Uber has revolutionized the world of transportation. It has gained popularity worldwide since its launch in 2009.
Millions of people have adopted this trend due to its convenience. Sadly, like any other means of transportation, it is susceptible to collisions. You may think of Uber every time you want to get to a destination without the hassle of driving. But have you ever thought about what would happen if you were involved in an accident while in an Uber? I guess not.
Uber crashes can result in significant injuries, property damage, or death. Handling the aftermath of an Uber crash may be more challenging than dealing with regular vehicle collisions. If you have been injured during one of your rides, do not deal with these legalities alone. Our law firm has handled a good number of Uber claims before. Therefore, our knowledge of this area is extensive. Contact one of our Houston car accident lawyers today for legal representation.
Why are Uber’s Compensatory Claims Complex?
Uber is a significant rideshare corporation. However, the regulations governing it vary from state to state. While some states recognize Uber drivers as independent contractors, others consider them Uber employees. This complicates legal matters further because Uber can only be held liable in jurisdictions where drivers are recognized as their employees.
Suppose the accident occurs in a state where drivers are considered independent contractors. This would mean holding the Uber driver responsible for your injuries. Uber drivers only make enough to sustain themselves. Therefore, acquiring fair compensation in such a jurisdiction may be impossible.
Regarding Uber compensatory claims, the coverage payable to passenger victims also depends on whether the driver status was “actively driving” during the accident. If the driver’s status on the application was on “standby” at the time of the collision, a lower insurance coverage amount may apply. According to the law, being on standby means the driver is not carrying any passengers, regardless of whether they actually have passengers. Therefore, insurance companies can use this to justify their coverage denial or reduction.
As much as Uber’s compensatory claims are complex, insurance companies want to avoid paying thousands of dollars in coverage for Uber accidents. The little they pay as coverage, the more profit they make. Therefore, they will do everything possible to minimize the amount payable to Uber accident victims. However, as a victim, there are several steps that you can take to increase your chances of acquiring an appropriate reimbursement after an Uber collision. They include the following.
How to Be Compensated Appropriately After an Uber Crash
- Seek medical attention
Going for a thorough medical evaluation after an Uber accident is crucial, regardless of whether you sustained physical injuries. Lack of physical harm does not necessarily mean you have a clean bill of health. Such a crash can also result in internal injuries, which, if not treated immediately, can have fatal consequences. Ensure you record your medical tests and prescriptions as they prove you were injured.
Without them, insurers can argue that you were not injured and that you only want to defraud them. Lack of medical records can also lead to the assumption that your injuries were not a result of the crash. Such claims reduce the credibility of your claim, leading to a denial or reduction of your reimbursement.
- Do not accept a first offer.
Severe Uber crashes call for more compensation. Insurance companies offer victims quick settlements to avoid huge payouts. This tactic is also used on victims who desperately need cash to cover their medical expenses.
Typically, these amounts look good on paper. However, they are merely a fraction of a victim’s actual losses. Accepting a quick settlement is dangerous. What if your injuries worsen? What if more health complications arise in the future? This would mean catering to all additional expenses from your pocket because you cannot be compensated twice.
- Do not be rude to insurance representatives.
Dealing with insurance adjusters can be a piece of work. The frustration of not being heard, especially after sustaining severe injuries, might tempt you to insult them. However, doing this will only add salt to your injury. Instead of making things better, it will complicate the process further.
Always remember that insurance companies are in business. They will use any given opportunity to minimize your settlement. Insulting them gives them the perfect excuse to reduce or deny your claim. Besides saving you the burden of exchanging words with insurance adjusters, hiring a Houston accident lawyer will guarantee you fair compensation.
- Report the crash to the local authorities.
The first thing that the police do after arriving at a collision scene is to call for EMTs and to ensure that all victims are attended to. They then assess the accident scene to create a concrete picture of what led to the crash. Once they have all the information, they fill in an official report, a crucial aspect of any claim.
A police report is a proof that the accident exists. It also proves that a passenger sustained injuries during the crash. Not even the insurance adjusters can nullify this report. Therefore, even if the police do not come to the crash scene, visit their offices and file a report as soon as possible.
- Consult an auto accident attorney.
It would take a qualified car accident attorney to deal with the legal complexities involving an Uber crash. Besides dealing with the legalities of your case, an auto accident lawyer is crucial for the following reasons.
What Can a Houston Accident Lawyer Help You Do after an Uber Crash
- Save you money
Our auto accident lawyers are paid on a contingency basis. You only pay them once your settlement has been released. The percentage payable to them depends on what you agree upon. Without a legal representative, you may spend more money to see your case through than you would have used on a qualified attorney. The most painful part is that you can still pay a hefty sum and lose the case. To be sure about the outcome of your case, hire our attorneys today.
- Determine liability
Determining liability helps to pinpoint the party that will cover the damages incurred. Uber or the driver can be held accountable for passenger injuries in this scenario. For the driver to be held liable, there has to be proof of negligence. You may also be required to submit a history of previous traffic offenses that this driver might have. Such evidence can only be attained using resources that lawyers are exposed to.
Suppose there is concrete evidence that Uber hired this driver despite his traffic violations. In such a scenario, Uber can be asked to compensate the passenger, especially in jurisdictions where drivers as regarded as Uber employees.
- File a lawsuit
Due to the complexities of dealing with Uber claims, settling in a court of law should be expected. A lawsuit is more complex than dealing with just the insurance and its representatives. It calls for more proof and a systematic procedure. It also comes with more legal demands that must be adhered to build a solid case. Our car injury attorneys have dealt with numerous Uber lawsuits. Therefore, with their help, you can be assured of a victorious lawsuit.
- Calculate damages
Uber provides insurance coverage for passenger victims who may be injured during a crash. However, this does not mean that you will automatically receive what your damages are worth. Even with the availability of the settlement amount, your injuries can still be miscalculated. Some, especially non-economic damages, which are challenging to constitute, can also be assumed. Hiring a lawyer ensures that all factors have been considered when tallying your losses, guaranteeing an appropriate settlement.
Damages That a Houston Accident Lawyer Can Help You Recover
According to research, medical costs constitute the most significant percentage of coverage after car wrecks. Treating injuries after an Uber crash is expensive, especially after sustaining severe injuries. Besides being hospitalized indefinitely, victims may be required to undergo surgical procedures or rehabilitation. All these expenses should be included in their reimbursement.
Suppose you fracture your leg during the crash. It would interfere with your mobility, hindering you from attending to your job. Not working may lead to a decrease in your salaries and wages, resulting in a financial strain. All wages lost while recuperating should be compensated. This is inclusive of all benefits offered by your employer.
Apart from tending to your employment, injuries sustained after an Uber wreck can interfere with your ability to handle chores. In addition to home care, you may also need child care and personal care, depending on the extent of your injuries. A fair settlement should include these expenses too.
Uber claims are complex. However, this does not mean you cannot receive full damage coverage after an accident. A qualified auto accident lawyer can ease your burden of dealing with legalities while you focus on your recovery. Contact our Houston accident lawyer today for a successful Uber claim.
This content is part of the HWM Partnership.
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