Coverage for Uber accidents varies depending on the driver’s status at the time of the collision, which can make filing a claim more challenging. At Vaziri Law LLP, our Uber accident lawyers in Los Angeles have extensive experience handling a wide range of rideshare cases.
Determining which insurance policy applies requires a thorough understanding of the laws and policies surrounding rideshare companies. A rideshare accident lawyer in Los Angeles from Vaziri Law LLP works closely with clients to seek compensation.
Contact us to schedule a free case consultation.
Independent Contractors and Uber Accident Claims
Uber classifies its drivers as independent contractors, which has a significant impact on accident claims. This is because Uber drivers are technically not employees, so the company is able to limit its liability for accidents.
Limited liability coverage can make it more difficult for victims to hold Uber accountable for rightful compensation. Despite this, Uber is required to provide auto insurance for drivers under certain circumstances. The type of coverage depends on the driver’s status at the time of the accident, such as whether the app was on or off.
Insurance providers often dispute claims in cases involving independent contractors, arguing over which policy applies or shifting responsibility to the driver’s personal insurance.
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Why You Need to Hire a Los Angeles Uber Accident Lawyer
Having a Los Angeles personal injury lawyer who possesses experience with rideshare accidents, particularly involving Uber, can help when filing a claim. Our Uber accident attorneys can take the weight of the legal process off your shoulders in a variety of ways.
An Attorney Understands How Various Laws Apply to Your Case
California Senate Bill No. 371 (SB 371) introduces significant updates to the insurance coverage requirements for transportation network companies (TNCs) and their participating drivers.
Lowered Uninsured/Underinsured Motorist Coverage Limits
SB 371 reduces the uninsured motorist (UM) and underinsured motorist (UIM) coverage requirements from $1,000,000 to $60,000 per person and $300,000 per incident.
This coverage applies from the moment a passenger enters the vehicle until they exit, and the TNC is responsible for ensuring that the required coverage is in place, whether through its own policy or a verified driver-provided policy that meets statutory requirements.
Primary Insurance Coverage for Active Rides
TNCs must maintain primary insurance coverage of at least $1,000,000 for death, personal injury, and property damage during the period when a driver has accepted a ride request until the ride is completed.
Insurance Coverage for App-Logged Periods Without Passengers
From the moment a driver logs into the TNC’s app but has not yet accepted a ride request, and after completing a ride, the following minimum insurance coverage is required:
- $50,000 per person for death or personal injury
- $100,000 per incident for death or personal injury
- $30,000 for property damage
- An additional $200,000 in excess liability coverage
Verification of Driver-Provided Insurance
If a driver maintains their own insurance to fulfill any part of the TNC’s coverage obligations, the TNC must verify that the policy specifically covers driving connected to the TNC’s platform.
Independence From Personal Auto Insurance
TNC insurance policies must operate independently of the driver’s personal auto insurance. A claim cannot require denial from a personal auto insurance policy before the TNC’s coverage applies.
A Los Angeles Uber accident attorney can help review the applicable coverage and file a claim with the appropriate parties.
An Attorney Can Negotiate With Insurance Companies
Recovering compensation from a responsible party through a claim is often difficult. Initial offers from insurance companies might not adequately cover your vehicle accident losses.
Our Uber accident lawyer in Los Angeles handles all the back and forth with insurance companies and legal proceedings.
You Can Focus on Healing From Your Injuries
Our Los Angeles Uber accident lawyers will collect and compile the evidence to strengthen your claim. We will also take care of all the documentation and paperwork that must be filed within certain deadlines, so you don’t have to worry and can focus on recovering from your injuries.
Our Uber accident attorneys analyze all aspects of your case, evaluate the value of your claim, and help you make important decisions that help you achieve the best possible outcome in your case.
Negligence-Based Causes of Uber Accidents
Uber requires its drivers to abide by traffic laws and use the same duty of care to keep themselves, other drivers, passengers, and pedestrians reasonably safe on the road. Preventable motor vehicle accidents can occur when they engage in negligent driving behavior, such as:
- Distracted driving: Many Uber accidents occur because the Uber app or other mobile devices frequently cause the driver to become distracted. Impaired focus can prevent drivers from noticing traffic signals, pedestrians, or changes in road conditions, leading to accidents.
- Impaired driving: Drunk or impaired driving increases accident risks for drivers, passengers, and pedestrians.
- Speeding: Some Uber drivers may exceed speed limits to maximize their earnings and complete more rides in less time. Speeding and reckless driving reduce the driver’s ability to react to sudden obstacles and increase the severity of any collision.
- Inadequate driver training: Uber drivers do not receive the same professional training as commercial vehicle drivers. This lack of training can result in poor driving decisions and techniques, contributing to accidents. Poor road conditions, heavy rain, and other common hazards make for unsafe driving conditions, which rideshare drivers may not know how to address.
- Driver fatigue: Many Uber drivers work long shifts or drive for Uber in addition to other jobs, leading to fatigue. Tired drivers have slower reaction times and are more prone to making mistakes on the road.
- Poor vehicle maintenance: Uber vehicles are subject to high usage, leading to wear and tear that isn’t always immediately addressed. Poorly maintained brakes, tires, and other critical components can fail and cause motor vehicle accidents.
