Rideshare and Uber Accident Lawyers
An experienced Uber accident lawyer provides legal advice regarding your rights when injured in a rideshare accident. In Queensland, all motor vehicle drivers (including those using the Uber platform) owe a general duty of care to other road users. When something goes wrong, and you are harmed, you could have the right to claim compensation for your financial loss.
However your Uber accident occurred, a Splatt rideshare accident lawyer will advise your eligibility to seek compensation and the next steps for a personal injury claim. It’s free to learn your legal rights, and all our legal services are 100% no win, no fee. Start for free by calling now 1800 700 125.
Can You Sue Uber If Your Driver Crashes?
When you are injured in a car crash during an Uber trip, your legal rights are the same as for other motor vehicle accidents in private vehicles. That’s because CTP insurance is a requirement for all Uber vehicles. Hence, when you have an Uber crash, you claim against the CTP insurance of the at-fault driver.
The rights of an Uber passenger are protected by the Motor Accident Compensation Act 1994 (the Act).
It can be challenging because insurance companies generally try to limit their liability, or sometimes, there is more than one negligent party. Thankfully, it’s free to seek legal advice to understand your circumstances and when injured by the negligence of others.
Whose fault in a car accident >
What To Do If Your Uber Driver Crashes
Our ultimate legal guide explains the vital steps to take after an Uber accident, regardless of whether you are a rideshare passenger or driver. Stay with us, and let’s explore what you must do following an Uber accident, including your right to make an injury or motor vehicle accident claim.
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4 Immediate Steps to Take Following an Uber Accident
Swift and efficient action is critical to protecting your legal rights in the event of an Uber accident. What you do immediately following an Uber crash often impacts the outcome of any car accident claims.
1. Assessing Injuries and Ensuring Safety
First, assess any injuries and call for medical help if necessary. It is essential to prioritise the safety of all parties involved, including the Uber driver, passengers, and pedestrians.
Remember, some injuries may not be immediately apparent. Regardless of how you feel, it’s a good idea to seek medical attention so a doctor can document any physical or psychological injuries.
2. Gathering Contact Information
If you decide to make a compensation claim, you will need the contact details of everyone involved in the rideshare accident. Including the Uber driver, other drivers, other passengers and witnesses. Witness statements are essential for determining who was the at-fault driver (otherwise known as legal liability)
3. Reporting the Accident
Next, report the accident. Start by contacting the police and giving them all the relevant information, especially when there’s a risk of permanent disability or accidental death. Also, remember to keep a copy of the police report for your records.
Next, report the rideshare car accident through the Uber app by calling a trained agent for immediate help or selecting “Trip Issues and Adjustments” and then “I was in an accident” to file the report.
Lastly, remember to report the incident to your insurance company, which is crucial when seeking compensation, mainly when it involves a rideshare provider.
4. Seek Legal Advice
You could make a compensation claim when you suffer physical or psychological injuries in a rideshare car accident. To be sure of your legal options and to ensure a successful payout, you must get experienced legal advice.
Our personal injury lawyers will explain your legal options for free: Call Now 1800 700 125
Insurance Coverage Provider for Uber Accidents
Insurance coverage is a complicated topic, especially regarding ridesharing services like Uber. Knowing the differences between your personal insurance policy and Uber’s coverage will help you manage the claims procedure and increase your chance of an approved compensation claim.
Uber’s Insurance Policy
Uber’s insurance policy covers drivers and passengers using the Uber app, including liability and uninsured/underinsured motorist coverage. Consequently, Uber drivers must always comply with the registration guidelines. One such necessity is a current compulsory third-party (CTP) insurance policy.
Personal Insurance Policies
Depending on the circumstances, personal insurance policies may also play a role in an Uber accident. When you’re not using the Uber app, your auto insurance provides coverage, although your personal insurance company may not cover accidents that occur while logged into the app.
Furthermore, if you work for a rideshare company as a driver, we recommend reviewing your policy and discussing it with your insurance coverage provider. Doing this helps protect your right to make a personal injury claim when you are injured in a trip accident.
Determining Fault and Compensation in Uber Accidents
Deciding fault and compensation in Uber accidents is essential to the claims process. This is mainly because the negligent party insurer must pay damages, including medical expenses, past and future lost income, and pain and suffering.
Establishing the At-Fault Driver
When an Uber driver crashes, the motorist’s actions and the type of accident help determine who is to blame. In this situation, Uber’s GPS data can offer valuable information about the Uber driver’s movements and actions during the accident, helping to assign fault and liability.
