If your insurance claim is denied after an accident involving an Uber driver, insurers must give you the chance to appeal and try again with a different adjuster. You have other options, too. You can file a lawsuit against Uber and the insurance company involved if necessary. You might also report an unhelpful insurer to the California Department of Insurance.
If your accident was caused by a careless Uber driver, you shouldn’t give up hope after being denied coverage. You will get another opportunity to get your medical bills and other hardships covered. However, a second try may have a much better chance of success with a skilled California Uber Accident Lawyer helping you. Your lawyer will investigate your case, gather additional strong evidence, and file an appeal that can help you earn full support.
The Reasons Uber’s Insurer May Deny an Accident Claim
Uber backs its drivers with car accident insurance, but only when they are on the clock for the rideshare. The driver must be working (with the Uber app open) at the time of the accident for the insurance to kick in.
The insurance will provide substantial support to victims who are in cars struck by a careless Uber driver. It’s also meant to cover Uber passengers hurt in an accident caused by the driver. But the support isn’t automatic.
Victims must prove the Uber driver’s liability, and even then, insurers can still make it tough for patients to earn a settlement. Commercial insurance companies representing Uber can also flatly reject a claim.
The only good news is that the insurer must make it clear why the claim was denied, and this explanation can make it easier for the claim to succeed on a second pass.
Under California’s Code of Regulations Tit. 10, § 2695.7, insurers must inform victims if the problem was due to too little evidence or a missed deadline. They may reveal that they feel you caused the accident (if you were in another vehicle). They may blame the rejection on some fine print in the policy that excludes your claim.
With this ammunition, you are better prepared to file a second claim and win. A skilled California rideshare accident lawyer is also a huge help by backing your case with additional evidence and documentation. An experienced lawyer also identifies when a reason given by Uber is just an excuse. A lawyer can call out Uber and its insurers to make sure you get a fair assessment this time.
Your Best Options After Having an Accident Claim Rejected
After a claim rejection, many victims will take action by filing an appeal with the insurer. An appeal forces the insurer to take a fresh look at the claim. The victim also gets to provide additional information and evidence to the claim.
However, there are a few other paths victims can take to earn compensation after being initially rejected.
Filing an Appeal After an Uber Accident Insurance Claim Denial
Insurance companies are required to provide a method for appealing their decisions on injury claims. Victims would begin by sending a formal letter questioning Uber’s insurer’s decision about a case. A lawyer could also draft and send this letter, making it sure it reached the people who actually make decisions at the company.
The insurer would usually assign a new insurance adjuster to the case, and the claims process would begin anew. The victim would have a renewed chance to back the case with evidence. A skilled Maison Law attorney could also help make sure a case was strong before it was submitted again.
Report Uber Insurer to the California Department of Insurance
A complaint filed with the California Department of Insurance (CDI) might lead to you earning full injury compensation and additional penalties for the insurance company. However, the response can be slow when going through a giant government entity. Administrators may also decide that you were in the wrong and drop the case. A lawyer assists you in communicating what happened and the hardships you’ve lived through.
Filing a Lawsuit Against Uber
If Uber refused to accept full blame for your injuries, taking them to court may be your next option. You should have a skilled attorney handling your case if you decide to file a lawsuit. Your lawyer will be ready to file complicated paperwork and court documents to make sure your trial earns a fair shake.
Uber and its insurers will also have corporate lawyers on the case to help tear down your claim before a judge. You’ll want a legal professional on your team to fight back.
The threat of a court date can make insurers work harder to propose a fair settlement to you. Uber wants to avoid standing before a judge because a trial will be costly and it can damage the corporation’s reputation.
Uber may claim they aren’t responsible for your accident, but a Maison Law lawyer can put added pressure on them to make them do what’s right and help injured victims.
A lawyer could investigate these and other aspects of the case to make Uber take your case seriously:
- Looking into the Uber Employee’s driving record. Making sure Uber did a proper background check and avoided hiring an unsafe driver.
- Looking into Uber’s safety training given to employees, or lack of training.
How Do I Know If I Need a California Uber Accident Lawyer
If you are seriously injured in an accident involving an Uber driver, you should speak to a California rideshare accident lawyer as soon as possible.
When injuries are serious, and medical bills start to rise, insurers will work harder to find ways to escape blame. A serious injury can include things like an arm fracture or a head injury. But a skilled attorney would make sure you received money to pay your current medical bills and any expected in the future.
Your lawyer would secure money to cover the paychecks you’ve lost while you’ve had to miss work. The pain and the emotional trauma you’ve been through should also be added to an Uber accident settlement check.
If your case was originally thrown out, don’t give up hope! These benefits can still be won. Maison Law offers a free case consultation to go over every option after getting a rejection letter.
There’s no obligation, but if you need our help to hold an insurance company liable, you won’t need any money. There are no up-front costs to hire our lawyers. We also don’t get paid if we don’t win your case or appeal. If we win, our fee comes out of the settlement check that Uber must write for you.
