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What are your rights if you're the victim in an Uber accident in Atlanta? It's something most of us never think about. However, the truth is that you're no less likely to be involved in a rideshare accident compared to a regular car accident. Liability isn't always straightforward with rideshare apps because of the industry's complicated structure that blends corporations with independent contractors. Knowing your rights, who to call, and the steps you need to take to report the crash can be important. Here's what to do if your Uber gets in an accident.
Common causes of rideshare accidents in Atlanta
There are countless reasons for rideshare accidents. Unlike taxi companies, rideshare apps aren't in charge of vehicle maintenance. That's up to the independent contractors who sign up to provide their own vehicles as rideshare drivers. As a result, maintenance lapses can be factors in rideshare accidents.
Distracted driving is another major cause of rideshare accidents. Drivers often keep their eyes glued to their navigation systems to bring passengers to their destinations. Drivers may also be distracted by their phones. Additionally, issues like reckless or aggressive driving, unfamiliarity with local roadways and traffic laws, inexperience with driving, and poor weather conditions can also cause accidents.
Immediate steps to take after an Uber crash
Knowing what happens if your Uber crashes is crucial for protecting your rights. You can’t rely on the driver to look out for your best interests after an Uber or rideshare accident. Proper documentation will be essential if you need to file a claim for damages. Here’s what to do if you’re involved in an Uber crash.
1. Ensure everyone's safety and call 911
The scene of a car accident should always be treated as an emergency situation. First, check to see if you, your driver, or any passengers have been injured. Call 911 for any injuries. The police should be notified even if there are no obvious injuries. It's important to file an accident report to create an accurate record of the circumstances and aftermath of the accident.
2. Gather information from all parties
Eyewitness testimonies can be important for establishing liability. Ask the names of any witnesses who stopped to help. If possible, ask if they will stick around until the police come to provide eyewitness testimony about anything they saw in the moments leading up to, during, or immediately following the accident. Lastly, try to collect the contact information of everyone involved in the accident. You should also notify the rideshare company at this point to prevent the driver from taking action to cover their tracks or distort facts.
3. Document the accident scene
If you haven't sustained injuries that prevent you from safely gathering evidence, begin taking photos and jotting down everything you remember about the accident. Pictures of tire skid marks, vehicle damage, roadway or sidewalk damage, and other evidence are also helpful for painting a picture that can be used in your case. Also consider taking screenshots capturing your ride details to protect against the event that your rideshare profile is accidentally deleted or altered.
4. Seek medical attention immediately
There's a good chance that adrenaline will be flooding your body immediately following a car accident. Adrenaline can mask pain and injuries. While it can be tempting to wave away medical help at the scene of the accident, it's very important that you're examined by a medical professional. If you'd like to avoid an ambulance ride for non-serious injuries, do consider at least visiting a hospital on your own for a thorough medical exam. Doctors can often detect signs of injury that may not be apparent to you in the immediate aftermath of an accident.
Understanding Uber's insurance coverage
Rideshare apps often have complicated insurance structures that make determining who is responsible for your compensation difficult. For instance, Uber classifies its drivers as independent contractors. That means that Uber isn't always directly liable for damages. This is why many injured passengers find themselves in limbo between the policies of Uber, the driver, or an at-fault driver involved in the crash.
In Georgia, Uber, Lyft, and other rideshare companies are required to carry commercial liability insurance. This is generally good news for injured rideshare passengers. However, coverage amounts vary based on the circumstances of the crash.
This is where we get into the famous Uber $1 million rideshare insurance policy. Yes, Uber is being honest when it promotes this as a safeguard for passengers. However, what you don't know unless you read the fine print is that the policy only applies in specific situations.
First, Uber's insurance policy is not active at any point when a driver is not logged into the Uber app. If an accident happens while the app is off, the coverage burden falls entirely on the personal auto insurance of the driver. Next, Uber provides limited liability coverage during periods when the driver is logged in while between ride requests. Finally, Uber's full $1 million policy is effective for the duration of time that a passenger is in the vehicle while being transported. While that sounds easy enough, the reality is that insurance companies will often dispute a driver's location and actions at the time of the accident to avoid being responsible for damages. This often puts the burden on the victim to put all of the pieces together for the court.
What compensation can you recover?
Compensation for losses varies based on the severity of an injury. When the requirements are in place for Uber's $1 million policy to be effective, a victim could receive up to $1 million. However, the average plaintiff might recover anywhere from $2,000 for property damage to $500,000 for bodily injury.
Why you should speak with an Atlanta Uber accident lawyer
What happens if your Uber driver crashes largely comes down to the steps you take in those crucial minutes and hours after the accident. If you've been injured as a passenger while using a rideshare service, talk to an Atlanta attorney right away. Uber & Lyft accident lawyers in Atlanta are deeply familiar with the requirements and stipulations involved with accessing insurance payouts from major insurance companies.
Insurance policies from Uber and Lyft have complicated exceptions and rules that can make getting the payout you're entitled to receive difficult for the average person. By looking over the details of your accident with the right lawyer, you can immediately begin developing a plan to seek damages from a rideshare app's insurance policy or the driver's personal insurance. Call (855) 537-6264 today to get started.
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