These days, hopping into an Uber is as easy as tapping a button on your phone. But what happens when that Uber ride takes a turn for the worse, and you find yourself in an accident? Suddenly, the convenience of ridesharing is overshadowed by the confusion and uncertainty of what to do next.
Who do you call? Is it Uber’s insurance or the driver’s? How do you report the accident, and will your medical bills be covered? These are the questions that can leave you feeling lost and overwhelmed in the aftermath of an Uber accident.
Don’t worry, though. In this blog post, we’ll cut through the confusion and give you a straightforward guide on how to file an Uber insurance claim.
Uber offers its San Diego customers several levels of coverage depending on the driver’s status at the time of the accident.
It’s worth noting that California compels Uber to provide primary insurance coverage from the moment a driver accepts a ride request until the ride is completed.
In addition to liability coverage, Uber provides contingent comprehensive and collision coverage for its drivers in San Diego.
This policy attaches to the driver’s personal comprehensive and collision coverage.
Understanding these limitations ensures potential claimants acquire adequate insurance to fill any coverage gaps before using Uber ridesharing services.
Sometimes, the at-fault driver in a San Diego Uber accident may not have sufficient insurance coverage to compensate the victim for their damages fully.
Uber provides UM/UIM coverage for its drivers and passengers during Uber trips. The coverage applies when another driver is at fault for an accident and doesn’t have enough insurance. Uber’s UM/UIM coverage is $1,000,000.00 and applies from teh time a passenger enters the driver’s vehicl until they exit.
In these situations, uninsured/underinsured motorist (UM/UIM) coverage plays an important role.
An experienced San Diego Uber accident attorney can help you figure out the complexities of UM/UIM claims and fight for the compensation you deserve.
Your priority should be to seek medical attention after an Uber accident in San Diego, even if your injuries seem minor.
Some injuries may not present symptoms immediately, so you’ll need to get checked out by a medical professional to ensure your well-being and to establish a record of your injuries.
Next, report the accident to Uber through the app and obtain an incident report number. This step is important for documenting the accident and initiating the claims process.
Document the scene with photos of the vehicles, damage, and any visible injuries. Also, obtain contact information from witnesses who may have seen the Uber accident.
Contact the police to file an official accident report, which can serve as valuable evidence in your claim.
California is an at-fault state, which means that the party responsible for causing the accident is liable for the resulting damages (Cal. Veh. Code § 17150).
Common causes of Uber accidents include:
Evidence such as police reports, witness statements, and traffic camera footage are also invaluable in proving liability.
It’s important to note that California follows the doctrine of pure comparative negligence, which means that if Uber’s insurance carrier finds you partially at fault for the accident, it may reduce your settlement award proportionately.
After an Uber accident in San Diego, you’ll need to file a claim with either Uber’s insurance carrier or the at-fault driver’s personal insurance, depending on the circumstances of the accident.
When filing your claim, you can ask for compensation to pay:
It’s very important that you do not accept an early settlement offer from the insurance company before knowing the full extent of your injuries.
Insurance adjusters often try to settle claims quickly and for as little as possible, so it’s best to consult a personal injury attorney to help you assess your present and future damages.
California’s statute of limitations for most personal injury lawsuits, including Uber accident claims, is two years from the accident date (Cal. Code Civ. Proc. § 335.1).
Therefore, you must make a claim as soon as possible to avoid losing your right to seek compensation.
Special circumstances may sometimes extend the standard statute of limitations, but it’s best not to rely on these exceptions.
In November 2020, California voters passed Proposition 22, which classified app-based drivers, including those working for Uber, as independent contractors rather than employees.
This classification has implications for insurance coverage and liability in an accident.
As the legal scene surrounding rideshare driver classification evolves, San Diego Uber accidents should stay informed and consult with experienced personal injury attorneys who understand these complex issues.
Working alone on a complex legal case that follows an Uber accident can be overwhelming, especially when you’re dealing with injuries and mounting expenses.
San Diego personal injury lawyers provide invaluable assistance in the claims process by:
Working with an experienced attorney lets you focus on your recovery while knowing that a professional is always protecting your claim rights.
If you’ve been injured in a San Diego Uber accident, take the proper steps to ensure you receive the full settlement you deserve.
Schedule a free consultation with our rideshare accident lawyers at DP Injury Attorneys in San Diego. The sooner you reach out, the better your chances are of holding negligent parties accountable and securing the insurance settlement you need to rebuild your life.
Arthur Paul D’Egidio is the Managing Partner of DP Injury Attorneys, a San Diego personal injury law firm. With more than 12 years of experience in California injury law, he has dedicated his practice to representing clients in a wide range of personal injury matters, including car accidents, workers’ compensation, slip and falls, catastrophic injury, and wrongful death cases.
Arthur received his Juris Doctor from the Thomas Jefferson School of Law and is a member of the State Bar of California as well as the San Diego County Bar Association. He has received numerous accolades for his work, including being named a Super Lawyer for seven straight years by Thomson Reuters and a “Top 40 Under 40” by the National Trial Lawyers.
