What Happens If My Uber Has An Accident?

Ridesharing services like Uber have surged in popularity, offering a convenient and affordable way to get around. While these services benefit passengers and drivers, they also raise significant safety concerns, mainly when accidents occur. What happens if your Uber driver crashes? Who becomes liable for your injuries and other damages?

According to Uber’s 2021-2022 Safety Report, 99.9998% of its 1.8 billion trips ended without safety incidents. However, as more rideshares hit the road, the statistical probability of accidents also rises. During this same reporting period, Uber documented 127 fatal crashes, resulting in 153 deaths. These statistics make it clear that understanding their rights and the claims process is essential for every rideshare passenger.

If you’re involved in an accident while riding in an Uber, your rights and options for compensation will depend on the circumstances of the crash and who is determined to be at fault. The claims process will differ based on who is responsible for your damages — whether it’s the Uber driver, another party involved in the accident, or Uber as a company.

Depending on the circumstances, you may need to seek compensation through Uber’s commercial insurance, the at-fault driver’s personal auto insurance, or another relevant insurance policy.

Everything You Need To Know When Your Uber Gets In An Accident

Uber accidents can be complex due to factors like changing insurance coverage, questions about who is at fault, and whether the driver was actively working at the time of the crash. We’re here to guide you on what steps to take if you’re involved in an Uber collision.

California classifies rideshare companies like Uber as transportation network companies (TNCs), requiring them to follow specific insurance and operational guidelines. As rideshare services grow in popularity, the state has implemented laws to define driver responsibilities and passenger rights, ensuring safety and accountability for everyone involved.

Uber operates under strict California regulations that influence their insurance coverage in accidents. The company’s third-party liability may work differently since Uber drivers are independent contractors rather than employees.

Essential Steps To Take After An Uber Accident

You must take several steps to file an accident claim with Uber. In addition to filing the claim, knowing what to do after an Uber accident helps protect your interests and your health. Here are some of them:

Report To Authorities

Call 911 immediately to report the accident. Provide emergency responders with accurate details about any injuries or symptoms you or others are experiencing. If anyone has serious injuries, paramedics will take over the medical response while police begin documenting the scene.

When speaking with the police, stay focused and provide clear, factual information. Describe the time and location of the crash, the road conditions, and the sequence of events. Do not speculate about the cause of the accident or admit fault — let law enforcement determine what happened based on the evidence. For instance, if it is a speeding-related accident, authorities may review traffic camera footage and the vehicle’s black box data, if available.

Before you leave the scene, ask for the police report or incident number. This documentation will play a key role in your personal injury claim.

Notify Uber

Report the accident to Uber through the app or website as soon as possible. Include key details such as:

• Time and location of the crash.
• A description of what happened.
• Any injuries sustained.

Keep records of all communication with Uber, including emails, messages, and phone calls, as they may serve as critical evidence for your claim.

Seek Medical Attention

Even if your injuries seem minor, it’s important to see a doctor within 24 to 48 hours of the accident. Some serious injuries, like traumatic brain injuries, internal damage, or whiplash, may not show symptoms right away. Watch for delayed symptoms like headaches, neck and shoulder pain, numbness, back pain, abdominal pain, or changes in mood or function.

From an insurance perspective, how quickly you seek medical treatment can affect your claim. If you wait to see a doctor, insurance companies may argue that your injuries did not arise from the accident or aren’t serious. Getting checked out quickly and keeping detailed medical records will help prove the Uber accident caused your injuries and make it harder for the insurer to deny or downplay your claim.

Gather Important Evidence

Document the scene thoroughly by taking photos or videos of your injuries, vehicle damage from multiple angles, skid marks, traffic signals, road conditions, and the accident scene. Capture the license plates of all vehicles involved and the rideshare driver’s identification.

