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What To Do If Injured In An Uber Accident in Philadelphia

Were you involved in an Uber accident in Center City Philadelphia and are unsure of your rights and options?  

We understand the confusion and stress that can arise, and we’re here to help.

We’ll walk you through everything you need to know about what to do if you’ve been injured in a rideshare car accident, including

  • The steps to take immediately after the rideshare crash
  • Understanding insurance coverages
  • Filing a lawsuit against Uber or Lyft

We have answers to the most frequently asked questions related to rideshare or Uber accidents to ensure you have all the information you need.

Contact us today for a free consultation. Our Uber accident lawyers provide the legal representation to make sure you understand your rights and to secure what you need to recover.

​​6 Steps to Take After the Uber Accident

It’s important that you act right away if you have been involved in a Lyft or Uber accident. How you handle the hours following the accident can have a large impact on the outcome of your car accident claim. Be sure to follow these steps:

1. Seek Medical Attention

Your health should be your top priority after any car crash. Even if you think your injuries are minor, it is essential to get checked by a medical professional. Some serious injuries may not be immediately apparent, and documentation of even non-life-threatening injuries is crucial when seeking compensation.

2. Report The Lyft or Uber Accident

Contact the police to report the accident and request an official police report. This police report will serve as critical evidence for your case.

3. Document The Damage

Take pictures of the accident scene, your injuries, and any damage to the vehicles involved. Photos of the car crash, Uber vehicle, and other vehicles involved will help strengthen your claim and provide valuable evidence.

4. Gather Information

Exchange contact and insurance information with all parties involved in the accident. If there were witnesses, ask for their contact information as well.

5. Refuse Premature Settlement Offers

Insurance companies may try to settle your claim quickly and for less than it’s worth. Avoid accepting any offers before consulting with an experienced car accident attorney.

6. Contact a Car Accident Lawyer Experienced in Uber Driver Accidents

The legal process after a rideshare accident can be complex. Hiring an experienced attorney will help ensure you receive fair compensation.

How Uber’s Insurance Policy Affects You

Uber’s insurance policy only covers accidents in specific situations. These situations are important to know if you want a better understanding of your chances of filing a successful claim.  

“Off-the-Clock” Driver

If an Uber driver is not logged into the app and causes an accident, their personal insurance policy is responsible for covering damages. Uber’s insurance does not apply to any insurance claim in this scenario.

The Uber Driver is Between Fares

When an Uber driver is logged into the app but hasn’t accepted a ride request, their personal auto insurance policy is still the primary coverage. However, if their personal insurance doesn’t cover the entire claim, Uber provides limited liability coverage.

Driver Has a Passenger

Once an Uber driver has accepted a ride request and is transporting a passenger, Uber’s insurance policy provides comprehensive insurance coverage. This includes liability, uninsured/underinsured motorist, contingent collision, and comprehensive insurance.

Whose Insurance Covers an Uber Driver Car Accident?

Fault is also an important factor in determining what insurance company pays for what and how much. This is why it’s vital to obtain an official Philadelphia police report. Here are two outcomes depending on who is at fault:

If the Uber Driver is at Fault

If the Uber driver is at fault, Uber’s insurance policy coverage will likely apply, depending on the driver’s status within the Uber app, as described in the previous section. Keep in mind that Uber’s insurance only kicks in if the driver’s personal insurance company does not fully cover the damages.

If the Other Driver is at Fault

If another driver is at fault for the accident, their insurance policy should cover your damages. However, if the at-fault driver is uninsured or underinsured, Uber’s uninsured/underinsured motorist coverage may help cover your losses.

Filing a Lawsuit Against Uber

If you are planning on suing Uber for your Philadelphia rideshare accident, it’s vital that you understand aspects of the lawsuit process. Various factors you might not be aware of may change your decision to file a lawsuit.

What is the Deadline to Sue Uber?

The deadline to file a lawsuit, known as the statute of limitations, varies by state. In PA, the statute of limitations is two years from the date of the accident. It’s crucial to consult with an attorney to understand the specific deadlines that apply to your case.

How Much Is a Rideshare Accident Lawsuit Worth?

The value of an rideshare accident lawsuit depends on if you have serious injuries, the extent of the damages, and the circumstances surrounding the accident. An attorney can help assess your case and provide an estimate of its worth.

Can Uber Force Arbitration?

