How Do I Make A Claim With Uber If I’m In San Diego?

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    Thinking about filing a claim with Uber after an accident involving one of its drivers in San Diego? You may be wondering about the process and where to begin. Whether itโ€™s for a traffic collision involving an Uber vehicle or a crash involving you as a pedestrian, it may be wise for you to understand how to navigate Uberโ€™s claims process to facilitate a swift resolution.

    The rideshare giant provides several convenient methods for reporting an Uber accident and filing a claim in San Diego. If youโ€™re a rider, the app has a feature to report an issue related to your trip. Uberโ€™s website also has a page where riders and third parties can submit details about the accident and upload any necessary documentation. If you require immediate assistance, say, in an urgent situation, you can call their emergency hotline.

    Uber Use In San Diego

    Whether you are a tourist or a local, San Diego has a wide range of attractions for you to enjoy. SeaWorld, for example, is home to tons of marine life, plus world-famous dolphin shows and orca encounters, making it a favorite among visitors. Many families come here daily to see spectacular sea animals like sharks, sea lions, killer whales, and more. Another great place for families is the San Diego Zoo. Often, to avoid chaotic San Diego traffic, many parents choose to book Ubers rather than drive their families and risk struggling to find a parking space.

    Tourists from all over the world also use Uber to get to their destinations within the area from San Diego International Airport. Whether they want to taste the cuisine Little Italy has to offer or hit the hay at any of San Diegoโ€™s popular hotels, they donโ€™t need to rent a car and pay higher fees, and have the added layer of responsibility during their stay. Uber, a.k.a. the generally more affordable option, can be at their disposal.

    SANDAG Infobits found that 51% of San Diegans hail rides from Transportation Network Companies (TNCs), such as Uber, up to three times a month or less than monthly. Many of these residents reportedly use TNCs to travel to their homes after a long day at work on weekdays and for recreational or leisurely activities on weekends, with trips usually peaking on Saturdays.

    The number of Uber vehicles and other ride-hailing cars on San Diego roads may lead to an increase in accidents. If this is the case, everyone should be prepared for what to do when the unfortunate happens.

    How To File A Claim With Uber

    If you are injured in an unforeseen Uber accident, you can reach out to an attorney to help you deal with the aftermath. Experienced San Diego Uber accident lawyers can guide you through your legal options. Working with an injury lawyer allows you access to legal services that may help protect your rights. An attorney can help you seek compensation and navigate the claims process.

    In particular, hereโ€™s how you can file a claim with Uber:

    Filing a Claim with Uber

    Report The Accident To The Police And Your Insurance Company

    Call 911 to call for help. Tell the police and your insurance company about the Uber incident. The police will create an incident report about what happened, which will help with insurance claims later.

    Let your insurance company know about the Uber-related incident, too. Be careful not to say too much. If you file a claim with them later, anything youโ€™ve said in the past can be used to challenge the extent of their responsibility. Focus on providing clear and factual answers.

    Contact Uber
    • If Youโ€™re a Third Party โ€” You can report it using Uberโ€™s third-party incident notice form. This form asks for your general information and details about the accident.
    • If Youโ€™re a Rider โ€” You can contact Uber directly from the app. From the appโ€™s menu, tap Help. Choose the topic that suits your concern and describe your account of the accident in detail. Drivers and riders who experience an emergency should contact 911.
    • If Youโ€™re a Driver โ€” Uber US offers three ways to contact them through the application. If you need to speak to an agent, go to your Uber Driver app and find the Help Center. Tap โ€œContact Support,โ€ then choose whether you want to:
      • Chat with their 24/7 helpline.
      • Message and get correspondence within 24 hours.
      • Phone to get connected with their phone support team.
    Provide The Needed Information

    Provide detailed information about the unexpected Uber accident, including the following:

    • Date and time.
    • City and state.
    • Precise location, including cross streets, mile markers, nearest exits, etc.
    • Injuries and fatalities.
    • Third-party information, including their name, phone number, vehicle information, and insurance information.

    When asked to describe the accident involving Uber, provide key information, such as the weather, road conditions, how the accident occurred, and other relevant details. The more accurate and complete your report, the more streamlined the claims process will be.

