What Happens if You Are in an Uber Accident?

car accident

You might be entitled to compensation if an accident occurs while you’re riding in an Uber. You should seek immediate medical care and legal representation. An experienced personal injury lawyer can assist you in filing a claim with Uber or the negligent driver’s insurance company.

Rideshare services are affordable and convenient. That doesn’t make Uber passengers and the occupants of other vehicles immune to injury if an Uber they’re in crashes. The at-fault party should be liable for injuries and resulting losses, such as medical bills and lost wages. You have a right to pursue action against the person responsible for harming you.

Steps You Should Take After an Uber Accident

You must take action immediately following an Uber accident. Your first stop after leaving the crash scene should be the hospital. A doctor can examine you and determine the type of treatment you need. They might recommend follow-up care or appointments with a specialist. You should follow their orders and treat your injury consistently until you heal or your medical providers release you from their care.

Maintaining complete and accurate records is crucial in a personal injury case. You should keep a copy of every document related to the Uber accident, including prescription receipts and packaging, imaging test results, rehabilitation notes, surgical reports, and medical bills. Your records can serve as evidence while you’re pursuing compensation from the at-fault driver.

Although you might think you can handle your insurance claim alone, hiring a lawyer is beneficial. The legal process is often complicated for people who don’t know their rights. Without an experienced legal team on your side, reaching a favorable outcome is less likely.

Your lawyer can handle every step on your behalf, such as:

  • Investigating the crash
  • Establishing liability
  • Gathering evidence to prove fault
  • Determining the available insurance coverage
  • Filing a claim and negotiating a settlement
  • Filing a lawsuit if necessary

Some things are best to avoid after an Uber accident. Saying or doing the wrong thing can negatively affect your case. Try not to make these common mistakes:

  • Talking to the insurance adjuster – You should never discuss aspects of your claim with the liable party’s insurance company. The adjuster wants to save money by avoiding a significant settlement. You might say something they can use to prove their policyholder isn’t liable and deny your claim.
  • Posting on social media – Your online activity can be scrutinized during a personal injury case. You should limit posting on public social media accounts. An insurance adjuster or defense attorney can use your posts as evidence against you.
  • Admitting fault – Never admit fault, even if you think you’re partially responsible for the crash. If a jury determines you share liability for what happened, they can diminish your compensation by your percentage of fault.
  • Agreeing to a recorded statement – The insurance adjuster will likely ask if you agree to be recorded while they’re asking you questions and talking with you about the accident. Your words become evidence and saying the wrong thing could ruin your chance of recovering an adequate settlement.

Compensation for an Uber Accident

New York requires every driver to purchase personal injury protection (PIP) insurance. PIP pays for expenses related to the crash, such as hospitalization and ambulance services, up to a $50,000 limit. It also covers 80% of lost wages up to $2,000 monthly for no more than three years after the accident. A $25 daily reimbursement of reasonable and necessary expenses, such as transportation to doctor’s appointments and household assistance, is available for up to one year after the crash.

You must file a PIP claim before seeking compensation from the at-fault driver. Uber has liability insurance for covered accidents involving Uber drivers. Coverage is available under these circumstances:

  • Drivers who are available or waiting for a ride request – $50,000 in bodily injury and $25,000 in property damage
  • Drivers on their way to pick up riders or during trips – $1,000,000 in third-party liability

Coverage doesn’t apply if an Uber driver has their app turned off or isn’t online.

You can’t file a liability claim unless you exhaust your PIP limit and meet the serious injury threshold. That means your injury results in:

  • A non-permanent medically determined injury or impairment preventing completing material acts that constitute customary and usual daily activities for at least ninety days;
  • A fracture;
  • Permanent loss of use of a body system, function, organ, or member;
  • Loss of a fetus;
  • Dismemberment;
  • Permanent consequential limitation of use of a body member or organ;
  • A significant limitation of the use of a body system or function; or

When you file a liability claim, the compensation you receive might cover:

  • Loss of enjoyment of life
  • Pain and suffering
  • Past and future medical bills
  • Emotional distress
  • Scarring or permanent loss of limb
  • Lost wages
  • Lost earning capacity
  • Property damage

You might be able to recover punitive damages in a lawsuit against the Uber driver. This financial award punishes the defendant for their actions. You must show clear and convincing evidence that the defendant’s actions were reckless, malicious, wanton, or willful or show a high degree of moral culpability to be granted this award.

Statute of Limitations on Uber Accidents

In New York, the statute of limitations allows a three-year timeframe for filing a lawsuit against another party. That means you have three years from the crash date to initiate your lawsuit against the Uber driver. Once three years pass, you could lose your right to pursue compensation in court.

Contact a Dedicated and Trusted Uber Accident Lawyer Now

Finz & Finz, P.C. has 40 years of experience handling personal injury cases. Our nationally recognized personal injury lawyers in New York know how to hold people liable for their misconduct. We believe accident victims deserve an opportunity to seek justice. You can count on us to fight by your side until the end. That’s our commitment to you.

If you sustained injuries in an Uber accident due to someone else’s negligence, call Finz & Finz, P.C. for a free consultation at (855) TOP-FIRM. We are ready to help you recover the compensation you deserve and move forward with your life.

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Finz & Finz, P.C. is a New York and Long Island personal injury law firm based out of Mineola, NY. It was founded in 1984 and is highly rated, with many honors and awards of excellence.