How to Handle an Uber Accident Claim in Houston

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“No matter how big or small your injury is, we are committed to fighting justice the same” – Atty. Roxell Richards

The busy streets of Houston are a prime location for rideshare services like Uber and Lyft to thrive. Whether it’s a quick trip to the store, a safe ride home after a night out, or a convenient airport transfer, these services have become essential to everyday life.

However, with more rideshare vehicles on the road, the risk of accidents involving these drivers increases. If you’re involved in an Uber accident in Houston, here’s what you need to know.

Steps to Take After an Uber Accident

If you’re in an Uber accident, taking the right steps can greatly affect your safety and any legal or insurance claims that follow. Here’s what to do:

Prioritize Safety: Check if you or anyone else is injured and needs immediate medical help. If you can, move to a safe area away from traffic.
Call 911: Always report the accident to 911 so law enforcement can create an official accident report.
Gather Information: Get contact and insurance details from the Uber driver and any other drivers involved. Also, collect contact info from any passengers.
Document the Scene: Take photos of the accident scene, the vehicles involved, and any injuries.
Report the Accident to Uber: Use the Uber app to report the incident, providing accurate details. Avoid making statements about fault.
Consult an Attorney: Speak with a personal injury attorney experienced in Uber accident cases to guide you through the process of seeking compensation.

Insurance Requirements for Uber and Lyft Drivers

Texas law requires drivers to have minimum insurance coverage, known as 30/60/25—$30,000 per person for injuries, up to $60,000 per accident, and $25,000 for property damage.

Rideshare drivers need to understand that personal auto insurance often doesn’t cover accidents during rideshare trips. Drivers should obtain additional “rideshare coverage” or a “rideshare endorsement.” Rideshare companies like Uber and Lyft are also required by Texas law to provide liability coverage when the rideshare app is active.

Understanding Uber’s $1 Million Liability Insurance

Insurance coverage can be confusing, especially with rideshare companies like Uber. Knowing how the different levels of insurance apply is key to securing compensation after an accident.

Uber provides liability coverage up to $1 million if the driver’s insurance is inadequate or doesn’t apply. The status of the driver at the time of the accident determines the amount of coverage:

If the Driver Had a Passenger: Uber’s liability insurance likely covers damages, with coverage up to $1 million.
If the Driver Was Waiting for a Request: Uber’s coverage may be limited to $50,000 per person for bodily injury and $25,000 for property damage. The driver’s personal insurance kicks in first, and Uber’s policy covers the rest if necessary.
If the Driver Had the App Off: If the driver wasn’t logged into the app, Uber doesn’t provide coverage. The driver’s personal insurance would apply.

Why Insurance Companies May Deny Claims from Uber Drivers

Insurance companies often scrutinize claims from Uber drivers more closely than those from traditional drivers. They may argue that the driver was operating “for hire,” which could challenge coverage under the driver’s personal insurance policy. The insurance company might suggest that Uber’s commercial insurance is responsible, creating a conflict between the driver’s insurance and Uber’s coverage.

Passenger Rights in an Uber Accident

A passenger interacting with an Uber driver inside a car, pointing at a smartphone

As a passenger in an Uber accident, it’s crucial to follow certain steps to ensure a smooth claims process. Get the Uber driver’s name, contact information, and insurance details, as well as those of any other drivers involved. Document the accident scene and take photos if possible. Contact a lawyer quickly to ensure you take the right steps to secure compensation for your losses.

Driver Responsibilities in an Uber Accident

If you’re driving for Uber and involved in an accident, it’s important to know your rights and responsibilities. Uber drivers must maintain personal auto insurance, which usually covers non-rideshare use. When driving for Uber, the company’s insurance provides additional coverage. Understanding the differences between personal and rideshare insurance and knowing how to report an accident to Uber are crucial for protection and compensation.

Personal Injury Claims Process After an Uber Accident

After an Uber accident, a personal injury claim begins with an attorney investigating the accident to determine liability and identify insurance coverage. The lawyer will then file a claim against the at-fault party’s insurance. An insurance adjuster will review the claim and respond, which may result in payment, denial, or a settlement offer.

Most personal injury claims are settled out of court, but if the settlement offer is too low or the claim is denied, a lawsuit may be filed. A judge or jury will then determine the compensation amount. Even after a lawsuit is filed, there’s still a chance of settlement before the final decision.

Initial Investigation:

After an Uber accident, the personal injury claims process begins with your attorney conducting a thorough investigation. This includes gathering evidence from the accident scene, reviewing police reports, collecting witness statements, and analyzing any available video footage. The goal is to determine who was at fault and identify all potential sources of insurance coverage.

Filing the Claim:

Once liability is established, your attorney will file a claim against the at-fault party’s insurance. This claim details the injuries you sustained, the damages to your property, and any other losses you’ve experienced. The claim also demands compensation based on the evidence gathered.

Insurance Adjuster Review:

After the claim is filed, an insurance adjuster will review it. The adjuster’s role is to evaluate the claim and determine the insurance company’s liability. They may ask for additional information, investigate further, and assess the damages you’ve claimed.

