Earlier in April, the First District Court of Appeal in California ruled that a rideshare driver who caused a road accident with two other vehicles is solely liable for the incident. The rideshare company the driver had worked for is not liable for damages because the driver was off-duty and off the platform. He was, in fact, driving home from another job.
This ruling by the CA appellate court tells us two things about rideshare car accidents:
- A rideshare company cannot be held liable if its driver is “off the platform” when the accident occurs.
- It is crucial for plaintiffs to prove that the rideshare driver is “on duty” if they wish to claim personal injury and property damage compensation from the rideshare company.
It is in your best interest to know what to do in case you or someone you love gets into an accident with an Uber driver. Uber provides liability insurance to its drivers: if their driver’s insurance denies your claims or is insufficient to pay the compensation you deserve, you can hold Uber financially responsible for the accident.
What to Do Immediately After an Uber Accident
Your actions immediately after a car accident matters. It could mean the difference between winning a claim and getting denied by the liable party’s insurance provider.
In the case of an Uber accident, you must do the following immediately after:
1. Call 911 and ask for paramedics. Stress that there is a medical emergency if someone sustains a serious injury and needs urgent medical attention.
2. Notify the nearest police station. Since you could be going up against an influential rideshare company, you’ll want to have the accident investigated as soon as possible. Get the contact information of the responding officers and indicate your intent to ask for a police report soon.
3. Gather necessary information and evidence from the accident site. If your injuries are minor and as soon as you’re able to, talk to the people involved or the police and secure the following:
- The Uber driver’s complete name and contact information.
- The insurance carrier and policy details of the Uber driver and other involved motorists, if any.
- Contact information from eyewitnesses.
- Pictures and videos of the accident scene.
- Pictures and videos of your visible injuries.
4. Gather proof that the driver was on-duty when the accident happened. After getting the basic information, you should find out if the Uber driver was on duty. Here’s how
- Take note if passengers exited the vehicle and hailed another cab (an obvious sign that they are rideshare passengers and not personally associated with the driver).
- Check if there are Uber Eats delivery coolers inside the car.
- With the assistance of a responding police officer, you can also check the driver’s phone and confirm the following:
- If the Uber app was turned on
- If the driver was transporting passengers
- If the driver a booking and was en-route to the customer
Make sure that these details are included in the police report. You may also take screenshots of the app for your evidence.
5. Contact an Uber Accident Attorney as soon as possible. Rideshare accident lawyers will know what else to do to prove that a negligent Uber driver was in the course and scope of his duties for the rideshare company when the accident happened.
Whether you’re the driver or the passenger, you deserve to be compensated for any pain, suffering, and financial burden you experience because of another motorist’s negligence. Know what you need to do when you get into an accident with an Uber driver; more importantly, get in touch with an experienced Uber accident driver as soon as you can.
Haffner Lawyers won’t let your efforts and diligence in getting information to prove an Uber driver’s negligence go to waste. We always aim for the highest settlement possible for personal injury, property damage, and other claims against liable rideshare drivers.
Call us anytime you need an Uber accident attorney in Los Angeles. You can reach us at 213-514-5681 or request a consultation here on our website.
(This is an attorney advertisement by Joshua Haffner)