Essential Tips for Filing a Uber Accident Claim

If you’ve suffered injuries in a rideshare accident, you may be entitled to monetary compensation. You can file a claim for the damages you’ve incurred by following these steps:

  • Thoroughly Document the Uber Accident
  • Get a Rideshare Accident Lawyer
  • Give Your Legal Team Time to Work
  • File Your Complaint

Were you involved in an accident with an Uber?

Being involved in a car accident with an Uber can make obtaining a fair settlement for damages more challenging. Whether you were driving another vehicle and collided with an Uber driver or you were an Uber passenger who sustained injuries, seeking assistance from a car accident lawyer in San Jose is crucial. They can help you navigate the legal complexities surrounding the accident and ensure that your rights are protected.

Every law firm is different, and at The Swanson Law Group, our team of lawyers are truly extraordinary. We do not compromise with insurance companies. Read a few of our insurance letters to understand our approach.

Who is liable for an Uber accident?

Determining liability is the initial step in filing an injury claim or lawsuit. This involves investigating specific facts in the collision. An Uber driver is required to carry their own auto insurance, and Uber only covers the driver under particular situations.

While working for Uber, drivers may or may not be covered, depending on whether the driver is logged onto the Uber app when the accident occurred and whether they were looking for a passenger or transporting a passenger.

California law and Uber

State lawmakers have passed laws specifically for rideshare companies. Under the California Public Utilities Code, Division 2, Chapter 8, Section 5433, the insurance covering Uber itself is in play from when the driver accepts a ride request until the driver completes the transaction on the Uber app — or until the ride is complete, whichever is later. 

What is the process for filing a claim for an Uber accident in San Jose?

After an injury involving an Uber, there are essential steps that an experienced Uber accident attorney in San Jose considers:

  • Determine if the Uber driver was logged onto the app or operating the vehicle personally.
  • Confirm coverage under their auto insurance.
  • Address other legal issues relevant to filing a claim or lawsuit.
  • State law requires Uber to conduct comprehensive background checks on drivers.
    Certain convictions, such as DUI, misdemeanor assault/battery, domestic violence, and violent felonies, disqualify individuals from driving for Uber.
  • It may be necessary to investigate if the driver met the legal criteria to drive for Uber.
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Insurance Coverage provided by Uber for Drivers

The coverage provided by Uber covers $1,000,000 for death, personal injury, and property damage. This insurance also covers the driver from the time of logging onto the Uber app but who is not yet engaged in transporting a passenger — but at lower limits, with $50,000 for death and personal injury per each injured person, $100,000 for death and personal injury per incident, and $30,000 for property damage. An additional $200,000 in liability insurance is provided to cover the driver.

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Types of injuries in Uber accidents

Any car accident is a frightening experience. Sadly, auto accidents continue to be one of the most common causes of serious, catastrophic, or fatal injuries. Some of the most common types of injuries sustained in auto collisions include:

  • Broken bones
  • Head injuries
  • Neck injuries
  • Back injuries
  • Brain injuries
  • Spinal cord injuries
  • Internal injuries
  • Soft tissue injuries
  • Amputations
  • Disfiguring injuries
  • Fatal injuries

Valuing an Uber accident case

At The Swanson Law Group, our Uber accident attorneys in San Jose look deep into every case when determining the amount of compensation to pursue in a settlement or lawsuit. The damages pursued include but are not limited to:

  • Immediate and future medical costs
  • Lost wages due to the inability to work
  • Rehabilitation
  • Lost earning capacity
  • Pain and suffering
  • Loss of quality of life

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We take an aggressive approach to get you justice

When you need a lawyer to assist you in recovering compensation, you want to make the right choice. At The Swanson Law Group, you will discover a unique law firm that has achieved uncommon results. Here are just a few of the victories we have achieved for our clients:

  • $5,000,000: Vehicle accident 
  • $4,400,000: Vehicle accident 
  • $3,600,000: Wrongful death

While we cannot promise similar results, you can trust that our team of attorneys is ready to take on the insurance company with a no-compromise approach.

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A progressive attitude and spirit: The Swanson Law Group's difference

At The Swanson Law Group, we are deeply committed to our clients at every phase of the legal process. We provide access to a network of excellent physicians and specialists who can administer treatment and care without requiring payment until the case is settled — and that is just one aspect of our dedication to superior, ongoing client service.

Our talented, loyal, and personable legal team of Ben Swanson, Esq., Zaneta Conroy, Esq., Greg Schaffer, Esq., and Ethan Niedermeyer, Esq. is responsible for achieving remarkable victories in challenging cases. Our firm has mastery over what is needed to help clients recover from injuries. We understand the value of the loss, and we are delighted to have an insurance company pay full value at trial. We do not compromise.

Contact us for your free case consultation

We invite you to call us and tell us your story in a free case consultation. Goal number one is to make a connection so you know immediately that we understand what you’re going through. Goal number two is to understand your injuries so that you can have access to excellent doctors and start getting better. All cases are taken on a contingency fee basis, which means you owe us zero legal fees unless we are successful. Call now.