    Submit Evidence

    Evidence can play an important role in building your Uber accident case in San Diego. Gathering proof will help your Uber accident lawyer establish the extent of your damages and who may be liable for your accident.

    Here are some important pieces of evidence you can submit to Uber:

    pieces of evidence you can submit to Uber

    • Police Report โ€” While generally inadmissible in court, a police report may serve as supporting evidence in your claim. Get a copy of the police accident report at the local police station. If you need help, contact an Uber accident lawyer who can also help expedite the process of obtaining a copy. Our accident hotline (888) 488-1391 is available for your inquiries.
    • Witness Information โ€” If there were any witnesses to your accident involving Uber, forward their names and contact information. Witness statements, especially those provided to the police at the scene, can be very helpful. Their statements provide unbiased reports of the crash, add credibility to your claim, and support your version of events.
    • Photos and Videos โ€” Submit any photos and videos you took at the scene, including the vehicles involved, skid marks, the damages sustained, and any visible injuries. Visual documentation is compelling evidence for your Uber claim, as it offers clear insight into the extent of the damage and the severity of your injuries.
    • Medical Records โ€” Keep detailed records of your diagnosis, treatments, prognoses, and costs over time. Document all treatment recommendations, prescriptions, physical therapy sessions, medical visits, and assistive technology. Request written reports from doctors to examine how your health is affected in the long run.

    What Is Next After Filing An Uber Claim In San Diego?

    After filing your claim, Uberโ€™s claims department will review it. The review process involves the following steps:

    1. Uber will investigate the accident, analyze the evidence you submitted, and contact witnesses or involved parties for more information.
    2. Uber will assess its liability for the accident based on the information obtained. If it finds that its driver was at fault, it may agree to pay for your claim.
    3. Uber will assess the damages youโ€™ve requested, considering factors like lost wages, hospital bills, and pain and suffering.

    Keep in touch with Uberโ€™s claims department during this period. Communicate openly and honestly with Uberโ€™s claims adjusters throughout the process. Proactively provide any additional information or documentation they may require to maintain a smooth resolution. Track your claimโ€™s progress and be prepared to provide any additional details that might be needed.

    Negotiating A Settlement With Uber

    After Uber reviews your claim, they will offer a settlement to compensate for your injuries and damages. However, the initial offer may fail to cover all your losses, including your ongoing and future expenses.

    Hereโ€™s what you should consider before accepting any settlement:

    • Evaluate the Offer โ€” Consider the extent of your damages, future medical expenses, and any other factors that may affect the value of your claim. If the offer does not adequately compensate you, a lawyer may negotiate on your behalf.
    • Understand the Terms โ€” Accepting an Uber settlement offer waives your right to take further legal action related to the accident. Before you decide, review the terms of the settlement. Remember, if you discover new injuries later on, you may not be eligible to ask for additional compensation.
    • Consult With an Attorney โ€” Before accepting any settlement offer from the rideshare company, it is wise to consult with an Uber accident lawyer who has handled cases similar to yours. They can provide valuable advice and negotiate for a fair settlement on your behalf.

    If you wish to speak to a lawyer near you about your Uber accident, our attorneys can meet you at a location of your choice in California. You can also reach our local accident line at (888) 488-1391 to schedule an appointment.

    What Should You Do If Your Claim Is Denied?

    In certain cases, Uber might partially or fully deny your claim depending on your specific circumstances. If that happens, there might be other options to pursue compensation for your injuries and losses.

    What Are The Important Things To Do If Your Claim Is Denied

    Hereโ€™s what you can do:

    1. Review the Denial Letter โ€” You need to understand why the insurance company denied your claim. If they have not offered a written explanation, ask for one or contact an insurance agent directly.
    2. Submit an Appeal โ€” If you feel that the denial was unjustified, you may file an appeal with Uber. Include any additional information or evidence supporting your claim and address the reasons for the denial.
    3. Seek the Help of an Experienced Attorney โ€” A lawyer who handles Uber accident cases can assist you in understanding the reasons for the denial and assessing the strength of your case. They can help you navigate the appeals process, offer advice on the proper course of action, and advocate for your interests. An experienced injury attorney can also assist you in gathering and presenting additional evidence to support your claim.

