Ride-sharing companies like Uber have been increasingly popular over the years. This convenient transportation service has been used by millions of people around the globe. However, even though the smart app is safe and reliable, ride-sharing Uber accidents do happen and can become a serious problem really fast. If a person got into an Uber accident, he/she may be wondering what should be done next. In case they have been injured, they may have some medical expenses to cover, may be suffering from pain, or might be out of work because of the injuries they have caused. For starters, discussing and defining which law this falls under in the state of California when it comes down to car accidents, Tort Law.
Understanding Tort Law
California is a tort state where drivers who cause accidents pay money to the injured victims. “A tort is an act or omission that gives rise to injury or harm to another and amounts to a civil wrong for which courts impose liability. In the context of torts, ‘injury’ describes the invasion of any legal right, whereas “harm” describes a loss or detriment that an individual suffers.” There are three types in this matter: Intentional Tort, Negligent Tort, and Strict Liability Tort. With that said, this rule applies to a pedestrian, a passenger, or another motorist who is hit by a ride-sharing driver.
Document the Uber Accident
Whenever a person is involved in a car accident, he must make sure to get as much information as possible about the accident. This means taking note of the road conditions, location and time of day, and much more. An injured person must get the following evidence after the accident:
- Take photographs of the vehicles involved in the accident.
- Obtain contact information and the names of all witnesses who were present when the accident happened.
- Get the insurance information for all involved drivers.
- Contact the police.
- Get to the hospital and receive prompt medical attention. Medical records can also serve as evidence of the accident.
Who Can Be Liable for the Injuries in an Uber Accident?
The issue of liability can be complex, and determining liability is critical to getting compensation. The following parties may be liable for injuries in an Uber accident:
- The Uber driver
- Uber
- Other drivers involved in the accident
- Vehicle manufacturers
- Government entities are responsible for the safety and maintenance of thoroughfares.
Types of Damages the Victims of Uber Car Accident Can Recover
There are two categories of damages for personal injury claims: economic and non-economic.
Economic Damages
Economic damages include:
- Lost wages
- Medical expenses
- Personal property damage
Non-Economic Damages
Non-economic damages are awarded for injuries that are difficult to assign an objective monetary value. Common non-economic damages include:
- Pain and suffering
- Disfigurement
- Mental anguish
- Loss of enjoyment of life
- Loss of consortium
The amount of damages that a victim can recover depends on the extent of the injuries and the circumstances surrounding the accident. In case the victim was partly at fault for the accident the amount he may be able to recover can be decreased.
Limits to Get Compensation
In California, Uber accident victims may not recover non-economic damages in case they don’t carry liability insurance, per Proposition 213. Thus the motorists who drive a vehicle without valid car insurance are acting at their own risk of personal safety.
In case a person doesn’t have insurance, he may not recover compensation for:
- Pain and suffering,
- Loss of enjoyment of life
- Loss of consortium.
Though economic damages are still fully recoverable.
Making a Demand for Compensation
When an injured person reaches his maximum medical improvement after the Uber accident, he must submit a demand for compensation. A demand letter should concisely:
- Explain how, when, where, and on what date the accident happened.
- Identify evidence that supports the victim’s argument
- Clarify what medical treatment the victim has received for his injuries.
- Provide details about the victim’s pain and suffering.
- Include a request for compensation by each category, such as medical care, lost wages, etc.
Contact Us
If you sustain any injuries due to an Uber accident, please contact KAASS LAW. We provide free consultations for personal injury matters, especially if you sustain injuries from an Uber car accident. Our team knows how to speak with adjusters and provide guidance on what to do and which direction to lead so we can fight for your financial compensation for the damages that you received. Do not admit to anything of being at fault. Don’t sign any documents without first speaking with us first. We have experience in handling and collecting evidence to support your claim. Speaking with an insurance agent can potentially harm your case without you knowing.
If you were involved in an Uber accident in California, we invite you to hire our dedicated Los Angeles Uber accident lawyer today at (310) 943-1171 for a free consultation.