A rideshare accident can turn your day upside down. If you were hit by a rideshare driver, understanding your rights and the complexities of insurance coverage is crucial for your recovery.
Being involved in a car accident, especially with a rideshare vehicle, introduces unique challenges that differ from a standard collision. This guide will walk you through the essential steps and considerations to help you navigate the aftermath.
For a comprehensive case review and to discuss your options, contact us for a legal consultation.
What to Do Immediately After a Rideshare Accident
The moments following a rideshare car accident are critical. Your priority should always be safety and documenting the scene.
Prioritize Safety and Seek Medical Attention
First, ensure everyone's safety. Move to a safe location if possible. Even if you feel fine, seek immediate medical treatment. Some injuries, like whiplash or concussions, may not be immediately apparent. Obtaining medical records promptly is vital for any future personal injury claim.
Contact Authorities and Document the Scene
Call 911 to report the crash. A police report is an essential piece of evidence, documenting the accident details, including who was involved and initial observations about fault. Be sure to get the police report number.
While waiting for law enforcement, if you are able, gather as much insurance information and evidence as possible:
- Take photos and videos: Capture images of vehicle damage, road conditions, traffic signals, and any visible injuries.
- Exchange information: Get the rideshare driver's name, contact information, license plate number, and insurance information. Do not rely solely on the Uber App or Driver App for this.
- Identify witnesses: Obtain contact information from anyone who witnessed the accident. Their witness testimony can be invaluable.
Understanding Rideshare Insurance Coverage
One of the most complex aspects of being hit by a rideshare driver is determining the applicable insurance policies. Rideshare companies like Uber have specific insurance policies that often kick in depending on the driver's status at the time of the accident.
The Rideshare Company's Insurance Policy
Rideshare companies typically provide liability coverage for their drivers, but the extent of this coverage varies based on whether the driver was:
- Offline or App Off: If the rideshare driver was not logged into the driver app, their personal auto insurance policy would be the primary insurance coverage.
- Logged In, Awaiting a Ride Request (Period 1): During this period, the rideshare company usually provides limited liability coverage, often around $50,000 in bodily injury per person, $100,000 in bodily injury per accident, and $25,000 in property damage per accident. This acts as secondary coverage if the driver's personal auto insurance policy denies the claim or has lower limits.
- En Route to Pick Up a Passenger or During a Trip (Periods 2 & 3): This is when the most comprehensive liability insurance coverage from the rideshare company typically applies. This often includes $1,000,000 in third-party liability coverage for bodily injury and property damage, and often includes uninsured and underinsured motorist (UM/UIM) coverage.
It's important to remember that rideshare drivers are generally classified as independent contractors, which can complicate the claims process. Their personal auto insurance policy may exclude coverage for commercial activities, such as ridesharing.
Your Own Insurance Coverage
Even if the rideshare company's policy applies, your personal auto insurance policy may also play a role. Depending on your coverage, you might have:
- Medical Payments (MedPay) or Personal Injury Protection (PIP): These can help cover your medical expenses regardless of who was at fault.
- Collision Coverage: This helps cover property damage to your own vehicle.
- Uninsured and Underinsured Motorist (UM/UIM) Coverage: This is crucial if the liable party has insufficient insurance or no insurance at all. Given the complexities of rideshare insurance, UM/UIM coverage can provide an essential safety net.
The Rideshare Accident Claims Process
Navigating a rideshare accident claim can be a technical process. Here's a general overview of the steps involved:
Reporting the Accident
Beyond calling 911, you should also report the crash to the rideshare company. Uber, for instance, has a "Report a crash" option within their app, a Crash Center, and a Safety Incident Reporting Line. Provide them with accurate information from the accident report.
Dealing with Insurance Companies
You'll likely be dealing with multiple insurance companies: the rideshare company's insurance carrier, the rideshare driver's personal insurance coverage, and potentially your own insurance carrier. Each insurance company will investigate the claim, and they may try to minimize their payout. This is where legal representation becomes invaluable.
Proving Liability and Damages
To successfully pursue a Rideshare Accident Claim, you must prove the rideshare driver was the liable party. This involves demonstrating their negligence, whether it was due to distracted driving, unsafe driving, or unprofessional driver behavior.
Damages can include:
- Medical expenses (past and future)
- Lost wages
- Pain and suffering
- Property damage to your vehicle
- Rental options if your car is unusable
In tragic cases, a wrongful death claim may be necessary.
Learn More: How Much Uber Pays For Accident Claims
Why You Need a Rideshare Accident Lawyer
The complexities of insurance coverage, the various parties involved, and the potential for an insurance company to deny or undervalue your claim make legal representation essential.
Navigating Complex Legalities
An Uber accident lawyer or a personal injury lawyer with experience in rideshare accidents understands the nuances of rideshare insurance policies, how they interact with personal liability insurance policies, and the strategies insurance companies use. They can help you understand the policy with coverage that applies to your situation.
Protecting Your Rights and Maximizing Your Claim
Your legal team will:
- Investigate the accident: Gather evidence, review the police report, obtain medical records, and interview witnesses.
- Communicate with insurance companies: Handle all correspondence and negotiations, ensuring your rights are protected.
- Accurately assess your damages: Ensure all your losses, including future medical needs and lost earning capacity, are accounted for.
- Fight for fair compensation: Advocate on your behalf to secure the maximum compensation you deserve.
- Guide you through the claims process: Provide clarity and support every step of the way, transforming a daunting technical process into a manageable step towards recovery.
Contingency Policy
Many personal injury law firms, including Friedman & Simon, operate on a contingency policy. This means you don't pay any legal fees unless they win your case. This allows you to pursue justice without upfront financial burden.
Beyond the Immediate Aftermath: Long-Term Considerations
After the initial shock, consider the long-term impact of your injuries. What might seem minor now could lead to chronic pain or ongoing medical treatment.
If your vehicle suffered significant property damage, an attorney can help you with repair costs or compensation for a total loss. They can also assist with diminished value claims if your vehicle's resale value has decreased due to the accident. Some rideshare companies offer a Vehicle Marketplace for rental options while your car is being repaired.
Your Path to Recovery Starts Here
Being hit by a rideshare driver is a stressful experience, but you don't have to face it alone. Understanding the intricate web of insurance policies, the roles of independent contractors, and the nuances of liability coverage is critical. Taking immediate action and seeking professional legal guidance are the most important steps toward recovery and securing the compensation you deserve.
Do not delay. Contact our personal injury lawyers today for a legal consultation. We can provide a comprehensive case review and discuss how we can help you navigate your Rideshare Accident Claim.