You’ve been using a rideshare service like Uber or Lyft to get around town. While you felt safe in these cars in the past, you recently got into a car accident in your rideshare and were injured.
Now, you’re rattled. You have to not only go in for treatment, but you have to cut back on using rideshares because you’re paying to take care of your injuries instead. Or, maybe you’re too scared to get back into an Uber or Lyft after what happened. It’s completely understandable, but here's what to do after you've been in an accident involving Uber, Lyft or another rideshare service in California.
First, let’s take a look at the dangers of rideshares (some of which you’ve surely experienced) reported in the media (or not) and leaving passengers worried.
The Risks of Using Rideshares in California
There are, of course, numerous risks involved when it comes to using a rideshare service (even a taxi or shuttle).
The most obvious risk with a rideshare driver is that they are not “professionals.” They haven’t gone through formal, in depth, training. Almost anyone with an updated, four-door car who passes a background check and is old enough to operate a vehicle can start Ubering or Lyfting. There is no thorough interview or personality test required. Sometimes, drivers will just be people who are desperate to make some extra money and not at all dedicated to providing a safe and enjoyable ride.
To that end, drivers are incentivized to work long hours so that they receive bonuses. Don’t be surprised if your driver tells you they’ve worked a 12-hour day. On the weekends and during certain events, your drivers will put in a lot of overtime to get that bonus. They may be extremely tired behind the wheel, which could lead to a serious, or even fatal, accident.
Though Uber does conduct background checks, it may not be thorough enough, and the company has been exposed to have overlooked things like reckless and drunk driving, burglary and assault in the past. Some rideshare drivers have sexually assaulted their passengers, kidnapped riders, choked them, and even, in some cases, murdered them or pedestrians. So far, Uber and Lyft drivers are technically independent contractors (awaiting developments with AB5) so the company claims no liability when things go wrong.
The cars that rideshare drivers are operating are not necessarily up to safety standards either. You could get into a car that hasn’t gone to the shop in years and is having issues.
If you’re in a rideshare pool, you may have to deal with unstable passengers as well. Passengers don’t need to go through a background check to use these apps, so you don’t know whom you’re getting into the car with or what they’re capable of, unfortunately.
On the other hand, the vast majority of these services result in safe and satisfactory travel. We don’t mean to scare you away from them; but we do mean to alert you to some dangers and some remedies.
No matter what kind of accident or incident you got into, and whether or not your driver was at fault, there are ways to ensure you get the compensation you are rightfully owed for it. Here are some steps to take once things happen.
1. Report the Incident to the Rideshare Company
The first step is to alert the rideshare company right away as to what happened. Report as many details as possible as to fault, that you were injured and where you were when the incident occurred. Make sure to record or email all these details to yourself so that you have a record of them as well. If you got phone numbers from any witnesses or noticed there were cameras around, make note of that. Get all identification and insurance information of all parties involved, take pictures if they would be helpful.
As soon as you report the incident, the rideshare company may contact you and offer you a small settlement. It’s best to wait and seek legal counsel because you don’t know what further pain you could experience or other injuries may pop up as a result. For instance, ongoing headaches may be because of the whiplash or a much more serious injury. With a small settlement, you won’t be able to afford more treatment and you can’t go back and try to get a bigger settlement after you’ve already accepted the first one and released the company.
2. Go to the Hospital if You Have Been Hurt
You’ll need to see a doctor right away and be evaluated for any injuries. Even if you can’t go immediately or by ambulance, it’s best to go to the doctor as soon as possible. We will eventually be obtaining medical records detailing the injuries and pain you endured as a result. Even if you don’t feel like it is necessary, it is, many times, best to get X-rays (and possibly even an MRI or CT scan) to ensure that there was no internal damage that took place. If you’ve paid for alternative forms of treatment like chiropractic care, physical therapy, over-the-counter medication, bandages, braces, acupuncture or massage, keep those receipts in a safe place.
3. Collect Evidence
Keep the notes you took when the accident occurred and make them available to your attorney so they attorney may contact witnesses for details. They likely saw things that you didn’t even notice because you were too busy focusing on the incident and what you were going through. Collect any emails and other information you received from the rideshare company as well. If you were able to get the investigating officer’s name and report number, along with photos of the accident, put those together, too. You need as much evidence as possible to state your case and hopefully reach a satisfactory resolution to your claim.
4. Find an Experienced Car Accident Lawyer
Though you may want to represent yourself, but retaining a car accident lawyer who's highly experienced with commercial drivers including Uber and Lyft is going to be your best bet. We are not talking about those on TV Ads. We are suggesting lawyers who have high ratings (AVVO; Martindale-Hubbell, etc) and who have track records of success in the courtroom. They will help you get the compensation you deserve. They’ll help get your treatment paid for regardless of how much the settlement is for, which means you’ll get better in less time. They’ll handle communicating with the rideshare company’s insurance provider and get you the recovery that corresponds with your needs.
For example, perhaps you had to take a lot of time off to go to the doctor and get treatment, and you lost out on income. Or your injuries may not permit you to return to your job! You also may have suffered psychological or emotional damage due to the accident. Your lawyer will put together your case and think of critical legalities that you might not be aware of.
Having a lawyer who will fight for you takes a huge amount of stress off your mind. You won’t have to worry about getting combative with the rideshare company or going to bat for yourself. You also won’t have to determine whether to sue the rideshare company, ask for a settlement from the insurance provider or sue the driver for what happened. You won’t have to worry about all the nuances and things you may be missing, or just don’t know. Instead, all you have to do is consult a good, experienced attorney and let your lawyer do the work for you.
Rideshare Car Accident Lawyers Who Care
As soon as you’re freed up after having been injured in a rideshare incident, call a professional and experienced lawyer to help you with your case. They will guide you on what the right moves are and will have your back when it comes to all of these considerations.
Here at Heiting & Irwin, APLC, we deal with motor vehicle accidents including rideshare services all the time and know what it takes to get clients the verdict or settlement they deserve. We've handled accident cases in Riverside, San Bernardino, Orange County & Los Angeles and we work very hard to maximize justice for our clients.
Don’t hesitate. Contact Heiting & Irwin, APLC today at (951) 682-6400 for a free rideshare accident consultation and get your questions answered.