If you’re a passenger, take screenshots of your Uber trip information, including the driver’s details, route map, pickup and drop-off locations, trip cost, and timestamp. This digital evidence establishes that you were an official Uber passenger during the accident, which affects insurance coverage. Also, get the contact information of any witnesses present. Their statements can provide crucial third-party verification about how the accident occurred.

Additional key evidence includes medical records, police reports, and correspondence with insurance companies. Experienced Uber accident lawyers use these records to establish liability and calculate appropriate settlement amounts that account for both immediate and long-term damages.

File A Claim With Uber

To initiate a claim, complete Uber’s required accident report form and submit supporting evidence such as:

• Photos of the accident scene.
• Medical records and bills.
• Witness statements.

Follow up with Uber regularly to track the status of your claim and provide any additional information requested.

Consult An Uber Accident Lawyer

You might be considering seeking free accident lawyer advice after the accident. A personal injury attorney with experience in Uber accident claims can support your claim. An experienced Uber accident lawyer can help gather essential evidence, communicate with Uber and insurance companies on your behalf, and protect your interests throughout the legal process.

They can determine who may be liable for the damages and explore other potential compensation avenues based on your situation. Taking the proper steps after a rideshare accident can be vital for your claim. Call (888) 488-1391 to book a free, no-obligation consultation with one of our rideshare accident lawyers. We can also handle similar cases, like Lyft accidents.

Understanding Uber’s Insurance Coverage

You might be wondering how much Uber pays for accidents. Uber’s insurance can act as primary or secondary coverage depending on whether the driver’s personal insurance is active and what stage of the trip they’re in (according to the California Public Utilities Commission’s (CPUC) requirements):

• Period 0 — When the Uber app is off, the driver is not available, and no passenger is in the vehicle, Uber’s insurance does not apply. Only the driver’s personal insurance covers this period. California requires drivers to have the minimum liability insurance, which includes:
  • $30,000 for bodily injury per person.
  • $60,000 per accident.
  • $15,000 for property damage.
• Period 1 — When the Uber app is on, but the system has not paired the driver with a passenger, Uber provides supplemental rideshare insurance that covers:
  • $50,000 per person for bodily injury.
  • $100,000 per accident.
  • $30,000 for property damage.
• Periods 2 & 3 — Period 2 is when a passenger gets matched with the driver but hasn’t yet entered the vehicle, and Period 3 is when the passenger is in the car. Uber provides $1,000,000 in insurance coverage during both periods, which applies to drivers and passengers.

During Period 3, Uber also offers $1,000,000 in uninsured (UM) and underinsured motorist (UIM) coverage in California. The coverage protects Uber passengers and drivers if another driver is at fault but doesn’t have enough insurance.

Understanding these coverage periods is critical for passengers seeking compensation. If your accident occurs during Period 2 or 3, you can access Uber’s entire $1 million policy, which provides substantially more coverage than the typical individual auto policy. It’s worth noting that potential settlement amounts generally reflect the claimant’s actual damages and not the full policy.

Complications can occur when figuring out which period applies at the time of the accident, especially during transitions between periods. Speak with Uber accident attorneys if you have specific concerns about your case.

When To Contact An Uber Accident Lawyer

Consider reaching out to an Uber accident lawyer if:

1. You Suffered Injuries — Whether you’re a passenger, driver, or pedestrian, if you sustained injuries in an Uber accident, an Uber accident lawyer can help protect your rights and help you file a claim. In cases of severe injuries that require ongoing medical treatment or result in lost wages, a lawyer can evaluate your case with these considerations.
2. There’s Confusion About Liability — If it’s unclear who is responsible for the accident — whether the Uber driver, another motorist, or Uber itself — an Uber accident lawyer can work to identify who’s at fault and strengthen your case.
3. There Are Insurance Issues — If the insurance company is denying or undervaluing your claim, or you’re unsure which insurance policy applies (Uber’s commercial policy vs. the driver’s personal insurance), a lawyer experienced in Uber accident cases can guide you through the process.
4. The Insurance Coverage Is Complicated — Understanding which insurance applies during different ride phases can be complicated, especially when the Uber app is off or the driver hasn’t accepted the ride. A rideshare accident lawyer can explain these nuances in plain language.
5. There Are Disputes About Your Claim — If you’re having trouble negotiating a fair settlement for your injuries or damages, a personal injury lawyer can reinforce your claim with supporting evidence.