Our approach to negotiating settlements with insurance companies

Read the excerpt below from one of our insurance letters to get a glimpse into our approach when it comes to negotiating a settlement:

“Got your letter. Your company has had more than enough information to reasonably determine that the value of this case far exceeds the available policy limits of your insured. Attached are my last two one-level fusion surgery cases the carriers allowed to go to a jury. Neither case had a wage-loss component, and both verdicts were over 3.8M. This letter will serve as my client’s final policy-limits demand. It expires in 15 days. I appreciate that we live in different spheres. One of the habits that most carriers develop is to undervalue cases until it is too late. Capitalizing on this mistake has allowed me to obtain financial freedom. Attached is a good illustration. Lauren is now dealing with a neck fusion case. My opening demand at mediation next month will be $7.5M. Will you be the latest Lauren? Fail to meet my demand if you wish to find out.” 

FAQs 

What immediate steps should I take following an Uber accident, and how can I protect my rights?

Is Uber liable for accidents involving their drivers, and what factors determine their responsibility?

What insurance coverage does Uber provide for passengers and drivers in the event of an accident, and how does it impact potential claims?

Can I seek compensation for injuries sustained in an Uber accident, and what steps are involved in filing a claim?

Can I sue Uber for an accident, and how can legal representation help in such cases?

What steps should I take if I was a passenger in an Uber accident, and how can legal representation help protect my interests?

How does Uber's background check process impact accident cases? What role does it play in determining liability?

What are the critical differences between Uber's insurance coverage and personal auto insurance in accident cases, and how does this impact potential claims?

What are the time limits for filing a claim after an Uber accident?

What are the potential challenges in navigating the legal process after an Uber accident?

What immediate steps should I take following an Uber accident, and how can I protect my rights?

Following an Uber accident, prioritize your safety and seek medical attention for any injuries. Gather essential information, including the Uber driver's details, witness contact information, and accident scene photos. Report the incident to Uber and consult with a knowledgeable personal injury attorney to safeguard your legal rights and explore options for seeking compensation for damages.

Is Uber liable for accidents involving their drivers, and what factors determine their responsibility?

Uber's liability for accidents involving their drivers can depend on various factors, including whether the driver was actively engaged in rideshare activities, such as transporting passengers or en route to pick up a passenger. Understanding the nuances of Uber's liability and the specific circumstances surrounding the accident is essential for potential legal action.

What insurance coverage does Uber provide for passengers and drivers in the event of an accident, and how does it impact potential claims?

Uber offers liability coverage for drivers and passengers, encompassing bodily injury and property damage. This coverage extends from when the driver accepts a ride request until the ride concludes in the app or when the passenger exits the vehicle. It is crucial to understand the implications of Uber's insurance coverage and its impact on potential claims.

Can I seek compensation for injuries sustained in an Uber accident, and what steps are involved in filing a claim?

If you've suffered injuries in an Uber accident, you may be eligible to seek compensation for medical expenses, lost income, pain and suffering, and other damages. Filing a claim involves gathering evidence, documenting injuries, and negotiating with insurance companies.

Can I sue Uber for an accident, and how can legal representation help in such cases?

In certain circumstances, it may be possible to pursue legal action against Uber for an accident, particularly if the company's negligence or failure to uphold safety standards contributed to the incident. The decision to sue Uber requires a thorough assessment of the specific details surrounding the accident.

What steps should I take if I was a passenger in an Uber accident, and how can legal representation help protect my interests?

If you were a passenger in an Uber accident, prioritizing your well-being is crucial. Seek medical attention for any injuries and report the incident to Uber. Gathering information about the driver and the accident scene is also important. Consulting with The Swanson Law Group can provide valuable legal guidance and protect your interests while seeking compensation and navigating the legal implications of being involved in an Uber accident.

How does Uber's background check process impact accident cases? What role does it play in determining liability?

Uber conducts background checks on its drivers as part of its effort to ensure passenger safety. In the event of an accident involving an Uber driver with a relevant criminal history, such as DUI or violent offenses, Uber's screening process and the driver's qualifications may become central to the legal proceedings.

What are the critical differences between Uber's insurance coverage and personal auto insurance in accident cases, and how does this impact potential claims?

Uber's insurance coverage differs from personal auto insurance because it provides specific coverage for drivers and passengers during rideshare activities. Understanding the distinctions between Uber's insurance policy and personal auto insurance is essential when seeking compensation for injuries or damages resulting from an Uber accident.

What are the time limits for filing a claim after an Uber accident?

The time limits for filing a claim after an Uber accident can vary depending on the location and specific circumstances of the incident. It's essential to consult with a legal professional to understand the specific deadlines that apply to your situation. Legal representation can help ensure compliance with these time frames by providing guidance on the relevant statutes of limitations, gathering necessary evidence, and navigating the claims process efficiently. Rest assured, at The Swanson Law Group, we have the experience and wisdom to guide you every step of the way.

What are the potential challenges in navigating the legal process after an Uber accident?

Navigating the legal process after an Uber accident can present various challenges, including dealing with insurance companies, understanding complex regulations, and negotiating fair compensation. The Swanson Law Group in San Jose specializes in handling Uber accident cases and can provide invaluable support in overcoming these obstacles. From gathering evidence to advocating for your rights, their experienced team can guide you through the legal complexities, ensuring you receive the support and representation needed to pursue a successful resolution after an Uber accident.

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