What are your options if you are an Uber driver injured in a DC accident? Uber drivers are at more risk than the typical driver. While they may be more experienced drivers, depending on age, they also have factors working against them. Primarily, some Uber drivers spend hours on the road each day. This leads to driver fatigue, no matter how good of a driver you may be.
Moreover, driving is tiring. Even if you go into a shift energized, a more extended shift can be grueling. While you are already barred from making a claim against another driver if you cause the accident, driver fatigue can lead to an inability to avoid negligent drivers.
In the fast-paced environment of Washington, D.C., negligence on the road is a daily occurrence. Avoiding these accidents can be challenging. And when you drive for Uber, you make a living with your car. How are you supposed to work and pay your bills with a damaged car? Worse, you may be seriously injured. If you are an Uber driver injured in a DC accident, contact an experienced attorney immediately for a free, confidential consultation. You may be entitled to damages for your injuries and the damage to your car. Navigating Uber accidents, particularly with various insurance carriers in a single accident, can be tricky. Our attorneys have handled hundreds of Uber accidents and are here to fight for your compensation.
The first stage after your accident is to get medical attention if necessary. If you are hurt, ensure you are cared for. If you are not hurt but your passenger is hurt, call the paramedics to safeguard your passengers, and anyone else at the scene is taken care of. Health and safety are always paramount, and there is limited time to act in some accidents before dire consequences occur. If you did cause the accident, you may be legally obligated to act. Of course, you are already liable if you did cause the accident, but preventing further damage will lessen your exposure.
When you are an Uber driver injured in a DC accident, you should also collect evidence. Take pictures of the accident scene. Gather the adverse driver’s name, insurance, address, and contact information. You should have sufficient information about your passengers through the Uber app, but collecting your passengers’ information might be helpful down the line. You should also call the police. While they do not always come for car accidents, if they do come, they will create a police report that will be useful down the line. Note that police reports themselves are not admissible in court.
However, they neatly organize all relevant parties’ vehicle, driver, and insurance information. It is also good to create a record of the accident. If the other driver attempts to flee, for example, the police will act as an unbiased witness should we take your case to trial.
If you did not cause your accident, your claim will go through the adverse driver’s insurance carrier. This simplifies your case because you do not have to worry about whether your auto or Uber auto insurance covers your accident. The adverse carrier’s insurance coverage should cover the injuries in your bodily injury claim. In other words, they are responsible for your medical expenses, lost wages, and pain and suffering. Note that this is a separate claim from your property damage claim. As personal injury lawyers, we assist you with your injury claim. However, we will also guide you through a property damage claim for an Uber driver injured in a DC accident.
For your property damage claim, you may need to use collision coverage that is different from the one protecting the adverse driver. Why is this? The adverse carrier will not always accept liability immediately. In some cases, they will deny liability for months only to later accept it. They will later accept liability for a variety of reasons. We commonly show the evidence we have collected as part of your case. Or the threat of a lawsuit makes them realize they have a losing case. Regardless, if you use your collision coverage, either yours or Uber’s, you can recover your deductible should your insurance provider win in subrogation.
But why would you even bother paying your deductible if you did not cause the accident? As an Uber driver injured in a DC accident, you have a duty as a plaintiff to mitigate your damages. This means you cannot simply stay out of work if you are a full-time Uber driver because you refuse to get your car fixed. While you have a reasonable grace period where you can eventually recover damages, it is not limitless. Thus, if you want to recover lost wages, you must get your car repaired. Your alternative is to continue to drive for Uber even with the property damage. However, whether Uber allows you to drive your vehicle in that condition is up to them and will depend on the extent of the damage to your car.
Your Uber insurance policy is not primary for your injuries if you did not cause the accident. If you are an Uber driver injured in a DC accident, you can make a claim against the adverse driver if you are not at fault in the accident. Note that you typically cannot make a recovery if you are even 1% negligent due to the law regarding contributory negligence. In Washington, D.C., this is a complete defense if the defendant can prove that you acted in any way negligently in causing the accident. However, there are exceptions. This is why it is critical to consult with a seasoned DC Uber accident lawyer to discuss your options.
The last clear chance doctrine is a well-established law in DC. It allows for recovery by a plaintiff despite contributory negligence. For example, you may be driving inattentively and on your phone while driving, which may be classified as negligence. However, if another negligent party rear-ends you while you stop at a red light, then that negligent party had the last clear chance to stop and failed to do so. Thus, you can recover despite behaving carelessly while operating your vehicle.
If you are an Uber driver injured in a DC accident and you caused the accident, it is improbable that you can recover compensation. Your best chance is if you fall under the last clear chance doctrine. In that case, a personal injury attorney at Gelb & Gelb, P.C. will gladly assist. But what if you are ultimately liable in the case? The question becomes whether Uber’s insurance coverage applies or your own. You must use your car insurance policy if you are offline when you cause an accident. Your coverage will apply if you are online and available or on a trip. While the policy is not nearly as high as it once was, it will cover the damages and protect your assets in most cases.
If you are an Uber driver injured in a DC accident, call Gelb & Gelb, P.C. for a free, no-obligation consultation with our experienced attorneys. Gelb & Gelb has been practicing personal injury law in Washington, D.C., for 70 years. We have handled Uber cases for as long as Uber has been available in the District and remain at the forefront of car accident cases.