    How Much Will I Get From The Uber Settlement?

    The amount youโ€™re eligible to pursue from Uber will depend on the extent of the damages and the applicable insurance coverage. The latter is based on the driverโ€™s activity at the time of the incident, whether they were logged into the app, and if they had a passenger.

    Hereโ€™s how Uberโ€™s third-party liability insurance works:

    Period 0: Coverage If The Driver Was Offline

    If the driver was offline at the time of the accident, Uberโ€™s insurance wonโ€™t cover the accident. Instead, the driverโ€™s auto insurance will cover the damages they cause. Uber requires drivers to maintain minimum insurance coverage and provide proof of it before they can accept rides and deliveries.

    Period 1: Coverage When The Driver Is Online

    Uberโ€™s third-party liability insurance kicks in when the driver is logged into the app and ready to accept ride requests. If theyโ€™re at fault for your injuries and property damage, you are covered for the following amounts:

    • $50,000 per person for injuries.
    • $100,000 per accident for injuries.
    • $30,000 in property damage per accident.

    In California, Uber drivers who get injured in an accident may also qualify for additional benefits, such as:

    • Hit-and-Run or Uninsured Driver Coverage โ€” Drivers are covered if they are involved in a hit-and-run or an accident caused by an uninsured or underinsured driver.
    • Optional Injury Protection โ€” Uber provides an additional policy that covers medical expenses, disabilities, and accidental deaths.
    Periods 2 & 3: Coverage When The Driver Is En Route Or On A Trip

    Uber offers extensive coverage for delivery and rideshare drivers, which extends to riders and third parties during this period. Hereโ€™s what you can expect:

    • Accident Liability Coverage โ€” Uber offers insurance that covers at least $1,000,000 for property damage and injuries to riders and third parties if the driver is at fault in an accident.
    • Car Repair Coverage โ€” If the driverโ€™s car is damaged in an accident, Uberโ€™s insurance can cover the repair costs up to the carโ€™s actual cash value, with a $2,500 deductible. This coverage applies if the driverโ€™s personal auto insurance includes comprehensive and collision coverage. It takes effect regardless of who is at fault.

    Additional coverages also apply during this period.

    How To Request Trip Verification

    If youโ€™re unsure which period the accident involving an Uber driver occurred, you can verify it with the rideshare giant. This is important information for your claim, as it dictates how much you might be eligible for. To verify a trip, follow these steps:

    1. Go to https://inquiries.uber.com.
    2. On the website, click the โ€œStartโ€ button under the โ€œThird Party Incident Noticeโ€ section.
    3. Fill out the necessary information, including your contact details, the date and time of the incident, and any other relevant details requested.
    4. Select โ€œSee if a driver was on the app and verify periodโ€ under โ€œWhat tasks you would like to do.โ€
    5. Click โ€œNext,โ€ and you will be prompted to provide details about the accident. Include all pertinent information to have a thorough verification process.
    6. Once you have completed all the required details and reviewed the information for accuracy, submit the form.

    After you submit the form, Uber will process your request. You should get a response containing the details you requested, which can be useful for insurance claims or legal proceedings.

    Will Uberโ€™s Liability Policy Pay For My Damages?

    Although Uberโ€™s liability policy offers protection, it has its limitations. Here are a couple of examples to demonstrate:

    Scenario 1

    You were riding a bike in El Cajon when an Uber driver hit you. At the time, they were not logged into the app and were using the car for personal purposes. In this case, the rideshare companyโ€™s insurance wonโ€™t apply to your bicycle accident. Youโ€™ll have to file a personal injury claim with the driverโ€™s personal insurance provider.

    Scenario 2

    You were a passenger in an Uber car in Carlsbad. Your driver was speeding, causing a rear-end collision with the vehicle in front. In this case, Uberโ€™s policy, which provides up to $1 million coverage in most markets, could cover your medical bills, pain, suffering, and other costs. It would also cover the damages to the driver and occupants of the rear-ended car.

    What Types Of Damages Can Uber Accident Victims Pursue?