Uber has arbitration clauses in their user agreements, which may require you to settle disputes through arbitration rather than a lawsuit. However, these clauses have been challenged in court, and an attorney can help you determine if arbitration is mandatory in your case.

Do I Need a Lawyer to Sue Uber?

Although it is not legally required to hire a lawyer, doing so is highly recommended when dealing with ridesharing companies. An experienced car accident attorney can help navigate the complex legal process, negotiate with insurance companies, and represent your best interests to ensure you receive the compensation you deserve.

Understanding the Independent Contractor Status of Uber Drivers

Uber classifies their drivers as independent contractors rather than employees. This distinction is important because it affects the legal responsibilities and obligations of the company and its drivers.

As independent contractors, Uber drivers are considered self-employed individuals who operate their own businesses. This means that they are responsible for managing their own expenses, such as vehicle maintenance, gas, and insurance. It also means that they generally have more flexibility in terms of when and where they work, as they are not bound by the same employment laws and regulations that apply to employees.

However, this independent contractor status also has significant implications for liability and personal injury protection in the event of an accident. Since drivers are not considered employees, Uber can sometimes avoid direct liability for accidents caused by their drivers. Instead, the company provides coverage that kicks in under specific circumstances, as outlined in the previous sections of this blog post.

It’s essential to understand the independent contractor status of Uber drivers when seeking compensation for injuries sustained in an accident involving one of these rideshare services.

How Cousin Benny’s Car Accident Lawyers Can Help After an Uber Accident

Cousin Benny’s personal injury lawyers in Center City have extensive experience handling Uber accident cases. Our dedicated team will work tirelessly to gather evidence, build a strong case, and negotiate with insurance companies on your behalf. 

We understand the challenges you face after an Uber accident and will do everything in our power to secure the compensation you need to recover. 

Trust Cousin Benny’s Uber Accident Lawyers to be your advocate if you’ve just had an accident with an Uber driver or were injured while riding in an Uber.

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Uber Car Accident FAQs

Can I sue rideshare companies if I’m injured as a passenger?

Yes, you can sue a rideshare driver if you’re injured as a passenger. If the rideshare driver is at fault, you may be able to seek compensation from their insurance, Uber’s insurance, or both, depending on the specific circumstances of the accident.

Can I sue an Uber driver if I’m not a passenger?

Yes, you can sue an Uber driver even if you’re not a passenger. For example, if you’re a driver or passenger in another vehicle involved in the accident or a pedestrian who was injured, you could be entitled to compensation. The process for seeking compensation will be similar to that of injured Uber passengers.

How do I prove the Uber driver was active at the time of my accident?

To prove the Uber driver was active at the time of the accident, you may need to obtain records from Uber showing the driver’s status within the app. An attorney can help you gather this evidence through subpoenas or other legal processes.

If I was injured in an Uber car accident, who do I sue?

In an Uber driver accident, you may have the option to sue the Uber driver, the other driver involved, or Uber itself, depending on the circumstances. An experienced attorney can help you determine the best course of action for your specific case.

How do you determine my payout for an Uber car accident injury?

Your payout for an Uber accident claim depends on several factors, including the severity of your bodily injury, the extent of your damages, and the circumstances of the accident. An attorney can help assess your case and provide an estimate of its worth.

I was hit by an Uber driver as a pedestrian. What do I do?

If you were hit by an Uber driver as a pedestrian, follow the same steps as if you were involved in a car accident: seek medical attention, report the accident, document the scene and your injuries, gather information, and consult with your own insurance policy and an experienced car accident attorney. Regardless of whether you’re from South Philadelphia or Northeast Philadelphia, we can help.

Are rideshare companies responsible for accidents?

Uber maintains insurance for its rideshare drivers, but the extent of their responsibility depends on the driver’s status within the app and the specific circumstances of the accident. In some cases, you may be able to hold Uber responsible for your damages, depending upon the clauses outlined in the Uber insurance policy. Consult with a car accident attorney to understand your options.

Benjamin Hoffman

Benjamin Hoffman is a practicing attorney licensed in Pennsylvania and New Jersey as well as the Eastern District of Pennsylvania. Benjamin handles cases for individuals who have been injured as a result of an accident, slip/trip and fall or medical negligence.

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Benjamin Hoffman
Benjamin Hoffman is a practicing attorney licensed in Pennsylvania and New Jersey as well as the Eastern District of Pennsylvania. Benjamin handles cases for individuals who have been injured as a result of an accident, slip/trip and fall or medical negligence.
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