their accidents should also report their accidents. An Uber driver will also need to complete an Uber incident report. You can find this by clicking on “I was in an accident” under “Trip Issues and Fare Adjustments”. You will need to include information about each person involved in the accident, including their identities. An Uber representative will contact you.

Uber Driver Not at Fault

If you are an Uber driver, and you were not at fault for your accident, you will file a claim with the other motorist’s insurance coverage. If their coverage isn’t enough to pay for your losses and property damage, Uber’s uninsured/underinsured coverage will pay for your losses if you were working at the time. However, if you were not logged into the app and weren’t working at the time of your accident, the other driver’s insurance company will be solely responsible.

The Negotiations Process

Uber and its insurance carrier both aggressively defend against Uber claims. Even if the Uber driver was clearly at fault, negotiating a fair result can be difficult when you’re dealing with these companies. The insurance carrier might try to claim you were at fault instead of the Uber driver when you were the other motorist. You might have trouble getting anyone to return your calls, experience rude interactions, receive an outrageously low settlement offer, or have the company claim your injuries weren’t caused by your accident or aren’t as serious as they are.

Because of the complexities of the negotiation process and the insurance issues involved in an Uber accident, it is best for victims to retain experienced Uber accident attorneys to help with their claims. An attorney will investigate the accident, determine liability, identify all of the potentially liable parties, gather evidence, and represent you during negotiations.

If you try to handle the claims process yourself, you’ll be on uneven footing with Uber and its insurer. These companies have teams of defense lawyers who aggressively defend against Uber accident claims, and it’s best to not go in unprepared.

Settlement or Trial

The negotiation process might drag on for some time as your lawyer negotiates to try to secure fair compensation that covers all of your losses. If Uber and James River Insurance make a reasonable settlement offer, your attorney will communicate that to you. Once you accept a settlement offer, you will sign a settlement agreement and send it to the company. Your attorney will receive a settlement check for you. After taking out their fees, you will receive the balance.

During the negotiation process, your attorney will keep the statute of limitations in mind. In California, you must file a lawsuit within two years of the date of your injury accident or lose your ability to pursue compensation through the courts. If Uber and its insurer are dragging their feet and appear to be trying to run out the clock, your attorney will likely file a lawsuit in court before the statute of limitations expires. Similarly, if Uber refuses to make a fair settlement offer, filing a lawsuit will likely be necessary.

Filing a lawsuit doesn’t necessarily mean you will have to go to trial, but your lawyer should be thoroughly prepared just in case your case isn’t resolved before trial. Most cases will be resolved in a settlement before trial. However, Uber might wait until the last minute to extend an offer. It’s also possible that you will need to try your case before a jury to try to get the compensation you deserve.

Uber accident claims are notoriously more difficult than claims involving other types of motor vehicle accidents. By taking the right steps after your accident and working with an experienced attorney, you might increase the chances of recovering compensation for your losses.