In recent years, ridesharing has become a popular mode of transportation. Thousands of commuters and weekend travelers rely on companies like Uber to get to and from work, school, and weekend activities. When entering a ridesharing vehicle, passengers anticipate arriving at their destination safely. Unfortunately, you could be injured in a car accident if you use these services. Many frequent Uber users have not considered how an insurance claim would be filed in the event of an accident. What can you do in the event of an Uber accident? Can you sue Uber for car accident injuries? In 2016, Pennsylvania passed the Rideshare Act, which ensures you receive equitable compensation if you are injured in an accident involving a ridesharing service.
In the following article, we will provide answers to these important questions regarding injury claims for Pennsylvania Uber car accidents.
What Role Does Pennsylvania's No-Fault Choice Insurance Play in an Uber Car Accident Claim?
If you own a vehicle in Pennsylvania, you are required to have personal injury protection (PIP) auto insurance. In the event of an accident involving an Uber driver, this coverage will help you pay for medical expenses and lost wages up to a specified limit. You can file a claim based on your PIP coverage, regardless of who caused the accident.
In certain instances, Uber provides PIP coverage to those who would not otherwise have access. This policy only applies while the driver is "on the app."
If the Uber driver caused the accident, you may be able to recover additional compensation for severe injuries from his/her personal liability insurance policy or from an Uber-provided liability policy. If another driver caused the accident, you may be able to file a claim against the other driver's insurance.
Which insurance company you file a third-party claim with is highly dependent on the specifics of your accident. It is crucial that you consult with a PA rideshare car accident attorney as soon as possible in order to determine the best possible course of action for recovering adequate compensation.
Can You File a Lawsuit Against Uber for Injuries from a PA Car Accident?
Uber drivers are classified as independent contractors, not company employees. This means the company can deny liability if a careless, reckless, or negligent Uber driver causes a car accident, truck accident, or motorcycle accident. However, Uber's liability insurance provides coverage for its drivers. This means that if you are involved in an accident while traveling from point A to point B, Uber's insurance policy may provide coverage.
Uber's liability policy provides coverage of up to $1,000,000 per accident for bodily injury, property damage, and uninsured or underinsured drivers. However, the protection provided by this policy is contingent on whether the Uber driver was logged into the application during your trip. If the driver was not logged into their account, you would not be covered by Uber. Depending on the circumstances, you may be able to file a claim against the driver of the car and his insurance company.
Most car accident lawsuits are founded on the theory of negligence. Negligence is the failure to conduct or act as a prudent, reasonable person would in a specific situation. Therefore, you may have cause to file a lawsuit based on negligence if the carelessness of another person caused your injuries.
Pennsylvania is a "modified comparative negligence" state. Under this system, a plaintiff may recover if he or she can demonstrate that the defendant was more at fault for the accident than the plaintiff. However, the amount of damages is reduced by their own contributory negligence. For example, if you were awarded $100,000 in damages but were deemed to be 20% responsible for the accident, you would receive $80,000. After an Uber accident, an experienced PA personal injury attorney can help you determine the best course of action.
What Do I Do After I Have Been Involved in an Uber Accident in Pennsylvania?
You may have more questions than answers after being involved in an Uber accident. Uber provides no specific instructions on what passengers should do in the event of an accident. Therefore, most individuals rely on the limited information provided by the ridesharing service's website. While you may be eligible for coverage under Uber's liability policy, you must consider several important factors before filing an Uber accident claim. Here are the most important steps to take following a Pennsylvania Uber accident.
Seek Medical Attention
After a car accident, your primary concern should be your safety. You should seek immediate medical care for any injuries you may have sustained in the accident, such as bone fractures or concussion. Some injuries sustained in a car accident, particularly back and spine injuries such as whiplash, may manifest slowly. After an accident, a medical evaluation is necessary to prevent further health complications.
Your medical records will serve as evidence of your injuries in your claim, so it is essential to quickly establish that your injuries were caused by the accident. The longer you delay seeking medical attention, the higher the likelihood that the cause of your injuries will be questioned.
After a medical professional has examined you and determined that you are no longer in imminent danger, it is time to consider the next steps.
Collect Evidence and All Necessary Information
Collect information regarding your Uber ride or the Uber driver, including the driver's name, insurance information, and contact information. If possible, take a screenshot of the Uber app and ride if you were a passenger. If there were additional passengers, drivers, or witnesses, attempt to obtain their contact information.
If you were hit by an Uber driver and were not a passenger in an Uber, it is especially essential to obtain the passenger's contact information. Liability in an Uber collision can vary depending on whether the driver had a passenger, was en route to pick up a passenger, or was idling while awaiting a transport. The more proof you have that the Uber driver was working at the time of the accident, the more likely you are to maximize your claim.
Take Photographs and Video
Take photographs at the accident location. Take pictures of any road conditions or hazards that may be present, as well as any Uber-branded signage on the vehicle and your injuries.
Photograph all exterior and interior damage to your vehicle if it has been damaged, including inflated airbags. Attempt to capture photographs from various angles and close-ups. Apply the same procedure to all other vehicles that were involved in the accident.
Report the Accident to the Police
It is crucial to contact the police. After the police arrive, they will conduct an investigation and prepare a comprehensive report. The police will likely collect data regarding the date and time of the accident, the identities of all parties involved, any witnesses, injuries, and a description of the accident. All of this information can aid your injury claim in the future.
Filing an Uber Accident Report
On Uber's website, an accident report can be filed by filling out a form. Gather as much information and evidence as possible before proceeding. To access Trip Issues and Refunds, navigate to the Help section, then Riders, and then click on Trip Issues and Refunds. You can then select "I had a safety issue" followed by "I was involved in an accident." You will then be able to fill out a form with accident-related information.
Before filing a claim with Uber, it is in your best interest to contact a Pennsylvania Uber accident attorney if you have been injured. A lawyer will help you understand your options and the possible compensation you may be entitled to based on the accident's circumstances.
After you file a claim with Uber, their insurance representatives or legal team may contact you to request a recorded statement or attempt to pressure you into a quick, lowball settlement. If you have an attorney, he or she will be able to represent your best interests and negotiate with Uber on your behalf. Lawyers who specialize in ridesharing accidents know how to construct a case and present evidence to illustrate your injuries and their impact on your quality of life.
Speak With an Uber Accident Lawyer at Brandon J. Broderick in Pennsylvania Today
At Brandon J. Broderick, Attorney at Law, we value exceptional client service, compassion, and results. This makes us one of the highest-rated Uber accident attorneys in Pennsylvania. We have decades of experience successfully advocating for our clients, even when other attorneys claim there is no case and insurance adjusters deny or undervalue the claim. You can depend on us to work tirelessly to improve your quality of life, given our extensive track record of success.
You don’t have to handle this alone. We can help you recover from your setback. Contact us now for a complimentary consultation.