Uber Accidents
If you or someone you love suffered an injury in an Uber accident in Philadelphia Pennsylvania, you may not know where to seek help. Do you file a claim with the at-fault driver or with Uber? Who is responsible for paying medical expenses and damages? Seek out an experienced injury team of Philadelphia Uber Accident Lawyers.
Rideshare accidents, like Uber crashes, are complex and relatively new. Whether you can file a claim with Uber and collect against their $1 million insurance policy depends on many factors. To achieve the best outcome, it is important to contact a skilled Pennsylvania uber accident lawyer at Ciccarelli Law Offices. We have the experience and resources needed to tackle these complicated cases.
What Should You Do Following an Uber Accident?
Following an Uber accident—like any auto accident—what you do after a crash increases your chances for a successful accident claim. However, before considering compensation, your injuries and those of others involved in the accident should always be your main focus following an Uber accident. Everyone involved in the accident should be checked out by a medical professional.
This is not a step you should skip, even if you think you are not that badly injured. The adrenaline that floods your body during an accident can mask symptoms of more serious injuries. Later on, when the adrenaline subsides, and you are home, you may realize that your injuries are more severe than you realized. After everyone involved in the accident has received medical attention, if you are able, do the following:
- Exchange information with the other driver. If you are a passenger in an Uber vehicle, obtain contact and insurance information from your Uber driver and the other driver as well
- Call the police—the police report can be an important component of your claim for damages.
- Take photos at the scene of the accident with your cell phone, including the vehicle’s license plates, the damage to the vehicle, and anything at the scene of the accident that might have contributed to the accident.
- If there are witnesses to the accident, obtain contact information from them.
- Once you are home, take a minute to write down anything you can remember about the accident. The smallest detail could end up being extremely important later on when you file an accident claim.
- Keep all medical expense receipts in a file folder so you can easily access them and document any work lost due to the accident.
- Contact your insurance company to either file a claim if you have limited tort no-fault insurance or simply to let them know about the accident if you have full tort no-fault insurance.
- Contact an experienced Uber accident attorney who can take care of the legalities of the accident while you heal from your injuries. This could be one of the most important steps following your accident, as an Uber accident attorney will have the knowledge and skills to zealously fight for your rights and your future.
How is Liability Proven After a Philadelphia Uber Accident?
Proving liability is one of the most important components of any auto accident, including an Uber accident. Liability can be shown in many ways, starting with the police report. The police officer or officers that arrive on the scene will question all those involved in the accident and witnesses, if there were any, to determine the cause.
The report will state who is to blame or if the officer issued any citations. This could help your attorney show liability. If the police cannot determine fault, then it is likely that the insurers involved will perform their own investigation.
Since that investigation is likely to be skewed in their favor, you must have a highly skilled personal injury attorney by your side who can conduct their own investigation. In some instances, your attorney may bring in an accident reconstructionist and look for traffic cameras or cameras from local businesses that may have recorded the accident. Most newer vehicles also have some form of “black box,” which can indicate the vehicle’s speed and whether there was a “hard brake” immediately before the accident.
What Are Common Injuries Following Uber Accidents?
The most common injuries following any car accident include broken bones, sprains and strains, cuts, scrapes, bruising, and neck and back injuries (including whiplash). More severe injuries include spinal cord injuries, internal bleeding, damage to internal organs, serious concussions and traumatic brain injury, limb amputation, and serious infection. Traumatic brain and spinal cord injuries can result in long-term and extremely costly medical expenses and prevent the victim from ever returning to work.
Does Pennsylvania Have No-Fault Insurance?
Pennsylvania, like about a dozen other states, has no-fault insurance. However, Pennsylvania’s version is unique in that drivers can choose limited or full tort when purchasing insurance. Limited tort insurance is less expensive but has fewer benefits if you are involved in a severe accident. Under limited tort insurance, your auto insurance pays for medical treatment, lost wages, and other out-of-pocket losses you may have experienced due to your Lyft accident.
This is true regardless of whose fault the Lyft accident was. To step outside the limited tort no-fault system and file an insurance claim against the at-fault driver, your injuries must meet certain thresholds set by Pennsylvania state law.
You cannot claim pain and suffering damages under your limited tort insurance or any other non-monetary losses unless your accident rises to the ” serious ” level and your resulting injuries are severe. Once you have exhausted your own limited tort insurance (medical minimums are $5,000—a sum which can be exhausted quickly), you can file against the at-fault driver’s insurance.
If your accident caused disfigurement or left you disabled, you can also file for pain and suffering. If you choose full tort insurance, you will skip filing with your insurance company and file directly with the at-fault driver’s insurance company. In either case, whether you have limited tort or full tort insurance, if your injuries are so severe that insurance limits have been exceeded, you can file with Uber to pay for your damages.
Is Uber Insured Against Accidents in Pennsylvania?
Uber does carry its own insurance, which applies under certain circumstances. When the Uber driver is offline, or the driver app is off, the driver’s personal insurance and coverages apply to the accident. When the driver is available or waiting for a ride request, Uber maintains the following auto insurance on behalf of the driver:
- Third-party liability insurance coverage if the driver’s personal auto insurance doesn’t apply with $50,000 in bodily injury per person, $100,000 in bodily injury per accident, and $25,000 in property damage per accident.
When the driver is en route to pick up passengers or has already picked up passengers, Uber maintains the following auto insurance:
- $1,000,000 third-party liability, uninsured/underinsured motorist bodily injury, and first-party injury insurance.
The same insurance applies to UberEats delivery drivers.
Can I Sue Uber for My Injuries?
Whether you can sue Uber for your injuries depends on many issues, including whether fault has been clearly determined. Once fault is determined, whether you can sue Uber for your injuries will depend on whether you were a passenger or a driver and the type of insurance all those involved have. Your Uber accident attorney will be able to comprehensively review the facts and circumstances surrounding your accident, then help you determine whether you can sue Uber for your damages.
How Long Will My Uber Accident Lawsuit Take?
The time an Uber accident lawsuit will take will depend on the case’s facts. However, in general, when the injuries are moderate, you can expect negotiations to take about six to eight months when liability is clear. If your injuries are more severe, catastrophic, or if liability is unclear, your case could take much longer. A court date will be set if your attorney has filed a lawsuit against Uber. When a case goes to court, it can take up to two years or even longer settle. Once you settle your case or a jury verdict has been reached, it will take about six weeks to receive your settlement check.
Do I Really Need an Uber Accident Attorney?
Uber accidents are exponentially more complex than “normal” auto accidents because more insurers may be involved. You must have a strong personal injury attorney who has experience in rideshare accidents to ensure your rights and your future are protected in the way they need to be protected.
If you or someone you love suffered an injury in an Uber accident anywhere in Pennsylvania, our law firm is here to assist you. We want to be the first – and only call you need to make. At Ciccarelli Law Offices, we know how to get Uber accident victims the compensation they deserve. Call us today to learn more about your legal options. Contact us now for advice from a Philadelphia Uber Accident lawyer.