Injured in an Uber Accident? Understanding Personal Injury Claims After an Uber Driver’s Negligence
Uber and other rideshare services have become a common part of everyday transportation in Irvine, Orange County, and throughout Southern California. Whether you are riding to work, heading to the airport, going out for dinner, or simply traveling across town, an Uber can be convenient and accessible.
But what happens when an Uber ride ends in a serious accident?
If an Uber driver’s negligence causes a collision, passengers, drivers of other vehicles, pedestrians, cyclists, and other people involved in the accident may suffer significant injuries and financial losses. Determining who may be responsible and which insurance coverage applies can be more complicated than a typical car accident claim.
What Is Negligence in an Uber Accident?
In California, drivers have a responsibility to operate their vehicles with reasonable care. Negligent driving can take many forms, including speeding, distracted driving, failing to yield, running a red light, following another vehicle too closely, driving while impaired, or otherwise violating traffic laws.
Uber drivers may also face additional distractions because they use a smartphone-based rideshare application while working. Looking at a navigation screen, accepting a ride request, or interacting with an app while driving can potentially contribute to an accident.
When an Uber driver’s negligence causes an accident, injured individuals may have a personal injury claim for damages depending on the circumstances of the collision.
Who Can Be Injured in an Uber Accident?
An Uber-related accident does not necessarily involve only the Uber passenger.
Potentially injured parties can include:
- Uber passengers injured while riding in an Uber
- Drivers and passengers in another vehicle
- Pedestrians struck by an Uber vehicle
- Cyclists involved in a collision with an Uber driver
- Other individuals who suffer injuries as a result of the accident
The legal and insurance issues can vary depending on the person’s relationship to the Uber vehicle and what the driver was doing at the time of the collision.
Understanding Uber Insurance Coverage in California
One of the most important issues after an Uber accident is determining what insurance coverage applies.
California regulates transportation network companies (TNCs), including Uber, and establishes insurance requirements based on the driver’s status within the rideshare application.
For example, when the Uber driver has the app turned on but is waiting for a ride request, California requires primary coverage of at least $50,000 for death or personal injury per person, $100,000 per incident, and $30,000 for property damage. Additional excess coverage requirements also apply.
The insurance situation changes when a driver has accepted a ride and is traveling to pick up the passenger. During this period, and while the passenger is in the vehicle, California requires Uber’s transportation network company coverage to provide at least $1 million in primary commercial liability insurance.
California also requires uninsured and underinsured motorist coverage of $1 million during the period when an Uber passenger is actually in the vehicle.
These distinctions can be extremely important when determining which insurance policy may apply to an accident.
What Compensation May Be Available After an Uber Accident?
The damages available in a personal injury claim depend on the specific facts and severity of the injuries.
Potential damages can include:
- Medical expenses
- Future medical treatment
- Lost wages
- Loss of future earning capacity
- Property damage
- Physical pain and suffering
- Emotional distress
- Loss of enjoyment of life
- Other losses associated with the injury
Some losses, such as medical bills and lost wages, may be relatively straightforward to document. Other damages, including pain and suffering or future medical needs, may require more detailed evidence and analysis.
Mazarei Law Group’s personal injury practice notes that automobile accident claims can involve both readily quantifiable expenses and more difficult-to-value losses such as pain, suffering, and limitations on a person’s ability to enjoy life.
What Should You Do After an Uber Accident?
If you have been injured in an Uber accident, taking appropriate steps after the collision can help preserve important evidence and protect your interests.
1. Seek Medical Attention
Your health should be your first priority. Some accident-related injuries may not become obvious immediately after a collision.
A medical evaluation can help identify injuries and create documentation connecting your medical condition to the accident.
2. Report the Accident
Depending on the circumstances, the accident may need to be reported to law enforcement. If you were an Uber passenger, preserve information about the trip, including the date, time, driver’s information, pickup and drop-off locations, and any information available through the Uber application.
3. Preserve Evidence
Photographs and videos of the accident scene, vehicle damage, road conditions, traffic signals, and visible injuries can be valuable.
You should also preserve medical records, bills, prescription information, wage-loss documentation, and communications with insurance companies.
4. Be Careful When Communicating With Insurance Companies
Insurance companies may request information about the accident and your injuries. It is important to understand what information you are providing and how statements may affect your claim.
An attorney can communicate with insurers and help evaluate the legal and insurance issues involved in the case.
Why Uber Accident Claims Can Be Complicated
A conventional two-car accident may involve the drivers and their automobile insurance companies. An Uber accident can involve additional layers of insurance coverage and questions about the driver’s status within the rideshare application.
Was the driver waiting for a passenger request?
Had the driver accepted a ride?
Was the driver traveling to pick up a passenger?
Was a passenger already inside the vehicle?
The answers can affect which insurance coverage applies.
There may also be questions concerning the circumstances of the collision, the driver’s conduct, the extent of the injuries, and whether another driver or party contributed to the accident.
Talk With an Irvine Personal Injury Attorney
If you or a family member has suffered an injury in an Uber accident in Irvine or elsewhere in Orange County, understanding your legal rights and available insurance coverage can be important.
Mazarei Law Group, Inc. is an Irvine law firm that handles personal injury and accident matters in Orange County and throughout Southern California. The firm lists personal injury, automobile accidents, insurance matters, and related litigation among its areas of practice.
Mazarei Law Group is located at 19200 Von Karman Avenue, Suite 365, Irvine, California, and can be contacted at (714) 418-5797.
If you have been injured in an Uber accident, an attorney can review the circumstances of the collision, identify potentially responsible parties, evaluate applicable insurance coverage, and help you understand the options available for pursuing compensation.
This article is intended for general informational purposes and does not constitute legal advice. Every accident and personal injury claim is different.