Key Pieces Of Evidence In An Uber Accident Claim

To seek compensation after an Uber accident, you must present strong evidence that supports your claim. Just like other car accident lawyers, Uber injury attorneys also rely on the following key documents and materials:

• Medical Records — Your medical documentation should clearly outline the nature and extent of your injuries. Include records of ER visits, imaging scans (like X-rays or MRIs), physical therapy, and medications. A summary or narrative from your doctor linking your injuries to the Uber accident is especially helpful, particularly if ongoing care or long-term effects are involved.
• Photos of Personal Property Damage — Pictures or videos of any damaged belongings, such as electronics, luggage, or other valuables, can support your claim for personal property loss. Still, many riders also wonder, Does Uber pay for car damage in these cases?
• Receipts & Invoices — Keep all medical bills and receipts related to accident-related expenses, including doctor visits, prescriptions, and damaged items. These documents help calculate the financial impact of the crash.
• Incident Details — Write a detailed account of the accident, noting the date, time, location, road conditions, and how the incident unfolded. This record strengthens your case and preserves critical details.
• Eyewitness Statements — Independent witnesses can offer unbiased accounts of the accident. Your Uber accident lawyer can help gather formal statements that corroborate your version of events.
• Digital Evidence — Screenshots from the Uber app, including trip confirmations and ride details, can prove the driver’s app status and identify when and where the crash occurred.

Potential Compensation For Injured Passengers

An Uber accident claim aims to get compensation for the damages incurred. Experienced Uber accident lawyers can thoroughly evaluate the full extent of your losses after a thorough case review.

If you sustained injuries and other damages after an Uber accident, you may be able to seek damages for the following:

• Medical Expenses — These may cover current and future medical costs resulting from the injuries sustained in the accident. Some injuries may require immediate emergency care or surgical procedures, while others may need ongoing treatments such as medications, chiropractic care, or physical therapy.
• Lost Income — Injuries such as bone fractures, traumatic brain injuries, and spinal cord damage often require extended recovery periods. If your injuries caused you to miss work, you may be able to seek damages for lost wages. Additionally, if your injuries result in long-term disability, you may also obtain compensation for:
• Loss of Earning Capacity — This compensates for your reduced capacity to earn an income in the future due to the lasting effects of your injuries.
• Loss of Future Earnings — This pays for the income you would have earned if the accident had not occurred, factoring in your career trajectory and potential for advancement.
• Non-Economic Damages — Apart from the physical injuries and financial loss, some Uber accident victims often experience significant emotional and psychological suffering. Non-economic damages aim to compensate for these intangible harms, such as:
  • Pain and suffering
  • Emotional distress
  • Mental anguish
  • Loss of enjoyment of life
  • Loss of consortium

Frequently Asked Questions About Uber Accidents

We understand that Uber accident cases can be complex and challenging. That’s why we aim to address some of the most frequently asked legal questions to help you navigate these situations more clearly.

How Much Do Uber Accident Lawyers Charge In California?

You might be thinking, “I need a personal injury lawyer for my Uber accident claim, but is it expensive to hire one?” Most Uber accident lawyers in California work on a contingency fee basis, meaning they only get paid if you win your case. This payment structure gives injured individuals the opportunity to seek legal representation without paying legal fees up front. While this payment structure covers attorney fees, clients may still have to shoulder other case-related costs. Lawyers can discuss their fees in detail and answer any questions you might have during your consultation.

What Makes Uber Accidents Different?