    In San Diego, individuals who suffered injuries in an Uber accident can file a claim to pursue compensation for both economic and non-economic damages.

    Economic damages are tangible losses incurred due to a defendantโ€™s negligence, causing injury. Some examples of actual financial losses are:

    What Types Of Damages Can Uber Accident Victims Recover

    • Medical Bills โ€” Accounts for the costs of diagnostic tests, surgery, doctor visits, consultations, medications, medical equipment, and all past and future medical care.
    • Lost Wages โ€” Lost income from time off work, as well as reduced earning capacity if injuries affect oneโ€™s ability to continue working.
    • Property Damage โ€” Including vehicle repair or replacement costs and damage to personal property.
    • Rehabilitation Costs โ€” Including physical therapy, occupational therapy, and cognitive therapy.
    • Transportation Expenses โ€” Costs associated with getting to and from appointments or treatment centers, especially for ongoing care.

    Non-economic damages refer to intangible losses, including damages for the emotional, psychological, and mental issues that you sustain from the accident. Here are a few examples:

    • Pain and Suffering โ€” Compensates for physical pain from injuries, chronic pain, and discomfort.
    • Emotional Distress โ€” You may seek compensation for anxiety, depression, and Post-Traumatic Stress Disorder (PTSD).
    • Loss of Consortium โ€” Covers the injuryโ€™s impact on your marital relationship, loss of companionship, or loss of support and guidance.
    • Loss of Enjoyment of Life โ€” The impact an injury has on a personโ€™s ability to participate in activities and experience the things that brought them joy before the accident.

    A lawyer may also help you seek compensation if you sustained a permanent disability and disfigurement due to someone elseโ€™s negligence. If you lose a loved one due to an accident, you may file a wrongful death claim.

    Tips For Handling The Uber Claims Process

    To help with your Uber claim process in San Diego, consider the following tips:

    1. Act Promptly โ€” Report the accident to Uber and submit your claim as soon as possible. Immediate action will help preserve evidence and maintain a smoother claims process.
    2. Be Thorough โ€” Gather as much evidence as possible, including witness statements, photos, videos, and medical records. Provide all relevant information to Uber to strengthen your claim.
    3. Document Everything โ€” Keep detailed records of all communications with Uber and its claims department. Note dates, times, and the names of individuals you speak with. This documentation can be valuable if disputes arise later.
    4. Stay Organized โ€” Keep all documents related to your claim, including medical records, bills, and receipts, in a well-organized file. This will make it easier to track and provide evidence as needed.
    5. Consult a Personal Injury Lawyer โ€” Consider seeking professional advice from a personal injury lawyer who handles Uber claims to help you understand the process and pursue appropriate compensation.

    Other Types Of Claims You Can Make After An Uber Accident

    The specific claim you can file after an Uber accident in San Diego depends on the circumstances of the accident and the extent of the damages.

    Apart from filing a claim with Uber, you may be able to pursue other avenues of compensation, including the following:

    Third-Party Personal Injury Claims

    If you are injured in an Uber accident because of someone elseโ€™s negligence, you can file a personal injury claim with their insurance company. However, if the other personโ€™s insurance company wonโ€™t pay or if they donโ€™t have insurance, you can take legal action by filing a personal injury lawsuit directly against the person who caused your injury.

    When filing a personal injury claim, note that California implements strict deadlines. The statute of limitations for Uber-related accidents is generally two years from the date of the incident. You must file a personal injury claim within this period to seek damages for your injuries and losses. If you miss the deadline, you may lose your right to pursue compensation.

    Itโ€™s recommended to act quickly to assist you in meeting these deadlines. Prompt action can also help you gather key pieces of evidence before they disappear. Consult with accident lawyers who handle Uber claims to help you identify deadlines and help with the timely submission of your claim.

    Auto Insurance Claims

    You can file a claim with your auto insurance provider if your vehicle was damaged in the Uber accident. You can get them to reimburse you for the carโ€™s repair costs. They will usually issue a check to the body shop responsible for fixing the damaged vehicle.

