Injured in an Uber accident or any other ridesharing accident? It is important to know your rights as passenger. Under state law, you are able to collect compensation from the “at-fault” driver and their insurance company. Unlike other accidents, however, who is liable for your accident isn’t always immediately clear in the aftermath. If your accident involved a driver who was “on-the-clock” when the accident occurred, you won’t necessarily file a claim with the driver’s insurance policy. Instead, Uber’s $1.5 million umbrella policy should cover all of your injuries and damages.
While this process may seem cut and dry, establishing liability after an Uber accident is tricky. These are the five important things you need to keep in mind if you suffered an injury in an Uber Accident.
1. Seek Medical Attention
Your health is always the first priority when it comes to auto accidents. Even if you do not feel injured, it is best to have a medical professional complete a thorough exam. Some injuries can take days or weeks to become fully apparent. Get the medical treatment you need first. The medical records from your treatment will also help strengthen any claims you make later.
2. Report Your Accident Immediately
It is important to report your accident immediately to both the police and Uber. If you are able, stay on the scene and complete an official police report. This report will be critical evidence in your claim. Once the police clear you to go home, file an insurance claim directly with Uber. Do not go into details, do not apologize for anything. Keep your interaction short and only give the necessary details. The insurer may try to use your words against you.
3. Numerous Parties May Be Liable
If you suffer an injury in an Uber accident, numerous parties may be responsible for your accident. As such, there are four possible insurance policies that could cover your medical expenses, lost wages, and damages:
- A third-party motorist’s insurance company
- The Uber driver’s liability policy
- Uber’s liability policy
- Uber’s uninsured/underinsured motorist policy
4. Pedestrians Face an Uphill Battle
When an Uber driver collides with a pedestrian, that injured pedestrian may not always file a claim with Uber. Uber is only liable for accidents that occur while their driver is transporting a passenger or paired with a passenger. If the driver was not logged into the app and working at the time of the accident, then the driver’s personal insurance policy would be the primary payer. Due to the specific complexities of pedestrian accidents involving ridesharing vehicles, it is important to contact an attorney to represent you after your accident.
5. Know Your Passenger Rights
If you use Uber or another ridesharing service, it is important to know your passenger rights.
- Right to a Safe & Newer Vehicle – Every vehicle authorized for passenger transport must not be older than 10-years-old. You can refuse the ride if your driver arrives in an old or improperly working vehicle.
- Right to a Seat Belt for All Passengers – All Uber rides must provide a working seat belt for all passengers. If the Uber driver’s vehicle is missing seat belts or the seat belt do not work, you have the right to refuse the ride.
- Right to a Sober Driver – If you suspect that your driver is driving intoxicated or under the influence of drugs, you should report the driver and refuse the ride. Never ride in a car with someone who has been drinking.
- Right to Personal Space – All passengers have the right to personal and private space. If a driver is harassing you, making inappropriate comments, or flirting, then you have a right to refuse the ride and report the driver.
- Right to Safety – If your driver is driving in an unsafe manner – such as speeding, road rage, or reckless driving – then you have a right to refuse the ride, and you should report the driver. The customer support team at Uber should follow up with you immediately.
Injured in a Ridesharing Accident in Texas?
If you suffered an injury in an Uber or Lyft accident here in North Texas, it is important to know your rights. At David K. Wilson & Associates, Attorneys at Law, our Texas ridesharing accident lawyers have the experience and resources needed to win these types of cases. We fight tirelessly for passenger rights and hold negligent drivers responsible for their actions. Contact our law firm today fill out our confidential contact form and someone will call you back.