If a person got in an Uber accident, he may be wondering what he should do next. In case he was injured, he may have some medical expenses to cover, can be suffering from the pain, or might be out of work because of the caused injuries.
Document the Uber accident
California is a tort state where drivers who caused accidents to pay money to the injured victims. This rule applies to a pedestrian, a passenger, or another motorist who is hit by a ride-sharing driver. Whenever a person is involved in a car accident he must make sure to get as much information as possible about the crash. 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 for 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 happened accident.
Who can be liable for the injuries?
The issue of liability can be complex and determining liability is critical for getting compensation
- The Uber driver
- Other drivers involved in the accident
- Vehicle manufacturers
- Government entities, 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 damages.
Economic damages include:
- Lost wages
- Medical expenses
- Personal property damage
Non-economic damages are awarded for injuries that are difficult to assign an objective monetary value. Common non-economic damages include:
- Pain and suffering
- 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 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. 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 reached 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.