As an Uber passenger injured in a DC accident, you have a high probability of being able to recover for your injuries. We can say this is probable because it is unlikely that you would be found contributorily negligent for the accident as a passenger. If you are found to be even 1% negligent, and that negligence caused the accident, you would be barred from making a recovery. However, this is only possible as a passenger if you did something to your Uber driver that led to the accident. So, what are your next steps?
First, we must identify who is liable for your injuries. In an ideal world, it would be your Uber driver who caused the accident. This is preferable because we know he has insurance for the ride. An Uber driver on an active ride through the app should have a valid insurance policy to cover your damages. Moreover, Uber drivers’ policies through Uber, on average, have more coverage available for injuries. In other words, if there is a negligent defendant in DC, he may have the minimum $30,000 insurance policy limits. This is lower than the standard Uber policy of $50,000 in coverage for injuries.
Your immediate response to the accident as an Uber passenger injured in a DC accident is to seek medical attention if necessary. If you or anyone else on the scene needs medical attention, it is prudent to seek immediate help. Once any medical emergencies are covered, move into the documentation phase of the post-accident process. By this phase, the Uber app may have detected that you were in an accident. Accordingly, the app may provide the ability to file a report and contact the police via the app. Uber drivers are required to report accidents via the Uber driver app. Regardless of what the driver does, as he may be at fault and uninterested in reporting it, contact the police. If the police come to the scene, they will create a police report.
A police report is helpful for a few reasons. While it is inadmissible at trial, it does provide organized documentation of events that you can later provide to your personal injury lawyer.
Additionally, conduct your documentation. This should include taking pictures of the vehicle’s property damage in the accident. Even if your Uber driver does this, it is still crucial for you to do it independently. Moreover, the name, contact information, license plate information, and insurance information must be collected from all parties.
Your next step as an Uber passenger injured in a DC accident should be to contact an Uber accident lawyer. Our team of attorneys is prepared to advise you on the next steps specific to your unique case.
When you are an Uber passenger injured in a DC accident, your responsibility is to recover from your injuries and to recover fair and total compensation. But as a plaintiff, you do have responsibilities.
For one, you have a duty to mitigate your damages. So, if you injure your back in the accident, you cannot perform activities likely to aggravate your back injury. You may cut off your right to compensation beyond that aggravation if you do. You also must be careful about missing time from work. A plaintiff cannot recover lost wages for time missed from work if your injury does not prohibit you from working. To simplify things, note that your doctor must excuse you before missing work. Of course, if you are physically incapacitated to the point that movement is challenging, you may be able to assume that you will be excused when you do see a doctor. But be wary. If your doctor does not excuse you from work, you will miss out on your lost wages.
This is the case even if your employer tells you it is ok to take the day off. If he tells you that but does not tell you that you will be paid for your time off, do not expect the defendant to pay your missed wages without a doctor’s excusal. As your attorney, we cannot excuse you from work. Thus, you must inform your treating physician that you work. If you feel that your injury prohibits you from working, inform your doctor, as it is their decision whether to excuse you from work.
The good news for an Uber passenger injured in a DC accident is two-fold. As mentioned above, liability should not be an issue. However, the second positive aspect of the case is that you do not have to worry about a property damage claim. Property damage claims are separate from bodily injury claims and can be slow to get reimbursed after paying a deductible. That is not your concern here. Your concerns are your injuries. Car accidents can lead to debilitating injuries that can change your life in the blink of an eye. Thus, the impact on the injured passenger can be considerable. Moreover, an inability to work can lead to piling bills. This is a part of the process we can advise you on, as we have decades of experience helping clients in situations just like this.
Whose insurance you use as an Uber passenger injured in a DC accident will depend on who is liable.
When your driver is liable, we can make a claim against the driver under his Uber insurance policy. You can still claim under his auto insurance if he was not logged onto the app when you were in the accident. In either instance, you should not have trouble finding an insurance policy to make a claim. If you are the only passenger in the vehicle and the only person hurt in the accident, the maximum amount you can recover under his Uber policy is $50,000. However, you can then claim an underinsured motorist under your insurance policy if you have one. We realize that not all Uber passengers have their insurance coverage. But if you do, this is secondary and is permitted in some circumstances.
What if the adverse driver is liable? If this is the case, you simply make a claim under their car insurance coverage if there is any. If other parties are injured and it is a serious accident, we may need to apportion your recovery with the other claimants. You then cover your remaining damages with the underinsured coverage available under your Uber passenger coverage. If the adverse driver is liable but has no insurance coverage, you can make a claim under the Uber policy as an uninsured motorist claim. Insurance coverage should be available if you are an Uber passenger injured in a DC accident and booked your ride through the app. But what if Uber’s uninsured coverage does not sufficiently cover your damages?
You can then use your underinsured coverage to cover the remaining damages. However, you cannot skip the uninsured claim under Uber’s policy. We must prove to your insurance carrier that all other policies were exhausted before your coverage kicks in, as you did not cause the accident, and your provider has no right to raise your rates to cover their costs.
If you are an Uber passenger injured in a DC accident, call our office today at (202) 331-7227 for a free, no-obligation consultation.