What to do if Your Uber Crashes
Picture this: you’re in an Uber, on your way to an important event, and suddenly – bam! An accident occurs. What do you do next? No one ever wants to be in this situation, but traffic accidents happen. In Australia, the chance of being accidentally injured while using a ridesharing service like Uber is increasing along with its popularity. 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 claim or motor vehicle accident claim.
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4 Immediate Steps to Take Following an Uber Accident
In the event of an Uber accident, swift and efficient action is key to protecting your legal rights. First, you should ensure the safety of the driver and Uber passengers. Next, collect the contact information of all participants and lodge a police report. Remember, time is of the essence, and what you do immediately following an Uber crash will impact the outcome of any car accident claims.
1. Assessing Injuries and Ensuring Safety
First and foremost, assess any injuries and call for medical help if necessary. Prioritising the safety of all parties involved, including the Uber driver, passengers, and pedestrians, is essential. Be prepared to check for certain injuries, like:
- Severe bleeding
- Broken bones
- Difficulty breathing
- Unconsciousness
- Head and neck injuries
Remember, some personal injuries may not be immediately obvious, so be aware of any pain or discomfort anyone is experiencing. 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 claim, you will need the contact details of everyone involved in the rideshare car accident. Including the Uber driver, other drivers, other passengers and witnesses. Witness statements are particularly important for determining who was the at-fault driver (otherwise known as legal liability)
Remember, an insurance company settles your CTP or compensation claim, and they rely on robust evidence when determining the negligent party (or parties)
3. Reporting the Accident
After collecting contact details, the next step is to 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 either 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, particularly when it involves a rideshare company.
4. Seek Legal Advice
You could make a compensation claim when you suffer physical or psychological injuries in a rideshare car accident. To be certain of your legal options and to ensure a successful payout, you must get experienced legal advice.
Fortunately, in Australia, if you are harmed in a car accident, either as an Uber passenger or a rideshare passenger, your rights are the same as if you were in a crash with other private vehicles. Your rights are protected by the Motor Accident Compensation Act 1994 (the Act).
Our personal injury lawyers will explain your legal options for free: Call Now 1800 700 125
About Insurance Coverage 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 a successful 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.
Managing the Car Accident Claims Process
At first glance, the claims process may seem quite challenging, so knowing how to effectively navigate this procedure is crucial to a winning result. By speaking with insurance companies, you can ensure that you receive appropriate care and fair compensation for any losses or injuries you sustained in the accident. But before filing a personal injury claim, you must get expert legal representation, as insurers will try to minimise or deny your entitlements.
Communicating with Insurance Providers
Maintain open communication with your insurance providers throughout the claims process. Be prepared to provide any necessary documents or information promptly, and be cautious when considering early settlements, as these may not fully compensate you for your damages.
Remember that insurance companies will seek to reduce common law payouts, which is when an experienced car accident compensation lawyer can help.
Seeking Legal Assistance
Consulting with an experienced Uber accident lawyer can be incredibly beneficial when managing the claims process. An expert personal injury lawyer who knows Uber accident laws and regulations can help you understand your entitlements, gather the necessary evidence, and negotiate the best possible settlement.
Determining Fault and Compensation in Uber Accidents
Deciding fault and compensation in Uber accidents is essential to the claims process. That’s because the negligent party insurer is liable to 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 personal 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 severe injuries.
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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.
Thankfully, Splatt Lawyers has been helping people seek compensation for trip accidents since rideshare companies began operations in Australia. Our knowledge and expertise guarantee access to all your entitlements, including a lump-sum settlement.
When you make a claim 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