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What to Do After an Uber Wreck
The actions you take directly after a rideshare vehicle accident can help or hurt you from a legal standpoint. Our Los Angeles Uber car accident lawyers recommend taking the following steps to protect your health and your personal injury claim:
- Ensure safety: First, check yourself and others for injuries. If possible, move to a safe location without leaving the accident scene.
- Call 911: Regardless of the severity, you must report the accident to the police. They will document the scene and file a police report, which is required for insurance and legal processes. You can also file a crash report after the accident through the Los Angeles Police Department website.
- Seek medical attention: Even if you don’t think you are injured, it is critical to seek medical attention immediately. Some injuries may not be immediately apparent due to the shock of the accident.
- Document the scene: Take photographs and videos of the accident scene, including all vehicles involved, visible damage, and road conditions. Capture any skid marks, street signs, and the relative positions of vehicles.
- Exchange information: Exchange contact and insurance information with the Uber driver and any other drivers involved. Note the make, model, and license plate of all vehicles involved.
- Gather witness details: If there are witnesses, get their contact information. Witness accounts can be valuable in establishing what happened and supporting your claim.
- Report to Uber: Notify Uber through the app. Uber has a process for reporting accidents during a ride.
Consulting an Uber car accident attorney in Los Angeles early on helps protect your claim. Exercise caution when speaking to an insurance representative before securing legal representation.
What Compensation Can I Receive After an Uber Accident?
Uber accident victims in California are entitled to compensation for their economic and non-economic damages. In some cases, they may also be entitled to punitive damages, particularly if the defendant exhibited an egregious level of negligence.
Here are some types of damages your rideshare attorney can seek in an Uber accident case:
- Medical expenses: This includes everything from emergency transportation and treatment, surgeries, hospitalization, the cost of rehabilitative therapy, expenses relating to prescription drugs, brain injuries, medical equipment, etc.
- Lost wages: This refers to income you may have lost due to being unable to work because of your injuries. In addition, if you are permanently injured, you may also be able to seek compensation for loss of earning capacity.
- Pain and suffering: These are non-economic damages, which are often more challenging to quantify. They may include compensation for the physical pain and mental suffering you endured after the crash, losses related to disabilities or physical limitations, scarring or disfigurement, and loss of life’s enjoyment.
- Property damage: If your car or other personal belongings were damaged in the accident, you can seek compensation for repair or replacement costs.
- Disability: For injuries that result in temporary or permanent disabilities, you can pursue damages to address the impact on your independence and lifestyle.
- Reduced earning potential: If your injuries prevent you from advancing in your career or working at the same level as before, compensation can reflect the long-term financial losses you face.
Motor vehicle accidents can result in a range of damages, but our attorneys conduct extensive investigations to determine what a fair recovery would look like in each client’s case.
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Factors Determining the Value of Your Uber Car Accident Case
Various factors affect how your claim can progress, including:
- Severity of injuries: The more severe and long-lasting your injuries, the higher your potential compensation. Serious injuries often result in extensive medical bills, prolonged recovery periods, and greater pain and suffering.
- Impact on quality of life: Your compensation may be higher if your injuries affect your ability to work, engage in daily activities, or enjoy life as you did before the accident. This factor considers both current and future effects.
- Liability and fault: Establishing fault and liability is crucial. If the Uber driver or another party is found to be clearly at fault due to negligence or reckless behavior, this strengthens your case for higher compensation.
- Insurance coverage: The amount of available insurance coverage also plays a huge role. This includes the driver’s personal insurance, Uber’s provided insurance, and third-party coverage.
- Legal representation: Your attorney’s skill and experience can affect your case’s outcome. An experienced Uber accident lawyer will be better equipped to negotiate or litigate for maximum compensation.
Should You Settle or Go To Trial?
Deciding whether to settle or go to trial is a decision that should be made with thorough consideration of all factors. A settlement provides a defined compensation amount and allows you to avoid the time and demands of a trial.
While settlements offer more predictability, the amount may be lower than what a jury could award in some cases.
Our attorneys can provide a personalized legal strategy based on their knowledge of the law, the strength of your case, and potential jury reactions.
How Much Time Do I Have to File My Uber Accident Claim?
In California, the statute of limitations or deadline to file a personal injury lawsuit is generally two years from the date of your rideshare accident, under California Code of Civil Procedure § 335.1. There are a few notable exceptions. For example, if a government vehicle was involved in your Uber accident, you must file your claim within 180 days of the accident.
Because of the unique nature of Uber accident claims, having an experienced Los Angeles Uber accident lawyer on your side early in the process helps. The experienced injury attorneys at the Vaziri Law LLP have helped car accident victims and their families recover the compensation they deserve.
Our Uber accident law firm is passionate about fighting for your rights and helping you receive justice and fair compensation for your losses.
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Contact Us for Help From Our Los Angeles Uber Accident Lawyer
Uber drivers might be independent contractors, but they can still be responsible for your injuries. Liability depends on the circumstances, including driver actions and applicable insurance coverage. At the Vaziri Law LLP, our team of attorneys has over 200 years of combined experience and has recovered over $1 billion in case results for our clients.
See a doctor if you are an Uber passenger involved in a car accident. Then, let our Los Angeles Uber accident lawyers review your case. Call us for a free initial consultation.