Rideshares like Uber and Lyft have transformed how we travel. Their convenience and accessibility make them a popular choice, but crashes involving these vehicles are increasingly common. If you’ve been involved in an Uber-related crash in Indiana, whether as a passenger, pedestrian, or another driver, understanding the process is crucial to securing the settlement you deserve.
This guide will walk you through the steps to take, the insurance complexities involved, and how to protect your rights after an Uber or Lyft crash.
Step 1: Report the Crash Immediately
The first step after any car crash is to report it. If you were a passenger in an Uber, report the incident through the Uber app. This ensures the rideshare company and its insurer are aware of the situation.
If you were driving another vehicle and were hit by an Uber or Lyft, you must file a claim with the rideshare driver’s insurance. Many assume that Uber automatically covers all crashes involving their drivers, but it’s more complicated. The insurance that applies depends on whether the Uber driver was:
- Actively carrying a passenger
- En route to pick up a passenger
- Offline or waiting for a ride request
In some cases, the driver’s personal auto insurance will apply, and in others, Uber’s liability policy may cover damages.
Pro Tip: Even if the damages seem minor, always file a claim. What looks like a small fender bender can lead to significant medical expenses or hidden vehicle damage.
Step 2: Call the Police
A police report is one of the most critical pieces of evidence after an crash. It provides an unbiased account of the incident and can be crucial in determining fault.
Rideshare drivers, eager to save time and avoid complications, may suggest skipping this step. Don’t agree. Insist on calling the police, regardless of the severity of the crash. Even if injuries aren’t immediately apparent, they can surface later.
Why This Matters: Without a police report, insurance adjusters are more likely to dispute the facts of the crash, making it harder to secure fair compensation.
Step 3: Gather and Preserve Evidence
Documentation is your best ally in an Uber crash claim. While waiting for the police to arrive, take the following steps if it’s safe to do so:
- Photograph the scene: Capture images of all vehicles involved, license plates, damages, road signs, and the surrounding area.
- Record videos: A quick video of the scene can provide context and show traffic flow, weather conditions, and the positioning of vehicles.
- Exchange information: Get the driver’s name, contact information, insurance details, and the Uber driver’s status in the app.
- Look for witnesses: Witness statements can corroborate your account of the crash.
Pro Tip: Use your smartphone to document everything. The more evidence you have, the stronger your claim.
Step 4: Understand Uber’s Insurance Coverage
Whether Uber, Lyft, or another rideshare service’s insurance coverage applies often depends on the specific circumstances of the crash. These companies offer robust insurance policies, but navigating them can feel like trying to untangle a knot.
Here’s the general breakdown:
- If the driver is offline: When a rideshare driver isn’t logged into the app, they’re essentially driving as a private individual. In these cases, their personal auto insurance policy is the one that applies.
- Logged in but waiting for a ride request: If the driver is online but hasn’t accepted a trip yet, Uber and Lyft provide contingent liability coverage. This means their insurance may step in, but only if the driver’s personal policy doesn’t fully cover the damages.
- Actively on a trip: Once the driver accepts a ride request or is carrying a passenger, the rideshare company’s $1 million policy kicks in. This policy typically covers liability, uninsured or underinsured motorists, and injuries.
Understanding which coverage applies can get complicated, especially if multiple vehicles or parties are involved. That’s where having experienced guidance makes all the difference. If you’re feeling unsure, consulting an attorney can help untangle the details and ensure you’re pursuing the right claim.
Step 5: Be Cautious When Speaking to Insurance Adjusters
Once you’ve filed a claim, expect a call from Uber’s insurance adjuster or the at-fault driver’s insurer. Adjusters may seem friendly, but their goal is to minimize payouts. Anything you say can be used to lower the value of your claim.
Tips for Speaking with Adjusters:
- Stick to the facts: Provide basic details about the crash but avoid speculation about fault or injuries.
- Avoid recorded statements: Consult an attorney before agreeing to a recorded statement.
- Don’t downplay your injuries: Some symptoms take time to appear. Let your medical records speak for your condition.
Step 6: Prioritize Medical Care
Even if you feel fine immediately after the crash, seek medical attention as soon as possible. Injuries like whiplash or internal damage may not show symptoms right away but can worsen over time.
Why Medical Records Matter:
- They document the extent of your injuries and link them to the crash.
- They provide evidence to counter insurance company claims that your injuries aren’t serious.
Follow your doctor’s recommendations, attend all follow-up appointments, and keep detailed records of your treatment.
Step 7: Understand What Affects Your Settlement
Several factors influence the value of your Uber crash settlement:
- Medical expenses: The cost of treatment, from ambulance rides to physical therapy, is an important component settlement value.
- Lost wages: If you missed work due to your injuries, you’re entitled to compensation for lost income.
- Pain and suffering: Non-economic damages account for the physical pain and emotional distress caused by the crash.
- Impact on daily life: If your injuries prevent you from performing household tasks, caring for loved ones, or enjoying hobbies, this can increase your settlement.
- Severity of injuries: Visible injuries like fractures or surgeries often lead to higher settlements than soft-tissue injuries.
Step 8: Be Aware of Indiana’s Seatbelt Law
In Indiana, failing to wear a seatbelt can impact your settlement. While passengers are rarely held responsible for a crash, the law allows juries to consider whether seatbelt use could have reduced injuries.
Always buckle up, especially in rideshares, to protect yourself physically and legally.
Step 9: Don’t Rush to Settle
After an Uber crash, you might receive a quick settlement offer from the insurance company. While tempting, these offers are often far below what you’re entitled to. Accepting an early offer could leave you responsible for future medical bills or other unexpected expenses.
Before Accepting:
- Review all medical bills and treatment plans.
- Review the amounts that must be paid out of the settlement to insurance providers
- Consult an attorney to evaluate the offer.
Step 10: Why You Need Legal Representation
Rideshare crashes involve multiple layers of complexity, from insurance coverage to liability determination. An experienced car crash attorney can:
- Investigate the crash and gather evidence.
- Handle communication with insurance companies.
- Ensure you receive compensation for all damages, including medical bills, lost wages, and pain and suffering.
At the Marc Lopez Law Firm, we help turn frustration into compensation. We’ll guide you through the process, protect your rights, and advocate for the best possible outcome.
Take Action Today
If you’ve been involved in an Uber, Lyft or any other rideshare crash in Indiana, don’t try to tackle these claims alone. The Marc Lopez Law Firm is here to help. With extensive experience handling rideshare crashes, we’ll ensure you receive the compensation you deserve.
Call us today at 463-283-7387 for a free consultation. Let us handle the legal complexities while you focus on your recovery.