Uber drivers are independent contractors, not employees, which complicates determining liability. In the event of an accident, both the driver and Uber may share responsibility. However, it depends on the circumstances, the phase of the ride, and where the crash occurred, such as what happens if your Uber gets into an accident in Los Angeles. Additionally, the situation is further complicated if a third-party motorist is at fault. Experienced Uber accident lawyers can help clients work through these complexities.

Can A Passenger Sue For A Driverless Uber Ride Accident?

Yes, passengers can sue if they acquired injuries in a crash involving a driverless Uber. Just because the car is autonomous doesn’t mean no one is responsible. Liability can fall on Uber, the vehicle’s manufacturer, a safety operator, or other third parties.

There are several legal paths to prove liability:

• Negligence — This may involve a safety operator failing to intervene when needed or Uber neglecting to maintain the vehicle’s sensors or software. Since self-driving technology is still evolving, courts are still defining what counts as “reasonable” behavior in these cases.
• Negligence Per Se — If a party violates a specific law or regulation related to driverless vehicles, directly leading to an accident, they may be automatically considered negligent.
• Strict Liability — This legal doctrine may apply when a defect or malfunction in the self-driving system causes an accident. You do not need to prove negligence or intent. The manufacturer, distributor, or seller can be liable for injuries caused by a defective product, regardless of fault.
• Vicarious Liability — Uber may be held responsible for the actions of its safety operators or its control over the vehicle, especially during testing or when Uber controls the vehicle’s operation. These cases are complex, and consulting an experienced Uber accident lawyer is crucial to determine if vicarious liability applies. This is especially important if you need to sue Uber for a car accident caused by a driverless vehicle or other unique situation.

Experienced Uber accident lawyers can assess your case to determine if you need to file a lawsuit. While an insurance claim may lead to a quicker settlement, a lawsuit may be necessary if there are disputes over the settlement amount or if it doesn’t fully cover your damages.

How Long Will My Uber Accident Claim Take To Resolve?

The timeline for receiving compensation after an Uber accident varies significantly based on multiple factors. Simple cases with clear liability and minor injuries might settle within three to six months, while complex cases involving severe injuries could take one to two years or longer, especially if litigation becomes necessary.

Several factors influence your potential settlement amount:

• Severity and permanence of injuries.
• Disputes on liability.
• Quality and comprehensiveness of your evidence.
• Insurance policy limits.
• Your pre-accident health condition.
• Lost income and earning capacity.
• Jurisdiction of your case.
• Quality of legal representation.

In many cases, initial settlement offers may not be adequate to cover victims’ losses. However, an experienced Uber accident attorney knows how to determine whether a settlement is enough.

How Long Do I Have To Sue For An Uber Accident?

In California, you must file an accident claim for personal injury cases within the statute of limitations. The standard deadline is two years from the date of the accident. For wrongful death cases, the deadline is two years from the date of death.

Certain exceptions may apply. If you’re filing a claim against a government entity, you may need to act sooner due to shorter deadlines. If you discover your injuries later, the deadline for filing may be adjusted to the date of discovery. Consulting with an Uber accident lawyer can help you determine the exact deadlines that apply to your case.

Don’t Settle Your Uber Accident Claim Until You’ve Spoken To A Lawyer

If you sustained injuries as a passenger, you may be eligible for compensation through the company’s third-party liability insurance. This coverage applies as long as you booked the ride through the Uber app, website, or an approved third-party service that logs the trip in Uber’s system.

Uber accident cases involve unique legal challenges and strict deadlines. Witnesses may forget critical details, and evidence may vanish. Our Uber accident attorneys can gather evidence, speak to witnesses, and comply with all legal requirements. We stay ahead of these issues to help preserve the strength of your claim.

Call us at (888) 488-1391 or complete our online form for a free, no-obligation consultation. We’ll review your claim, explain your legal options, and develop a personalized strategy that meets your case needs.

We offer legal services to injury victims throughout California, including San Diego, Riverside, San Jose, Sherman Oaks, Pasadena, Sacramento, Los Angeles, and San Francisco.