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Frequently Asked Questions

Learn more about what to expect and what you can do to better protect yourself by checking out the FAQs below:

How Quickly Should You File Your Claim?

There is a statute of limitations to keep in mind when it comes to personal injury claims. The good news is that you are given ample amount of time to act if you are a resident of California.

The law gives you up to two years to file your claim from the date of the incident. Take the time to recover properly from any injuries you may have sustained before moving to the next step.

Should You Provide the Details of the Accident to Uber?

You must be careful if you decide you want to share the details of your accident with Uber before consulting with the authorities or your lawyer. It’s important to keep in mind that Uber is a business, and they are not inclined to offer sizable payouts to anyone making a claim. 

There’s a risk that you may lose the opportunity to receive any compensation from the accident if you talk to Uber before consulting with a car accident lawyer.

Can You Still File a Personal Injury Claim if the Accident Was Partially Your Fault?

You can indeed still pursue a personal injury claim even if the investigators have determined that you were partially to blame for the accident. The only caveat is that the amount of compensation you receive may be affected by how much blame is thrust on to you.

Compensation will decrease as the amount of blame you have to shoulder increases.

Do You Need a Lawyer to Receive Fair Compensation?

Technically speaking, hiring a lawyer is not necessary in order to receive compensation. However, the odds of you being rewarded with the right amount will plummet without the help of a lawyer.

Insurance companies will fight tooth and nail to avoid giving out a large payment. They may even trick you into accepting a settlement that compensates you unfairly.

Protect yourself from the nefarious practices employed by many insurance companies by hiring an experienced lawyer.

Shouldn’t I Just Handle The Insurance Claim On My Own?

You might think that your car accident claim is relatively straightforward and that it should be simple to recover the compensation you deserve. Maybe you are concerned that hiring a car accident attorney in California would be too expensive and you would prefer to minimize costs by handling the case on your own.

The truth of the matter is that people who hire legal representation for an injury claim will nearly always end up recovering more compensation than those who don’t. The lawyers at Krasney Law know how to prepare your case with compelling evidence to support your claim and we have experience engaging in aggressive negotiations. If the insurance company refuses to pay you the amount you deserve, our attorneys will not hesitate to take your case to trial and help you. We even offer free consultations to asses your case to see if it is worth fighting for.

What Should You do as a Passenger After Your Uber Driver Gets into an Accident?

As mentioned earlier, you can speak to Uber right away following an accident, but there’s a chance they may use your words against you to protect themselves from any liability.

After the accident, call 911. Ask for paramedics if anyone is hurt at the scene. Avoid trying to treat anyone yourself because you open yourself up to liability. If you don’t think anyone is hurt, you can still call 911 and ask for police to come to the scene. 

While waiting for the police to arrive, you can talk to your Uber driver and ask about insurance information. Remember that the information you need is not from the driver’s personal policy. You should be seeking the details of Uber’s policy instead.

Start talking to the police when they get there and share what happened from your perspective. Once you’ve offered your testimony, you can ask for the names, badge numbers, and contact details of the officers. They may help you out if Uber’s insurance is hesitant to compensate you despite the legitimacy of your claim.

You should remember to list down the name and number of your Uber driver. It’s also a good move to talk to the other people involved in the rideshare accident and ask for their contact details.

Booking an appointment with your doctor is also a must. Even if the symptoms don’t show up right away, there’s still a chance there are injuries because of the accident. You can find that out by consulting with your doctor.

Wait for the results to come back from your doctor, and if he decides you did sustain injuries because of the accident, you should include that in the insurance claim you file.

Expect Uber’s lawyers to make recouping compensation for what happened as difficult as possible for you. Counter that by hiring a good lawyer who has experience dealing with the ride-sharing services operating in the country.

To recap, here’s what you should do as the passenger if your Uber driver is involved in an Uber accident:

  • Call 911
  • Obtain Uber’s insurance information from the driver
  • List down the Uber driver’s name and contact details
  • Talk to the police and share what happened from your perspective
  • Get the names, badge numbers, and contact details of the responding police officers
  • Go to your doctor to get checked
  • Contact a lawyer
  • File your insurance claim

How Much Compensation Should You Expect to Receive?

Compensation will change depending on how badly you were affected by the accident. You may stand to receive compensation for damage done to your vehicle, your medical expenses, lost wages, as well as pain and suffering.

Furthermore, the person at fault for the accident may be ordered to pay more if they were intoxicated at the time it took place.

What Damages Can You Receive Following an Accident?

As noted previously, the compensation you get may account for your pain and suffering, medical bills, lost wages, and property damage, but that’s not all. The court may also ask the offending party to pay more as a way to teach them to be more responsible the next time around. These so-called punitive damages can increase the amount of compensation you ultimately receive.

