Maison Law will represent you if you’ve been in a car accident in Santa Cruz. When you’re in an Uber accident, it can be confusing. In all likelihood, you’re riding in the back of the car when the accident happens. This, unfortunately, won’t protect you from injuries. Our Santa Cruz car accident lawyers will be there to help. Contact us today for a free consultation.

Should You Hire a Lawyer?

An Uber accident, at least in terms of California’s personal injury laws, is just like any other car accident. But in reality, it can be really confusing. In the vast majority of cases, you’ll likely be a passenger in the Uber when the accident happens. This doesn’t change your rights and options, but you might be wondering if you need a lawyer. The answer there depends on your needs.

There’s no requirement that says you need a lawyer, and if your injuries are minor, you probably don’t need to worry about hiring one. At the same time, an Uber accident has a lot of things that make it different from a regular car accident. Then, if you’re seriously hurt, it can make everything more difficult. Our experienced Uber accident lawyers can make the process easier for you.

What’s the Claims Process in an Uber Accident?

When you decide to go forward with an injury claim, an Uber accident is similar to any other car accident. With that in mind, the starting point is figuring out who’s responsible for the accident. In Santa Cruz and elsewhere, most Uber drivers are considered “independent contractors”, meaning their personal car insurance is typically responsible for your losses.

However, California law mandates certain insurance requirements for Uber drivers:

They must have liability and uninsured motorist insurance of at least $1 million, covering from when they accept your ride request until the ride is over and you exit the vehicle.
When they’re logged into the Uber app but haven’t picked you up yet, additional coverage of $50,000 per person and $100,000 per incident is required.
If not logged into Uber’s system, the driver’s personal insurance applies, which could be as low as California’s minimum limits.

Apart from the Uber driver, other potentially liable parties in an Uber accident include:

Other drivers
Local governments
Vehicle manufacturers
Third parties

Damages

Generally, you have two options to file your actual injury claim: an insurance claim or lawsuit. Both options give you the opportunity to recover certain “damages” from the responsible party. This differs from case to case, but generally, you can recover things like:

Medical bills
Lost income
Vehicle repair/replacement
Pain and suffering
Emotional distress
Loss of companionship
Loss of quality of life
Wrongful death expenses (if fatal)
Punitive damages (in cases of intentional negligence)

It’s important to note that in California, any injury claim must be filed within two years of the accident. Missing this deadline can make it difficult to recover damages and hinder your physical recovery.

Injuries in an Uber Accident

No matter what the actual cause of your accident is, it’s likely to leave you injured. This is true in any car accident, but especially in an Uber. This is due to the fact that, as a passenger, you’re not in control of the vehicle. So, in effect, you’re at the mercy of your driver. Not surprisingly, when there’s an Uber accident, it results in many of the following:

Whiplash – One of the most common injuries, whiplash happens when your head and neck are suddenly jerked forward and then backward, causing strain on the muscles and ligaments in the neck.
Sprains – These include sprains, strains, and contusions to muscles, tendons, and ligaments, often resulting from the impact of a collision.
Cuts and bruises – Passengers may suffer from cuts, scrapes, and bruises due to contact with objects or surfaces within the vehicle during an accident.
Broken bones – Fractures to the arms, legs, ribs, and other bones can occur as a result of the force of impact during a collision.
Head injuries – Concussions and other traumatic brain injuries can happen if the passenger’s head strikes an object within the vehicle or if they experience rapid acceleration or deceleration forces.
Internal organ damage – Damage to internal organs, such as the spleen, liver, or kidneys, may happen due to blunt force trauma from the accident.

Spinal injuries – In severe cases, passengers may suffer spinal cord injuries, leading to paralysis or loss of sensation and function below the site of injury.
Psychological trauma – Emotional distress, anxiety, and post-traumatic stress disorder (PTSD) are common psychological injuries experienced by Uber passengers involved in accidents.

It’s not just about your injuries, it’s about all your losses from the accident. Like any car accident, you may have injuries that won’t show up right away or last well after the initial accident. This makes your damages very important. And it’s up to you to do what you can to strengthen your claim.

What Can You Do To Strengthen Your Claim?

What makes an Uber accident so difficult is that you’re just as vulnerable to an accident and its resulting injuries, but as a passenger, you have little to no control over the situation. Still, you have the legal option to file an injury claim when you’re hurt. But as a victim, it’s up to you to show the extent of your injuries and other damage from the accident. Basically, you have to take certain steps to strengthen your claim. Here’s a few of them:

Make sure everyone is safe – Get out of the vehicle and move to a safe spot away from traffic. Check for any injuries.
Report the accident – Call the local police or sheriff’s department to report what happened. Their arrival will help clear the area, and they may create an official report about the accident.
Get medical help – If you’re injured, dial 911 to ask for medical assistance. Paramedics will give immediate care, and it’s important to see your doctor or go to the emergency room for further evaluation and treatment.
Inform Uber about the accident – Use the Uber app to let the company know about the accident since they have specific procedures for handling these situations. Also, contact your insurance provider to start the claims process.
Collect evidence – Take pictures and videos of the accident scene, including any damage to the vehicles and any visible injuries. This evidence could be important for your case.
Share information – Give your insurance details to the other people involved in the accident, even if it wasn’t your fault. Also, gather information about your Uber driver and anyone else involved in the accident for future reference.

While fault may not rest with you in an Uber accident, building a strong case to recover damages is still extremely important to your overall recovery. Our experienced Uber accident lawyers can guide you through this process and support your claim from start to finish.