Filing Uber Accident Claims in Los Angeles, CA
From determining liability to navigating Uber’s insurance coverage, there are many legal complexities to cover after a car accident with an Uber driver in Los Angeles. If you were involved in a car crash with a ridesharing company, whether as a passenger or as a driver, there are certain precautions to keep in mind. Here are seven shocking facts to be aware of when filing Uber accident claims.
1. Not All Accidents Will Qualify for Uber’s $1 Million Policy
An accident with an Uber vehicle on “standby” may limit insurance coverage, and disputes with Uber’s insurance company may arise.
If you are involved in an accident with an Uber driver who is logged into the Uber app but on “standby,” accessing Uber’s liability insurance coverage may not be an option. The insurance coverage in such cases might be limited to the driver’s personal insurance coverage.
Depending on the circumstances and if Uber’s liability insurance will be applied, coverage may be limited to $50,000 in bodily injury per person, $100,000 in bodily injury per accident, and $25,000 in property damage per accident. More information on how coverage works after an Uber car accident can be found here.
Or, for specific questions regarding an Uber accident case, schedule a free consultation with an experienced Los Angeles Uber accident lawyer today.
Call AAL Today2. An Insurance Claim Works Differently When an Uber Driver Is Involved
When an Uber vehicle is involved in a car accident, there are additional steps to consider. Understanding the specifics of an insurance policy is crucial to determine what is covered and what is not in the event of an accident.
In most California car accidents, the at-fault driver’s insurance company will be responsible for covering the victim’s damages, such as lost wages, medical bills, and property damage. Conversely, in an Uber accident, the Uber driver’s insurance and/or Uber’s insurance may be enforced to cover damages.
Uber’s insurance policy generally applies when the driver is logged into the app and waiting for a ride request, driving to pick up a passenger, or transporting a passenger. However, there are gaps in coverage, like when the driver is not logged into the app.
Additionally, it may be necessary to provide more evidence, like an invoice of the Uber ride, confirming the date, time, and location of the ride, as well as the Uber driver’s name and license plate number.
3. Insurance Claims Are Complicated; Uber Insurance Claims Are Even More Complicated
In any Los Angeles car accident, determining fault is a crucial step in establishing liability. However, when it comes to Uber accidents, proving fault can be more complex as it can involve the Uber driver, another driver, or a third party.
This complexity is further compounded by the ongoing debate surrounding the classification of Uber drivers as either “employees” or independent contractors, which has significant implications for liability in these cases.
Additionally, the amount of insurance coverage available in Uber accidents varies depending on the status of the Uber driver at the time of the accident. If the driver was actively transporting an Uber passenger, different coverage limits apply compared to when the driver was on standby or between rides.
Understanding these distinctions is vital when assessing the available insurance coverage for an Uber accident. Overall, establishing fault, considering the classification of Uber drivers, and determining the appropriate insurance coverage are key factors that need to be addressed in the Uber claims process.
4. Some Uber Accidents Will Qualify for Maximum Damages, Such As…
Uber’s $1 million policy applies when the Uber driver is in a car accident while transporting a passenger or causes a collision with another driver. In addition, pedestrian accidents, bicycle accidents, or other traffic accidents caused by a ridesharing company or their drivers may qualify for Uber’s coverage, as well.
However, it’s important to note that even though insurance coverage is available, there may still be challenges in proving damages. Because Uber car accident claims hold much value, the insurance company will attempt to reduce the accurate value of the claim and negotiate a smaller settlement.
According to the LA Police Department, the city has experienced a significant increase in fatal traffic accidents, resulting in over 300 fatalities. Additionally, congestion in Los Angeles County does not appear to be improving, with four of LA’s freeways ranking with the most traffic in the US: the 5 Freeway between Euclid Ave and the 605 Freeway, the 10 Freeway between Washington Blvd. and the 110 Freeway, the 405 Freeway between Santa Monica Blvd. and Valley Vista Blvd., and the 101 Freeway from Santa Monica Blvd. to Alvarado St.
If you are another driver who was involved in a crash with an Uber vehicle, the ridesharing company may push for your own insurance company to cover damages. In instances where Uber is not accepting liability, it is best to consult with a Los Angeles car accident lawyer.
5. An Uber Accident Claim Can Be Filed Against Uber Directly
In terms of liability, both the Uber driver and the company itself may be held accountable for accidents and injuries. While Uber may categorize its drivers as independent contractors, courts have recognized the company’s responsibility in ensuring passenger safety and conducting proper background checks. Therefore, Uber may be liable for accidents and settlements to compensate victims.
In most cases, insurance coverage can provide compensation for damages to a certain extent. However, if insurance falls short, you have the option to file a lawsuit against the driver or the ridesharing company directly. To bring an accident claim against Uber for negligence, you need to establish that the Uber driver has a history of reckless driving, which the company was aware of.
Uber has a responsibility to conduct background checks on its drivers before allowing them to work on the Uber app. If Uber fails to exercise due diligence or disregards a driver’s negative driving history, the company can be held accountable for the accident and resulting injuries.
6. A Third Party Can Be At Fault
In cases where the Uber driver is not at fault for the accident, you would typically need to pursue a claim against the driver who caused the crash. However, if the Uber driver had Uber’s uninsured motorist coverage in effect because they were en route or transporting a passenger, you may potentially seek compensation from Uber if the at-fault driver has insufficient insurance coverage.
Regarding settlement options, you have two choices: settling your case or going to court. Settling involves accepting a predetermined amount of compensation for your accident-related losses, while going to court means seeking resolution through a legal process. Settlement offers a quicker resolution with known compensation, while going to court introduces more uncertainty but may be necessary if a fair settlement is not offered.
7. Regardless of Your Role in the Accident, File a Claim As Soon As Possible
Regardless if fault appears obvious, do not make any assumptions, and take immediate action by filing the Uber accident claim. Otherwise, the insurance company can use the delayed response as a reason to deny a claim.
When reporting the accident, be wary of the information that is shared with the insurance company. Therefore, do not admit fault or speculate who was at fault. Only state verifiable facts, and do not feel obligated to respond to every question.
If you’re unsure how to address a question, let the insurance adjuster know that you need to speak with your Uber accident attorney first. Additional tips that should be taken when filing an Uber insurance claim include:
- Get medical attention right away, even if you don’t think you’re injured.
- Take pictures of the accident scene and injuries.
- Get the names and contact information of any witnesses.
- File a police report.
- Keep a copy of all your records, including medical bills, and correspondence with the insurance company.
Angeleno Accident Lawyers – The Top Los Angeles Uber Accident Lawyer
Accidents involving Uber drivers can happen, leaving individuals injured and unsure of what steps to take next. If you find yourself in such a situation, it’s crucial to be well-informed about the top tips for filing a successful personal injury claim.
Facing the aftermath of an Uber accident can be challenging, but with the assistance of a skilled personal injury lawyer, you can navigate the legal complexities and work towards obtaining the compensation you deserve for your injuries, medical expenses, lost wages, and other damages.
Uber car accident claims can be complex, and seeking legal guidance can help you navigate the process and ensure you receive the compensation you deserve. For questions regarding your Uber accident, schedule a free consultation with our personal injury law firm.
