Maison Law Accident & Injury Lawyers of Fremont represent car accident victims throughout the city. No matter if you’re a passenger, strolling on foot, or behind the wheel yourself, if you’ve been involved in an accident caused by an Uber driver, we’re here to guide you through the legal process. Contact us today for a free consultation to discuss your options.
Should You Hire a Lawyer?
After an Uber accident happens in Fremont, it’s seen in much the same way as any other car crash under the law. However, the situations involved can be a bit different. If your injuries are small, you might not need a lawyer to help with your claim. But because Uber accidents have unique factors, having our skilled team by your side can make things easier, especially if you’re seriously hurt. Here’s how we can assist you:
- Understanding your choices – We’ll explain your rights and look into ways to get financial help. We’ll make sure you know all about the legal parts of your situation so you can make informed decisions.
- Legal guidance – Dealing with insurance and legal matters can be hard. Our team knows how to handle it. We’ll help with paperwork, meeting deadlines, and figuring out the legal system.
- Collecting proof – We’ll help gather evidence like medical records, accident reports, messages, or pictures. This evidence will strengthen your claim.
- Talking to insurance companies – Insurance companies often want to settle fast, but we’re experienced at negotiating for a fair deal for your losses.
- Representing you in court – If your case goes to court, our team will stand up for you. We’ll present your side, argue for you, and handle the legal parts of the process.
Overall, we just want to make things easier on you and your family. Nobody gets in an Uber expecting to be in an accident, let alone injured. It’s a difficult situation, but with our help, you can take steps to recover.
Liability in an Uber Accident
Although an Uber accident is largely the same as any other car accident, there are a few key distinctions, especially in terms of liability. Basically, who pays for damages in an Uber accident depends on:
- How the driver was classified at the time of the incident.
Uber labels its drivers as “independent contractors,” which means the driver’s personal insurance typically covers your losses. However, the extent of their coverage can affect your recovery. If the driver’s insurance falls short and they are at fault, you might need to file a claim against Uber for additional damages.
In California, Uber vehicles must have the following insurance minimums:
- $1 million liability and uninsured motorist insurance, active from when the driver accepts a ride request until the passenger exits the vehicle.
- When the driver is logged into Uber’s app but hasn’t picked up a passenger, there’s a $50,000 per person and $100,000 per incident coverage requirement.
- If the driver isn’t logged into Uber’s system, their personal insurance applies, which could be as low as California’s minimum coverage of $15,000 per person and $30,000 per incident.
Obviously, an Uber accident usually involves other people. So, there’s others that could potentially share some liability:
- Other drivers
- Passengers
- Pedestrians
- Bicyclists or motorcyclists
- Car or part manufacturers
- City or state government agencies
Basically, when you’re dealing with a claim for damages, the insurance company will try to pay you as little as they can. That means it’s important to do what you can to strengthen your claim and protect your rights.
Strengthening an Uber Accident Claim
Every car accident, especially those involving an Uber driver, has its own unique circumstances. However, it’s crucial to follow certain steps after the incident, just like you would with any other car accident, to safeguard your legal rights and well-being:
- Check for injuries – Immediately assess for any injuries and call 911 if anyone is hurt.
- Contact the Fremont Police Department or California Highway Patrol – Inform the local police about the accident to create an official report with important details.
- Get medical care – Make sure to get medical attention at the scene with EMTs, then further care at an emergency room. Your health is the top priority.
- Gather information – Collect vital details such as names, phone numbers, and insurance details from all parties involved.
- Document the accident scene – Take photos or videos of the accident scene, showing the damage, road conditions, and any injuries.
- Inform Uber about the accident – Use the Uber app to report the accident if you were using their service.
- Report the accident to your insurance company – Tell your insurance provider about the accident so they can be in the loop.
- Keep records – Maintain records of medical bills, repair costs, and other relevant expenses to support your claim.
Damages
The reason it’s so important to strengthen your claim is because that ultimately determines how much you can recover in “damages.” In most Uber accidents, these damages include:
- Repair/replacement costs for your vehicle
- Medical bills
- Ongoing treatment expenses
- Lost income or earning potential
- Pain and suffering
- Emotional distress
- Loss of companionship or quality of life
- Wrongful death expenses, if the accident is fatal
As a passenger, it’s your responsibility to prove the extent of your damages to the insurance company of the at-fault party. However, as you probably know, this can be challenging. Our team can help, but it’s also important to remember that you have two years from the date of the accident to file your claim. If you don’t meet this deadline, you won’t be able to file a claim.
Take Control After a Fremont Uber Accident
At Maison Law Accident & Injury Lawyers of Fremont, we want you to take charge of your situation after an Uber accident. This means taking the necessary steps to hold those responsible accountable for their negligence, whether it be an Uber driver, the company itself, or someone else. We’ll be there to guide you through the process. Contact us today for a free consultation to get started.