What Should You Do If Someone Hits Your Car?

Those who have been victims of car accidents before will already know what they need to do if they get into a car accident.

You can start by checking yourself and others in the car with you for injuries before exiting your vehicle and seeing if the people in the other car are okay. Next, you can call 911 to ask for paramedics or request the police to go to the scene of the accident.

During the wait for the paramedics and/or police, you can exchange insurance information with the other driver. You should also warn other motorists that an accident has taken place by turning on hazard lights.

After the police officers show up, talk to them and share what you know. Write down the names, badge numbers, and contact details of the police officers.

Gather evidence yourself by identifying the car, figuring out your location, and recording any other relevant details. Take pictures of the accident and record videos too.

Finding witnesses who saw what happened and capturing their testimony on video or audio will be helpful. Before heading home, make sure that you complete the accident report.

Schedule a doctor’s appointment next for them to examine you and wait for the results. 

Once you do all that, contact your lawyer and start the process of filing your insurance claim. 

To recap, here’s what you should do as the driver of a car in California:

  • Check the condition of yourself and others in the car
  • Call 911 to ask for paramedics/and or police
  • Obtain the driver’s insurance information and contact details
  • Warn other motorists of the accident scene
  • Talk to the police
  • Write down the names, badge numbers, and contact details of the police officers
  • Gather evidence
  • Accomplish the accident report
  • Schedule a check-up with your doctor
  • Contact your lawyer before filing your insurance claim

When Should You Reach Out to a Lawyer?

Contacting a car accident lawyer as soon as possible is ideal in the wake of an accident. Do not interact with the offending party’s insurance provider before speaking to your lawyer because they may just try to get you to agree to a settlement that favors only them.

You will likely need to go to the doctor soon after your accident, but once that’s done, call your lawyer right away.

What Does Uber Say?

Before we go any further, let’s first examine what Uber has to say regarding accidents.

If you’re going by their guidelines, you should go to their app as soon as an accident takes place. They have a page in the app they dedicate to reporting issues with a trip. 

The page in question is “Trip Issues and Fare Adjustments.” From there, you can choose the “I was in an accident” option. After selecting that option, Uber will ask you to provide important details related to the trip.

You can also expect someone from Uber to reach out to you to confirm that everyone is okay while seeking important information.

Who is Liable if You’re the Passenger When Your Uber Driver Gets into an Accident?

Uber drivers have a greater incentive to stay safe on the road because it’s their livelihood. As we’ve already noted, though, all the skills and experience in the world cannot guarantee that a driver will not be involved in an accident.

So, let’s say that you do get into an accident that involves an Uber driver. Who would they hold accountable for the accident? The answer to that question is quite complex, but there are some important factors that you can refer to if you want to figure out what will happen next.

Let’s start by discussing a simple scenario:

You’re in the middle of your Uber ride on the way to your office or whichever other location you frequent when your driver suddenly crashes into another car. It certainly appears from your perspective that your driver is the one at fault for the incident.

Does this mean that your driver is to blame?

In a sense, yes. Your driver’s actions are what caused the accident, so you can blame him/her for what happened. 

However, the Uber driver is not the one who will be compensating you for any injuries or damages to your property that may have resulted from the accident. Because the driver is on-duty, the one who will be liable for the accident is Uber itself.

Uber is the party liable for any accidents the driver causes as long as your trip is still ongoing.

By the way, this is also the case if you are a pedestrian. As long as the accident took place while the driver was on-duty, you must approach Uber if you want to receive compensation for what happened.

What Recoverable Damages Can You Receive?

Should you decide not to agree to a settlement and push through with your claim, they could compensate you fairly. You could receive compensation for loss of opportunity to work, lost wages, lost time, medical expenses, pain, and suffering, as well as property damage.

That’s a lot of potential compensation that you could surrender if you agree to a settlement crafted by Uber and their insurance provider.

Who is Liable if an Uber Driver Hits Your Car?

Uber passengers will always need to file their claims against the company’s insurance if they are ever involved in an Uber accident. Things are not quite as simple if you’re someone whose car was struck by an Uber driver through no fault of your own.

Liability, in that case, will hinge on whether the Uber driver was on-duty.

If the app was off, that means the Uber driver is liable for the accident.

If the Uber driver was transporting a passenger, is picking one up, or even if the app was on, that means Uber will be liable for the accident.

Reach Out To Experienced Car Accident Lawyers

Companies will always do what they can to protect their profits, so don’t be surprised if they try all kinds of methods to invalidate your claim. Coming off an accident, you may not be in the shape to handle the stress of the upcoming legal battle. Call on Krasney Law for assistance and let them handle this matter for you. Their highly skilled and experienced lawyers know how to deal with large companies and you can rest easy knowing they are on the case.