Experiencing an accident while riding in an Uber can be a distressing and confusing situation. With millions of rides completed daily, Uber has become an integral part of modern transportation, but accidents can still occur. Knowing what to do after an Uber accident is crucial for safeguarding your wellbeing and navigating the aftermath effectively.
At Kherkher Garcia, our rideshare accident attorneys know very well how confusing and complex Uber accident cases can be. We have helped numerous accident victims sort through their situation and pursue recovery. Our knowledge and experience in rideshare-related cases ensures the best outcome possible.
Below, our team offers advice on what to do if you are in an accident involving an Uber or Lyft driver or vehicle.
What to Do After an Uber Accident
Being involved in an Uber accident can be a traumatic experience, but understanding the necessary steps to take after the incident can significantly ease the process. Here are our recommendations on what steps you can take to preserve your legal rights and wellbeing.
Assess Your Safety and Seek Medical Attention
The first priority after any accident is safety. Check yourself and others for injuries. If there are serious injuries, immediately call 911 for emergency medical assistance. Even if you feel fine initially, some injuries might not manifest symptoms until later. It is advisable to seek medical evaluation to ensure there are no hidden injuries.
Stay at the Scene and Report the Accident
Remain at the accident scene and ensure everyone involved stays put, including the Uber driver. Contact law enforcement to report the accident. Police involvement can be crucial in documenting the incident and creating an official report, which may be necessary for insurance claims or legal proceedings.
Document the Accident
Gather information about the accident. Take photos or videos of the scene, including the vehicles’ positions, damages, license plates, and any visible injuries. Collect contact details and insurance information from the Uber driver and any other parties involved. Additionally, note down the Uber driver’s name, vehicle details, and the trip details from the app.
Notify Uber
Using the Uber app, report the accident through the app’s help section or contact Uber support. Provide detailed information about the accident and follow any instructions they provide. Uber has insurance coverage for accidents that occur during ridesharing trips, and informing them promptly is essential for initiating the claims process.
Seek Legal Advice
Consider consulting an attorney who specializes in personal injury or accidents involving rideshare services like Uber. They can guide you through the legal aspects, advise you on your rights, and help navigate the complexities of insurance claims or potential lawsuits if necessary.
Contact Your Insurance Company
Inform your insurance company about the accident, even if you were a passenger in the Uber. Your insurance might have coverage that could be relevant, especially in cases where the Uber driver’s insurance or Uber’s insurance isn’t sufficient to cover damages or injuries.
Preserve Evidence and Document Everything
Keep records of all communications, including emails, messages, and phone calls related to the accident. Document any medical treatments received and their associated costs. This documentation will be essential for insurance claims and legal proceedings.
Understand Uber’s Insurance Coverage
Uber provides insurance coverage for accidents that occur during trips. The coverage depends on the driver’s status at the time of the accident, such as:
- Driver Offline: If the driver wasn’t logged into the app when the accident occurred, Uber’s insurance won’t apply. The driver’s personal insurance would be the primary coverage.
- Driver Available but No Passenger: If the driver was logged into the app but hadn’t accepted a ride request, Uber’s limited liability coverage may apply.
- Driver Enroute or with a Passenger: Uber’s larger liability coverage and contingent collision and comprehensive coverage for the driver’s vehicle apply in these situations.
Consider Seeking Compensation
If you have sustained injuries or suffered losses due to the accident, you may be entitled to compensation. Seek legal advice to understand your rights and explore options for compensation, including medical expenses, lost wages, pain and suffering, and property damages.
Remain Calm and Patient
Dealing with the aftermath of an Uber accident can be overwhelming. It is crucial to stay calm and patient throughout the process. Insurance claims and legal procedures might take time, so patience is key while seeking resolution.
Overview of the Uber Accident Claim Process
An Uber accident claim falls under the umbrella of a personal injury lawsuit, or claim. This type of claim typically arises when an individual suffers harm or injury due to the negligence or intentional actions of another party, such as an Uber driver, another driver, etc. These lawsuits seek compensation injuries and losses related to the accident.
The Uber accident claim process can be complex and varies depending on the circumstances. However, the process generally involves several key steps, including:
Consultation with an Attorney
Seeking legal representation is often the first step. A consultation with an Uber accident attorney helps assess the viability of your case. The attorney will review the details, evidence, and potential legal options available to pursue compensation.
Investigation and Evidence Collection
Upon accepting your case, the attorney initiates an investigation. This involves gathering evidence such as accident reports, witness statements, medical records, photographs, and any other relevant documentation supporting your claim. This evidence establishes the basis for the lawsuit.
Filing the Complaint
The attorney drafts and files a formal legal complaint (lawsuit) against the defendant, outlining the allegations, facts, and legal basis for the claim. The defendant receives a copy of the complaint, officially starting the lawsuit.
Serving the Defendant
The defendant must be officially notified of the lawsuit. A process server delivers the legal documents, including the complaint and a summons, informing the defendant of their legal obligations to respond within a specified timeframe.
Discovery Phase
Both parties engage in the discovery process, exchanging information and evidence relevant to the case. This phase includes:
- Interrogatories: Written questions that the parties must answer under oath.
- Depositions: Sworn testimony given by witnesses, parties, or experts, recorded by a court reporter.
- Document Requests: Requests for relevant documents, records, or evidence related to the case.
Pre-Trial Motions and Settlement Negotiations
Before the trial, both parties may file motions to resolve legal issues or seek dismissal of certain claims. Additionally, settlement negotiations may occur, where the parties attempt to reach a resolution without going to trial. Settlements often involve negotiation and may be facilitated directly between attorneys, or through mediation or arbitration.
Trial Preparation
If a settlement cannot be reached, the case proceeds to trial. Both sides prepare their arguments, gather and organize evidence, and strategize for trial. This includes preparing witnesses and experts, creating exhibits, and finalizing legal arguments.
Trial
The trial involves presenting the case before a judge and/or jury. Each side presents evidence, examines witnesses, and makes legal arguments to support their case. The judge or jury evaluates the evidence presented and reaches a verdict, determining whether the defendant is liable and, if so, the amount of damages to be awarded.
Post-Trial Motions and Appeals
After the trial, either party may file post-trial motions, such as motions for a new trial or to set aside the verdict. If dissatisfied with the outcome, the losing party may appeal the verdict based on legal errors or issues during the trial.
Enforcement of Judgment
If the plaintiff wins the case and is awarded damages, efforts are made to enforce the judgment and collect the awarded compensation from the defendant, which may involve various legal mechanisms.
Consult a Skilled Uber Accident Attorney
The aftermath of an Uber accident, including filing and resolving any claims, involves a series of complex procedures. That is why it is so important for injury victims to work with a skilled Uber accident attorney. At Kherkher Garcia, we have more than 30 years of experience helping personal injury clients obtain justice and compensation. We have in-depth knowledge of the complexities of rideshare-related claims, and are prepared to advocate for our clients.
If you are facing the aftermath of an Uber accident and need guidance and legal support, contact us today to see how we can help you. Our consultations are completely free. Get started by calling us at 713-333-1030, or by completing our contact form.
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