UBER Accident Attorney
San Diego's Trusted UBER Accident Attorney
Batta & Fulkerson is the premier personal injury law firm in San Diego. They treated me with respect and kindness, even in the face of my impatience and frustration (I can be quite unpleasant). Dan & Paul are consummate professionals and knew exactly how to handle the minor quirk and bump my case presented. Settlement? I was quite satisfied with the final outcome, not to mention the uber cool bulldog swag! Hopefully you never need a personal injury attorney, but if so, Batta Fulkerson is the only firm to whom I'd be confident referring my friends and family.
The Emerging Incidence of Uber Injuries
A growing number of people in urban areas rely on rideshare vehicles like Uber to get where they need to be. While the use of Uber vehicles is still a relatively new area of the law, the process for getting compensation is similar to that of any car accident. The at-fault driver is responsible for paying compensation to the injured party.
The most significant difference when an Uber vehicle is involved is that the driver’s insurance company isn’t liable for the damages. Since the vehicle operates as a business vehicle, it requires separate coverage from the driver’s personal insurance coverage. An experienced Uber accident lawyer knows how the system works.
How Uber Vehicle Insurance Works
The company’s insurance covers the vehicle for liability while the Uber app is turned on. The level of liability coverage depends on whether there is a passenger in the vehicle or not. Like most insurance companies, those that provide coverage for Uber drivers prefer not to pay claims even when someone receives severe injuries. Talking with the insurance adjuster before you discuss your case with an Uber accident lawyer can prevent you from getting fair compensation.
Common Mistakes Uber Accident Victims Make
Like the Uber accident lawyer, the insurance adjuster knows what it takes to reduce or eliminate the amount they have to pay for your injuries. Talking directly with the insurance adjuster is the biggest mistake accident victims make. Providing information at the time may seem perfectly harmless. But the insurance company knows how to use your words against you to reduce their liability.
Sometimes injuries don’t appear immediately after the accident. The rush of adrenaline that occurs can mask pain for hours or even days after the injury occurs. People often claim they are just fine and have no injuries because they haven’t experienced any pain. Sometimes they want to put the mind of the at-fault driver at ease. What they don’t realize is that their initial claims could keep them from getting compensation once they experience symptoms of an injury.
Never take a "wait-and-see" approach to seeing an Uber accident lawyer after an accident. Also, make sure the lawyer you talk to has extensive experience in handling Uber cases. The rideshare period plays a big role in the amount of compensation you can receive.
The Three Uber Rideshare Periods
Not only does it matter if the app is switched on; it also matters which period of rideshare the vehicle was in when the accident occurred. When the driver first turns on the app to accept ride requests, the Uber insurance only offers limited liability coverage. This includes $50 thousand for injuries per person, $25 thousand for property damage, and $100 thousand total.
Any additional coverage during this rideshare period depends on the driver’s personal insurance coverage. In most cases, the driver must have a rideshare-specific policy.
No matter which driver was at fault for the accident, Uber insurance comes with a $1,000 deductible for collision damage. That means you have to pay $1,000 out-of-pocket before the insurance kicks in. It also leaves it up to the driver to have adequate personal insurance coverage to pay for your injury.
Uber classifies its drivers as contractors instead of employees, putting more of the liability on the drivers. Ask your Uber accident lawyer about your options for coverage from under-insured Uber drivers.
The second rideshare period begins when the driver receives a ride request and is en-route to pick up the passenger. The liability coverage during this period includes up to $1 million of total liability coverage. This coverage also includes $1 million for underinsured and uninsured motorists.
The third rideshare period encompasses the time that a passenger is inside the Uber vehicle. While the second rideshare period has the heaviest coverage, the third period is often the easiest to prove. Proving you were in the vehicle at the time of your injury makes it easier for the Uber accident lawyer to negotiate a fair settlement with the insurance company.
The use of Ubers has already presented new challenges to the area of law dealing with auto accidents. The use of self-driving Ubers in California has only added to the complexity of the issue. Uber announced that it would cease testing of their autonomous cars in California as of March 2018 when the current permit expired. It’s still advisable for California residents to realize that Uber has the option to renew its permits at any time.
If your injury occurred in an Uber accident involving a self-driving vehicle, it isn’t too late to file a claim. The state of California allows you to file a claim within two years of the date of the accident. If you haven’t already talked with an Uber accident lawyer, make an appointment for a consultation today. It's important that you know your rights.
The Five Steps to Take after an Uber Accident
The process after an Uber accident is almost like that for any auto-related accident.
- Check to make sure everyone is alright and see if there are any serious injuries
- Call law enforcement and have them make an accident report
- Collect information from witnesses and get pictures of the accident scene if possible
- Get medical treatment even if your initial injuries seem minor
- Contact an experienced Uber accident lawyer for an evaluation of your case
Don’t let your lack of knowledge about rideshare accidents keep you from getting the compensation you deserve. Waiting too long gives your injuries time to grow and threatens your rights to compensation. No injury is minor when you have to cover your losses on your own.
Schedule your no risk complimentary consultation today. A friendly staff member is standing by to take your call and facilitate a meeting with a Batta Fulkerson attorney.