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What happens if my Uber gets in a crash?

Let’s say that it’s a Friday night on campus, and you and your friends are ready to go out and unwind. You hop into the Uber that you sent for on your phone. But on the way to your destination, your driver rear-ends another car, causing your head to hit the seat in front of you and your neck to snap back and forth. You may have a serious injury and hefty medical bills. You are left wondering what your actions should be.

Now that ridesharing apps are a common part of college life for many Texan students, it is important to know what you should do if your rideshare is ever in an accident. So, what should you do if your Uber or other rideshare is in crash?

  • In the immediate after math of an accident, the most important step is to tend to your injuries. Even if you do not think that you have any injuries, it is important to seek medical care. This is because many accident-related injuries do not manifest until several weeks—or even months—after the crash.
  • You should also document the scene of the accident. Take pictures of the wreckage and the surrounding area. Get the name, contact information and insurance information of the other driver. You should also try to get the contact information of any people who may have witnessed the accident.
  • It is also important to gather all of the data that you have regarding your Uber transaction. Get the full name and contact information of your Uber driver. Take screen shots of your Uber receipt.

Who is liable?

Because rideshare drivers are independent contractors, the company for which they drive is not liable for their actions. In previous accidents involving their drivers, Uber and other rideshares have successfully denied liability for the crashes. If you decide to pursue litigation, you would likely need to sue the driver, rather than Uber or Lyft. Because this issue is so complex, it may be necessary to seek legal help.

The individual driver may not have the funds to pay for your medical bills or other damages, but Uber or Lyft might. In the event that the at-fault driver, whether your Uber driver or the other party, does not have the insurance or funds to pay for your medical bills, Uber and Lyft do have insurance policies that cover their own at-fault drivers and underinsured drivers.

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Mark A. Di Carlo, PLLC
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