Filing Uber Accident Claims in California

Sep.02.2019
Articles

A car accident is probably the furthest thing from your mind, especially when you’re not even the one who’s driving.

If you’ve called an Uber for a lift, being involved in a crash is likely the last thing you’d expect.

But Uber accidents do happen, and sometimes, passengers can suffer injuries as a result.

In the same vein, it’s possible for a negligent Uber driver to hit you while you’re operating your own vehicle, riding a bike, or acting as a pedestrian.

Either way, if you’ve been in an Uber accident in California, understanding the protocol for filing an Uber accident claim is important.

At the office of Starpoint Law, our experienced Uber car accident attorneys can assist you in the process and guide you through what you need to know.

For a consultation with our lawyers, please call us today.

What to Do After an Accident with an Uber Driver

If you are involved in an accident with an Uber, whether you are a passenger within the Uber driver’s vehicle or you are operating or riding within a separate vehicle, or acting as a pedestrian, bicyclist, or motorcyclist at the time of crash, knowing what to do immediately following the accident can prove helpful.

Stay calm. It can be difficult to remain calm in an accident, especially if you have been injured. Try to take a few deep breaths to slow your heart rate and get blood to your brain - this will help you to think more rationally. After you have taken a few deep breaths and feel calmer, move on to the next steps.

Check for injuries. It’s important to make sure that no one involved in the accident--including yourself--has suffered severe injuries that demand emergency medical attention. If there are any serious injuries, do not hesitate to call 911 and request an ambulance. Even if you do not appear to be seriously injured, you should seek medical care within 24 hours of the accident.

File an accident report. Even if no one has been seriously injured, call the police to report the accident may still be a good idea. Indeed, California law requires that an accident is reported to the police when anyone is injured or property damage exceeds $750. Reporting the accident is wise, regardless of the law, because it provides documentation of the accident that may be necessary when filing an insurance claim.

Get all involved parties’ information. Before you leave the scene of the accident, you should be sure that you have all the relevant parties’ information. This includes the name of the Uber driver, the make and model of the Uber vehicle, the Uber driver’s insurance information and license plate and driver’s license number, and the names and contact information of any witnesses to the accident.

Report the accident to your insurance company and to Uber. As soon as you are able, and hopefully within 24 hours of the accident, you should call your insurance company to provide notice of the accident and contact Uber to report the accident.

Who Pays for Damages in an Uber Driver Accident?

After you have completed the above steps, the next thing you should do is familiarize yourself with the car accident claims process in California and learn more about who’s responsible for paying for damages that result from an Uber-involved accident.

First, remember that the amount of damages that a party is able to recoup in a car accident settlement is dependent upon the types and amounts of insurance coverage available.

In California, all drivers are required to carry liability insurance in the following amounts:

$15,000 for injury per person;
$30,000 for injury per accident; and
$5,000 for property damage.

What’s more, Uber vehicles in the state are required to carry primary third-party liability insurance that offers coverage in the amount of $50,000 per individual and $100,000 per accident, as well as an additional $200,000 in excess liability coverage.

This is in addition to the coverage that Uber offers for their drivers who have accepted a ride and are en-route (up until the period that the rider is dropped off) of $1 million in liability coverage and $1 million in uninsured/underinsured motorist coverage.

This means that if you are in an accident with an Uber vehicle, there should be numerous different insurance options available to you.

How Does Fault Affect a Settlement?

In addition to the types and values of insurance policies available following an Uber accident, another important consideration is at-fault.

To be sure, California is an at-fault car insurance state, which means that drivers who are at fault for a car accident are responsible for paying for damages that result.

If the Uber driver was at fault, then that’s driver’s insurance coverage (either personal coverage or Uber coverage depending upon whether or not the driver was logged in to the app and was en route) will be responsible for damages; if you were a passenger in an Uber vehicle and another vehicle struck the Uber and the accident was caused by the driver of the other vehicle’s fault, then that driver’s insurance coverage will pay for your injuries; if you were at fault for the accident, then you will need to turn to your own coverage for compensation (Personal Injury Protection--PIP--coverage, if you have it).

Do I Need an Uber Accident Lawyer?

Because there are many different players involved in a typical Uber accident, determining fault and liability can be complicated.

What’s more, even when the fault is obvious, insurance companies are interested in saving money, and therefore reducing a plaintiff’s settlement to the greatest degree possible.

For these reasons and others, working with an Uber accident lawyer is always recommended. At the office of Starpoint Law, we have lawyers who are experienced in car accident law and Uber claims, and who are passionate about making sure our clients receive the largest possible settlement awards.

If you have been in an Uber car accident, you need an Uber accident claims attorney on your side.

Please call us today to schedule your free consultation.

Aidin Ghavimi

Aidin is a partner at Starpoint LC, Attorneys at Law, and focuses on personal injury and employment law cases in and around Southern California. He earned his Juris Doctorate from the Loyola School of Law and his Bachelor’s from USC. Aidin’s primary goal is to bring justice to his clients and to ensure they are able to move on with their lives after a serious injury.