    However, if the vehicle is a total loss, the insurer might instead compensate you for the carโ€™s actual cash value. It will typically be taken to a salvage yard, but you have the option to keep it after the accident. If you decide to keep the damaged car, the insurance company will deduct the salvage value from your compensation amount.

    Uninsured And Underinsured Motorist Claims

    If the driver responsible for the accident doesnโ€™t have insurance or their insurance isnโ€™t enough to cover your damages, your UM/UIM coverage may come into play.

    Uninsured motorist (UM) coverage pays for damages if youโ€™re in an accident caused by a driver who doesnโ€™t have any insurance. On the other hand, underinsured motorist (UIM) coverage kicks in when the at-fault driverโ€™s insurance isnโ€™t sufficient to cover all your financial losses.

    These coverages protect you from bearing the full cost of an accident when the other driver lacks adequate insurance. They cover both economic and non-economic damages after a catastrophic Uber accident.

    Each type of claim has specific requirements and procedures, so consulting with Uber accident lawyers for guidance is essential. A knowledgeable injury lawyer can help you thoroughly understand these differences. They will help you pursue compensation for your damages so you can focus on your well-being.

    Whoโ€™s Responsible For Paying For My Injuries?

    Aside from an Uber claim, you can pursue personal injury claims against the other parties who might be responsible for your accident. These can include:

    Whoโ€™s Responsible For Paying For My Injuries

    • Uber Driver โ€” In every Uber accident, the driver may be at fault. They may be responsible for your damages if their actions caused or significantly contributed to the accident and your injuries. Either their personal auto insurance policy or Uberโ€™s third-party liability will apply.
    • Another Driver โ€” If another driver caused a traffic accident, they might be liable for your injuries and damages.
    • Uber Company โ€” Since Uber drivers are independent contractors, not employees, it can be more challenging to sue the company directly for an accident. To potentially hold a rideshare company accountable, you must establish that it was negligent. Negligent hiring or retention practices are two examples. For instance, the company received a complaint about a reckless or intoxicated driver, but it failed to investigate.
    • Vehicle Manufacturers โ€” If an auto defect, like faulty tires or malfunctioning brakes, caused the accident, you may be able to seek compensation from the manufacturer under product liability laws.
    • Government Entities โ€” Dangerous road conditions or inadequate signage can cause rideshare accidents. You can seek to hold local government entities responsible for inadequately maintaining the roads.

    Frequently Asked Questions (FAQs)

    What Do Commercially Licensed And Insured Drivers Need To Do After An Uber Accident?

    Some Uber drivers are licensed and insured to work as limo, valet, black car, or private hire drivers. If they need coverage for rideshare accidents that happen on these trips, they should talk to their commercial car insurance company. They should also tell Uber about the accident through its website.

    How Does Californiaโ€™s Pure Comparative Negligence Factor Into My Claim?

    California follows comparative negligence laws to assign fault in personal injury cases, including Uber accidents. All parties, even the victim, can bear a percentage of liability, depending on how much they contributed to the accident. If the plaintiff is found to be partially responsible, their compensation in an Uber accident may be reduced by their degree of fault.

    For example, an Uber driver hits you at an intersection in Chula Vista, and the court finds the Uber driver 80% responsible and you 20% responsible because you were driving while distracted. In this case, your award may be reduced by 20%. Therefore, if your claim is worth $25,000 in damages, you will only be able to seek $20,000.

    Who May Be Eligible For An Uber Settlement?

    Anyone who has been injured due to a negligent Uber driver may seek compensation from Uber for their damages, including:

    However, it will still depend on whether the driver is online and using the app. Furthermore, Uber rideshare and food delivery drivers can file a claim with the company if injured on the job.

    Why Do I Need A Personal Injury Lawyer For My Uber Claim?

    Navigating the Uber claims procedure in San Diego can be difficult, especially when dealing with serious injuries or losses. Thatโ€™s why hiring personal injury lawyers who handle Uber claims can be beneficial.

