In the event of a rideshare accident, understanding the proper protocol is crucial for protecting your legal and financial interests. The unique nature of rideshare services, which involve drivers classified as independent contractors and specific insurance policies, necessitates a clear and deliberate course of action following a collision. This guide outlines the essential steps to take immediately after an accident and in the subsequent days to ensure you are properly protected under California law.
1. Prioritize Safety and Seek Medical Attention
The immediate aftermath of an accident is often chaotic. Your first priority should be to ensure your safety and the safety of any passengers. Move to a secure location away from traffic if possible. Promptly assess any injuries and seek medical attention, even if they appear minor. Adrenaline can mask pain, and a medical professional can diagnose injuries that may not be immediately apparent. Obtaining a formal medical evaluation creates an official record of your injuries, which is vital for any future legal claims.
2. Contact Law Enforcement and Document the Scene
Immediately report the accident to the local police department or California Highway Patrol. A police report is an official document that can serve as critical evidence in a rideshare accident claim. The report will typically include an objective account of the collision, identifying all parties involved, the extent of the damage, and any citations issued. While waiting for law enforcement, use your smartphone to document the scene. Take photographs and videos of the vehicles, the license plates, the accident location, and any visible injuries.
3. Exchange Information with All Parties
Gather contact and insurance information from all involved parties, including the rideshare driver and the driver of any other vehicles. It is essential to obtain the rideshare driver's name, phone number, and personal insurance information. Additionally, get the names and contact information of any witnesses, as their testimony can be valuable. Avoid making any statements that admit fault or downplay the severity of your injuries.
4. Report the Accident to the Rideshare Company
As soon as safely possible, report the accident through the rideshare company’s official app or support channel. Rideshare companies like Uber and Lyft have specific procedures for handling accidents involving their drivers. This formal notification is a prerequisite for initiating a claim under their corporate insurance policies. Be factual and avoid speculation when providing details about the incident.
5. Understand Rideshare Insurance Policies
Rideshare insurance in California operates on a tiered system. When the rideshare driver is not logged into the app, their personal auto insurance is primary. When the driver is logged in but has not yet accepted a ride, a limited contingent liability policy from the rideshare company may apply, offering coverage up to a specified limit. Once a ride is accepted until it is completed, the rideshare company’s substantial third-party liability insurance policy—which typically offers coverage up to $1 million—is active and serves as the primary source of compensation. Navigating these policies can be complex, making professional legal counsel essential.
6. Consult with a Personal Injury Attorney
Navigating the complexities of rideshare insurance claims and California personal injury law requires expertise. An experienced attorney can help you understand your rights, properly value your claim, and negotiate with insurance companies. They can also ensure that all legal deadlines are met, such as the two-year statute of limitations for personal injury claims in California. Do not attempt to settle with an insurance company without first consulting with a legal professional.
Newport Beach Uber and Lyft Accident Lawyers Ready to Help
If you or a loved one has been injured in a rideshare accident, securing knowledgeable legal representation is your most important step. At Manning Law, APC, we have Newport Beach Uber accident lawyers who are ready to take on your case. We have the litigation experience to fight for you and fight for the full and fair compensation you deserve.
Contact us now at (800) 783-5006 to schedule your free consultation.