If you’re hit by an Uber driver, what you do next can impact your compensation and the process of your claim. Drivers of other vehicles and pedestrians who are hit by an Uber driver have important rights – but it’s important to do the right things to claim your compensation.
The Maderal Byrne & Furst PLLC team of Florida rideshare accident attorneys explains what to do if you’re struck by an Uber driver.
What to Do If an Uber Driver Hits You
Summon emergency services and seek medical attention
The first thing to do if you’re hit by an Uber is call for emergency services and receive medical care. Prevent additional injury by moving to safety, if necessary. Seek medical attention if you are injured or if there is any possibility that you are injured. Remember, in the stress of being in a collision, injuries can be more serious than you may realize.
Report the accident to the police
Whether or not you are legally required to report the accident to the police, make sure the police are notified of the accident. An investigating officer can document information, serve as a valuable witness to the accident scene and help document the link between the accident and your injuries. Get a copy of the police report when it becomes available.
Document the accident scene
You can’t count on law enforcement to preserve all the information you need. They’re not focused on building your case – they’re looking for violations of law and documenting accident statistics. Record the accident scene as best you can by taking photos. Photograph the vehicles as well as the intersection, injuries, the greater landscape, and anything else that may be relevant.
Get the Uber driver’s information and other key details
The Uber driver should provide you with their name, their Uber ID number, state driver’s license information, and insurance. In addition, get contact information for other witnesses and victims.
Report the accident to Uber
Tell Uber about the accident. They call their reporting system the Third Party Incident Notice. You’ll provide basic information about what happened and your contact information. You don’t need to have a complete list of damages when you submit the report. Simply tell them that you have sought medical attention for injuries, and you will submit more complete information at a later time.
Understand how Uber claims are different
Uber accidents don’t just involve Uber drivers and their passengers – you may be a driver in another vehicle, a passenger in another vehicle, a pedestrian, a bicyclist, or other person involved. When you’re one of these parties, and in an accident involving an Uber, you’re in a unique category of victims. The claim involves Uber, but you aren’t an Uber driver or customer.
Here’s what you should know – Uber’s insurance guarantee applies to you, too. Uber provides drivers with liability insurance. The insurance applies up to $1 million during an active ride or $50,000 per person, or $100,000 per accident when an Uber driver is at fault for a collision. A person who is hit by an Uber driver may seek compensation through this insurance.
By law, Uber’s insurance coverage may not depend on the driver’s personal insurer first denying a claim. The driver must disclose whether they were logged in or giving a ride at the time of the crash. They must disclose their insurance coverage and limitations.
From your standpoint, it’s important to know that this insurance exists and it may apply in your situation. The insurance can be a welcome resource for someone who sustains injuries by being struck by an Uber.
Understand how Uber claims are the same
In some ways, an Uber accident claim is like other accident claims. Florida no-fault laws apply, so drivers and passengers may be covered by PIP insurance. Florida Statutes § 627.737 applies to allow a tort action when a victim suffers a serious, permanent, or fatal injury.
Call an experienced Uber accident lawyer
To receive compensation, you must bring a claim. You may claim through Uber’s insurance, but it may be necessary to take your case to court. You can have an experienced lawyer represent you to bring your claim.
Hit By an Uber Driver? – Contact Us
Maderal, Byrne & Furst represents people who are hit by an Uber driver in claims to receive financial compensation. If you were a driver, passenger, or pedestrian who was struck by an Uber, we invite you to contact us to talk about your situation and how we can help. We represent injured people in claiming compensation through Uber insurance and in court proceedings. Contact us today for a consultation about your case.
Will my case go to arbitration? – Uber Arbitration and Non-Rideshare Victims
You may have read in the news that many Uber disputes are resolved in arbitration.
For example, the United States Court of Appeals for the Third Circuit recently rejected a challenge to driver arbitration requirements on the argument that the drivers were engaged in interstate commerce. (See Singh v. Uber Technologies, Inc., No. 21-3234 (3d Cir. 2023).
Uber includes an arbitration clause in its Terms of Use. Many people may not realize that when they click the button to accept the terms and conditions of the app, they’re agreeing to arbitration instead of addressing any potential claims in court.
Drivers and rideshare passengers have challenged this arbitration requirement. However, Uber aggressively seeks to resolve disputes with contracted parties through arbitration proceedings, citing the terms of use that drivers and rideshare passengers agree to when using their services.
Florida Statutes § 682.03 allows a party to motion the court to compel arbitration, if there is an existing agreement. Generally, as more and more courts are evaluating Uber’s arbitration requirements, courts are upholding them for drivers and riders.
However, when you are in another vehicle or a pedestrian, you haven’t entered into a contract with Uber. You didn’t check a box agreeing to their terms and conditions, and you didn’t agree to alternative procedures to traditional litigation.
Florida Statutes § 682.03(3) says that the court may not order arbitration if there is no enforceable agreement to arbitrate. If you’re a driver or passenger in another vehicle or a pedestrian, the arbitration requirements that apply to drivers and riders do not apply to you.
For more information about your individual situation, please contact our attorneys.