    Hereโ€™s how they can help you:

    Why Do I Need A Personal Injury Lawyer for My Uber Claim

    • Legal Knowledge โ€” A personal injury attorney has the legal knowledge to guide you through rideshare laws and the claims procedure. They can help you manage the complications of the legal process.
    • Evaluation of the Claim โ€” They can assess your claimโ€™s strength by examining liability, losses, and possible compensation.
    • Representation and Advocacy โ€” Skilled injury attorneys will advocate for your rights and handle correspondence with Uber and its insurance provider on your behalf so you can focus on your well-being.
    • Evidence Collection โ€” They can help you gather, preserve, and present evidence to support your case.
    • Insurance Claim Support โ€” Car accident lawyers who handle Uber cases can guide you through the complex insurance process, so that no vital steps are forgotten.
    • Paperwork Management โ€” Your injury attorney handles all relevant legal paperwork and forms. They will file your claim accurately and on time.
    • Guidance โ€” If you have questions or concerns while your case is ongoing, your skilled Uber accident lawyer can provide clear answers and reliable counsel.
    • Advocate for Your Rights โ€” Your injury lawyer can represent your interests, whether at the negotiation table or in court. We can advocate for your rights and seek fair compensation.
    How Do I Find An Experienced Uber Accident Lawyer In San Diego?

    Your choice of legal representation may have an impact on your case. An Uber accident lawyer can help you seek fair compensation for your losses. Hereโ€™s how to choose a car accident attorney for your Uber claim:

    1. Search online or ask for recommendations from your peers.
    2. Consider the Uber accident lawyerโ€™s experience and whether they have handled cases like yours.
    3. Check their credentials and track record.
    4. Schedule an initial consultation. This is usually free, and you are not obligated to hire the law firm afterward.
    5. Ask how they will handle your case and what options are recommended for you.
    6. Consider their communication style. They should be able to update you regularly about your case.
    7. Donโ€™t hesitate to ask about their payment structure. Most personal injury attorneys in San Diego work on a contingency basis, meaning clients wonโ€™t be charged attorneysโ€™ fees unless compensation is obtained through a settlement or a verdict. However, certain case-related expenses may still apply regardless of the outcome.

    When choosing an Uber accident lawyer, you need to consider their ability to guide you through the legal process. You will be working with them for some time, so consider whether they seem empathetic to your cause and if youโ€™re comfortable with them. You can check their client testimonials to see other peopleโ€™s experiences working with them.

    Consult Our Uber Accident Lawyers In San Diego For Your Claim

    If you are injured in an Uber accident, an attorney may help guide you through the legal process. Arash Law is more than just a team of legal assistants. We can be your dedicated legal representatives, pursuing the just compensation for your losses. Our rideshare accident lawyers have handled and represented clients in various cases, including Uber and Lyft claims. We aim to help clients seek compensation for their injuries and damages.

    If you find yourself saying, โ€œI need a personal injury lawyer in San Diego,โ€ consider Arash Law. Contact us at (888) 488-1391 or fill out our โ€œDo I Have A Case?โ€ form for a free initial consultation. Our attorneys can give you some clarity on your case and help you make informed decisions.

    Our personal injury law firm also handles other cases, such as truck accidents, bus accidents, freeway accidents, highway construction accidents, rain-related accidents, and commercial accidents.

    We extend our services to neighboring areas, such as Coronado, National City, Lemon Grove, La Mesa, Imperial Beach, La Presa, Spring Valley, El Cajon, Rancho San Diego, Santee, and Ramona.

    ABOUT THE AUTHOR
    Arash Khorsandi, ESQ
    Founder, Arash Law

    Arash Khorsandi, Esq. is the owner and founder of Arash Law, a large injuries and accidents law firm with offices throughout California. Over the years, Arash has built an all-star team of record-breaking lawyers, former insurance company adjusters, and the best paralegal staff in the country in order to ensure that his client’s cases result in the best possible outcome. In fact, our California personal injury law firm has won countless awards and distinctions in the field of plaintiffs Personal Injury law.

    Recover Lost Wages, Property Damages, and Medical Fees.
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    DISCLAIMER: Information provided on this blog is not formal legal advice. It is generic legal information. Under no circumstances should the information on this page be relied upon when deciding the proper course of a legal action. Always obtain a free and confidential case evaluation from a reputable attorney near you if you think you might have a personal injury lawsuit.

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