How Much Compensation for an Uber Accident
The severity of your injuries and how much they interfere with your life will determine how much compensation you receive for an Uber crash. When calculating compensation payouts in Australia, lawyers and insurers use “head of damages,” which considers factors like:
- Medical expenses
- Lost wages
- And emotional pain and suffering
Typically, lump-sum benefits include medical expenses like hospital bills, doctor’s fees, rehabilitation costs, and ongoing care.
Consequently, there can be significant differences in the value of compensation settlements, ranging from a few thousand dollars to a six-figure lump-sum payment for serious injuries.
What is my claim worth?
Rights and Responsibilities of an Uber Driver
Uber drivers hold distinct rights and responsibilities, such as complying with insurance requirements and potential legal implications if found culpable in an accident. By knowing their rights and responsibilities, Uber drivers can ensure they have enough coverage if they have an accident.
Insurance Requirements for Uber Drivers
When you drive for a rideshare company in Australia, these are some typical requirements:
- Injury liability coverage of at least $50,000 per person and $100,000 per accident
- Property damage liability coverage of at least $25,000 per accident
- Compulsory third party (CTP) insurance
- Third-party property damage insurance
These regulations protect the driver, passengers, and other parties involved in car accidents, ensuring a smooth process in the accident vehicle replacement program.
Legal Consequences for Uber Operators
If an Uber driver is found at fault in an accident, they may face legal consequences, such as potential personal injury claims from injured passengers. Fortunately, the driver’s CTP insurance protects rideshare passengers. Hence, the at-fault driver’s CTP insurer typically pays lump sum compensation in these circumstances. Uber drivers must also be aware of the consequences of repeated accidents, as Uber may temporarily or permanently suspend their accounts.
Steps to Avoid Uber Accidents
To reduce the risk of an Uber accident, passengers and drivers should follow road safety rules and best practices. These preventative steps can decrease the chance of an accident occurring, making the rideshare experience safer for all users.
Safety Tips for Passengers
As a passenger, always wear your seatbelt, avoid distractions, and report unsafe driving behaviour to Uber. You ensure a safe journey by following Uber’s safety guidelines, like:
- Requesting your ride inside
- Checking your ride
- Having the driver confirm your name
- Sitting in the back seat
Best Practices for Uber Drivers
Uber drivers should follow these guidelines to ensure passenger safety and avoid situations like Uber driver crashes:
• Follow traffic laws.
• Maintain their vehicles.
• Adopt defensive driving techniques.
• Keep a safe distance from other vehicles.
• Drive at a safe speed
• Use a phone mount while driving.
• Prevent distracted driving.
Legal Advice for Rideshare Car Accident Claims
Rideshare services are convenient, but being accidentally injured is not. That’s when you must know the steps after an Uber accident, including your legal options.
Since rideshare companies began operating in Australia, Splatt Lawyers has been helping passengers understand their legal rights regarding Uber accident compensation.
When you seek justice with Splatt Lawyers, you have peace of mind knowing all our legal services are 100% no win, no fee. Consequently, you pay when you win and zero if you lose. Determining your eligibility to claim is also free, with no up-front costs. Call Now 1800 700 125
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Uber Motor Vehicle Accident Claim FAQs
What happens if my Uber is involved in a car accident?
If you’re involved in an accident while on an Uber trip, you’ll be covered for your injuries and vehicle damage through the CTP insurance policy and Uber’s vehicle liability cover. The Uber claims support team will guide you through the crash reporting process.
Does Uber have insurance for car accidents in Australia?
Yes, Uber provides insurance in Australia. Vehicle liability insurance that covers third-party bodily injury and property damage exists for all rides booked through the Uber app. All main rideshare services (Uber, DiDi, Ola) also require compulsory third-party insurance (CTP) and third-party property insurance. Drivers and delivery people using the Uber app will be automatically covered under an insurance policy for accidental injuries arising from on-trip accidents.
What should I do immediately after an Uber accident?
Check for safety, get contact info, and report the accident to the police, Uber, and your insurance company. These are the steps you should take immediately after an Uber accident.
How does Uber’s insurance coverage work?
Uber offers liability and uninsured/underinsured motorist coverage, giving passengers and drivers peace of mind during their rides.
What damages are included in compensation for rideshare personal injuries?
You can seek damages for accident-related losses when claiming compensation for a rideshare injury. Hence, your injury claim payout includes expenses like:
• Medical and hospital treatment
• Ambulance fees
• Prescriptions
• Rehabilitation costs
• Lost income and super, including future losses.
• Damages for emotional suffering