Response from the Insurance Company:

The insurance company will respond to your claim in one of three ways:

Payment: If the adjuster agrees with your claim, the insurance company may offer a payment that covers your losses.
Denial: If the insurance company disputes the claim, they may deny it, providing reasons for the denial.
Settlement Offer: Often, the insurance company will offer a settlement amount, which is usually less than the full value of your claim. They may try to negotiate this amount with your attorney.

An insurance agent discussing a claim form with a client in an office setting.

Negotiations:

If a settlement offer is made, your attorney will negotiate with the insurance company to seek a fair amount. This process involves back-and-forth discussions to ensure that the settlement covers your medical expenses, lost wages, pain and suffering, and other damages.

Filing a Lawsuit:

If the settlement offer is too low or the insurance company denies the claim, your attorney may file a personal injury lawsuit. This legal action moves the case into the court system, where a judge or jury will ultimately decide the outcome.

For personalized guidance, you can always reach out to the Roxell Richards Injury Law Firm for a free consultation to discuss your situation.

Pre-Trial Procedures:

Before the trial, both parties may engage in discovery, where they exchange information and evidence. Depositions, interrogatories, and requests for documents are common during this phase. There may also be pre-trial motions to resolve certain issues before the trial begins.

Trial:

If the case goes to trial, both sides will present their evidence and arguments before a judge or jury. The trial involves opening statements, witness testimony, cross-examinations, and closing arguments. The judge or jury will then deliberate and issue a verdict, determining the amount of compensation you will receive, if any.

Settlement Opportunities:

Even after a lawsuit is filed, settlement discussions can continue. Many cases are resolved through negotiation before reaching a final court decision. Your attorney will continue to advocate for your best interests throughout this process.

Post-Trial and Appeals:

If the verdict is in your favor, the court will order the payment of damages. However, either party may choose to appeal the decision if they believe there were errors in the trial. The appeals process can extend the duration of the case but may also result in a different outcome.

By understanding and navigating each of these steps with the help of a skilled attorney, you can better manage the complexities of a personal injury claim after an Uber accident and work towards securing the compensation you deserve.

An Uber accident lawyer in a suit discussing legal documents with a client during a meeting

Tips for Handling an Uber or Lyft Accident

Handling the aftermath of an Uber or Lyft accident can be complicated, but these tips can help:

Consult an Attorney: Speak with an attorney experienced in rideshare accidents as soon as possible after the accident.
Obtain the Police Report: Make sure you get a copy of the police report; it’s essential for your claim.
File a Claim with the Correct Insurance: Depending on the situation, you may need to file a claim with your insurance, the Uber driver’s insurance, or Uber’s commercial insurance. Understanding which policy to file with is crucial.
Know Your Claim’s Value: Insurance companies often offer low settlements. Hire a lawyer to help you understand the true value of your claim and negotiate on your behalf.

By following these tips and seeking legal counsel, you can better navigate the complexities of an Uber or Lyft accident claim and ensure you receive the compensation you deserve.

FAQs

Can you drive for Uber after an accident?

You might be able to continue driving, but it depends on Uber’s assessment of the accident. Factors like fault, severity, and your driving record will be considered.

Is Uber responsible for accidents?

Uber’s responsibility varies. Typically, if the Uber driver is at fault, Uber’s insurance may cover damages. The specifics depend on the driver’s status during the accident.

Will Uber deactivate me for an accident?

Uber may temporarily deactivate your account to investigate the accident. They may permanently deactivate it if you’re involved in three accidents within three years, regardless of fault.

What happens if you get hit while in an Uber?

If you’re hit while in an Uber, report the incident to Uber immediately. Depending on who caused the crash, you may be covered under Uber’s insurance. Document the accident, seek medical attention if needed, and consult a lawyer.

Can you sue Uber if you get in an accident?

You might be able to sue Uber, but it’s more common to sue the driver directly. You could have a case against Uber if the company was negligent or contributed to the accident, such as by not properly screening drivers.

Where can I find an Uber accident lawyer near me in Houston, TX?

In Houston, TX, you can find lawyers specializing in Uber accidents through local directories or online searches. The Roxell Richards Injury Law Firm is known for handling such cases and can help you navigate the complexities of rideshare accident claims.

If you’ve been injured in an Uber or Lyft accident in Houston, contact the experienced legal team at the Roxell Richards Injury Law Firm to schedule a free consultation.

Act Now for Justice and Compensation!

If you’ve been injured in an Uber or Lyft accident in Houston, don’t face the challenges alone. The experienced legal team at the Roxell Richards Injury Law Firm is here to help you navigate the complexities of your claim, negotiate with insurance companies, and ensure you get the compensation you deserve. Contact us today for a free consultation to discuss your case.

Local: (713) 974-0388

Toll-Free: 1-855-GOT-INJURED

Email: intake@roxellrichards.com

6420 Richmond Ave. Ste. #135

Houston, TX 77057