Stawicki, Anderson, & Sinclair Attorneys at Law

5207 Sunrise Blvd. Fair Oaks, CA 95628

Greater Sacramento:

(916) 363-2889

Sutter, Yuba, Placer & El Dorado Counties:

(530) 741-1050

Solano County:

(707) 434-9771

Contra Costa Counties:

(925) 692-1155

Amador, Calaveras, Tuolumne & San Joaquin Counties

(Stockton):

(209) 632-1684

Stawicki, Anderson, & Sinclair Attorneys at Law

5207 Sunrise Blvd. Fair Oaks, CA 95628

Solano County: (707) 434-9771

Amador, Calaveras, Tuolumne & San Joaquin Counties:

(209) 632-1684

Contra Costa Counties: (925) 692-1155

Sutter, Yuba, Placer & El Dorado Counties: (530) 741-1050

Greater Sacramento:

(916) 363-2889

Sutter, Yuba, Placer & El Dorado Counties:

(530) 741-1050

Solano County:

(707) 434-9771

Contra Costa Counties:

(925) 692-1155

Amador, Calaveras, Tuolumne & San Joaquin Counties

(Stockton):

((209) 632-1684

4 Mistakes To Avoid When Filing an Uber Accident Claim

Oct 18, 2023

Uber and other rideshare services are a part of daily life for many people. Since many of these cars are on the road, car accidents involving Uber drivers are common. If you are a victim of an accident caused by an Uber driver, you should avoid the following mistakes when filing a claim.


1. Failing to Document the Accident Scene


To succeed in an Uber accident claim, you need as much evidence as possible. While some drivers accept liability from the start, drivers will often try to downplay their role in the accident. In this case, your memory of the accident is insufficient to support your claim.


Photos of the Uber vehicle, the damage it caused, and any injuries you suffered will provide valuable evidence for your case. Also, get the contact information for eyewitnesses. It is also essential to write down an account of the events that led to the accident while the memory is still fresh in your mind.


2. Failing to Seek Medical Attention


A doctor's medical opinion will be critical to your claim against Uber. Ask your doctor for an extensive assessment. After they write down their report, ask for a copy. Your attorney will use your medical report to build a personal injury case. Additionally, ensure you attend all doctor's appointments. Also, keep a record of all medications you take and the contact information of all the specialists you visit.


Many car injury victims make the mistake of putting off medical care after an accident or going for treatment only when their pain is unbearable. The insurance company aims to pay as little as possible for an accident settlement, so if you fail to seek immediate medical treatment, they may argue that your injuries aren't as severe as you claim. Furthermore, the insurer may suggest that you have pre-existing injuries and that your condition wasn't caused by the accident.


3. Making a Claim Against the Wrong Party


It might be challenging to decide who to hold accountable for an Uber accident when you don't know if the driver was working. You should submit a claim to the driver's insurance provider if the driver's app was inactive during the collision. But, if the app was on, you should contact Uber and make a claim.


However, the challenge lies in requesting information from Uber to check whether the app was on or off. Uber may refuse to provide records of this information. In this case, your attorney can subpoena driving records from Uber to determine whether the driver was working. 


These records also help determine whether the driver was waiting for an order or going to pick up a passenger. The problem is that securing a subpoena is a lengthy process.


To avoid making a claim against the wrong party and missing the claim's filing deadline, you should file a claim against Uber and the driver's insurance company. Later on, after obtaining sufficient information, you can withdraw the claim against the wrong party.


4. Accepting a Settlement Without Your Attorney's Input


If you make a claim against Uber after an accident, the company may offer you a settlement. In many cases, the first settlement is less than what you deserve. For example, you may later realize that your injuries have caused temporary disability. Therefore, you might need continued medical care.


In such a scenario, if you attempt to make another claim, it may be null and void if you accepted an early settlement. Don't be in a hurry to put the incident behind you without carefully assessing your damages. To get a fair damage award, give your attorney time to value your total damages.


If you sustain injuries in an Uber accident, you should file a claim against the liable party. With many years of experience, Stawicki Anderson & Sinclair can help you get fair compensation. Contact us today to review your case and jump-start the claim process.

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