Rideshare services like Uber have changed how people travel in major cities worldwide. But while such services offer various benefits, some risks still persist, including traffic accidents, as is the case with many activities on the road. There are no particular scientific laws governing Uber accidents.
They could involve anyone, including the driver, passenger, pedestrians, or all the above, no matter how cautious you are. Learning how to act in such situations is essential.
The California rideshare act insists that victims should consider their insurance first following injuries from an accident. The 2019-2020 Uber safety report shows that around 91 fatal accidents were reported, and the number of deaths was about 101.
If you happen to be a San Jose resident, for instance, and have been in a rideshare accident, following proper steps, including speaking to a San Jose rideshare lawyer, is essential. The success of your case depends on the steps you take right after your accident. Here’s what you need to know:
Have the driver pull over to a safer spot and call 911
It can be tough to keep calm after an accident. You may even be tempted to leave the scene if you suspect you will be blamed. Nothing will make you look more guilty. In such situations, the best thing to do is dial 911 so the dispatcher can send emergency responders and the police.
They will provide emergency medical help and record your injuries and the incident. They may also recommend you go to the hospital.
Go to a hospital
If the emergency responders recommend it, go to a nearby hospital or clinic immediately. Some injuries may be life-threatening. The sooner you get treatment, the better the chances of survival.
You can move to the next steps if you don’t need immediate medical attention. But ensure to visit the hospital after you are done at the accident scene. Delaying your hospital visit until your condition worsens can damage your chances for a successful claim.
The defense may argue that you delayed going to the hospital because you weren’t seriously injured or your condition wasn’t even caused by the accident. Going for treatment so doctors can take scans, record, and treat your injuries provides evidence for a strong case. Please, tell your doctor how you feel, and don’t forget to mention any injuries or pain, even if they are small.
Collect evidence and speak with eyewitnesses
The first responding officers will gather various information and evidence from the scene but don’t think it will be enough to build your case. Collect some yourself, too, if you can. Take pictures and videos of the accident scene, injuries sustained, damaged vehicles, debris, etc. Talk to eyewitnesses to get filler information.
Eyewitnesses are people who might’ve seen the accident. They can help support your claim, so get their contacts and names. Also, talk to the responding officers to know if they’ll make an official report so you can get a copy.
Police reports aren’t admissible in California courts but help establish a basis for liability and also identify and track witnesses.
Talk to Uber
Uber maintains a million-dollar insurance policy for such matters. Usually, the claim is handled by one of their insurers. It could be Allstate, Liberty Mutual, Progressive, etc. They will send their adjuster to investigate and determine damages. The timing of the accident matters.
Uber insurance only applies if the driver was online during the accident. Otherwise, you need to deal with the driver’s personal insurer, and that can be a pain if they have none.
Accidents that happen when the driver is online but not actively carrying passengers are covered under the rideshare’s third-party insurance. Just ensure to notify the company in time lest they find excuses to wriggle out of paying the claim.
Talk to a lawyer
You should hire a qualified rideshare accident attorney to get the rightful compensation you deserve. An unaffiliated attorney will provide better and more trustworthy representation. They will collect evidence, determine damages, and build a strong case.
