The Uber ride is over, but the accident claim can feel like it is just getting started. One insurer says another company should pay. The other points back to the driver. Meanwhile, medical bills keep arriving and you are left trying to figure out who is actually responsible for what.
Goldman Daszkal & Stallone P.A. helps injured clients navigate motor vehicle and rideshare crash claims, including the insurance disputes that can follow an Uber accident. These cases can involve more than determining who caused the crash. Your Uber accident lawyer may also need to establish which insurance policy applies, gather records from the trip, document your injuries and losses, and address conflicting positions from multiple insurers.
If you were injured in an Uber accident in Deerfield Beach or elsewhere in South Florida, understanding what each part of the claim involves can help you see what needs to happen next. Here is how an Uber accident attorney can help untangle the insurance dispute and move your claim forward.
How an Uber accident lawyer identifies the insurance dispute
The adjuster says that “another company” should cover your claim. It might mean that the company doesn’t think its policy was in effect, that the driver wasn’t covered, or that its insured didn’t cause the accident. Or it may acknowledge that there is coverage but disagree with you over the amount of damages.
Your lawyer will ask the adjuster to provide its position in writing and tell you the facts and specific policy provisions supporting it. You should treat this coverage letter as part of the record with the relevant insurance policies and endorsements, not necessarily as the final authority on your coverage. Sometimes, the missing piece is a trip record. Other times, the answer requires a more detailed analysis of the law.
Keep every claim number, even if the company says it has closed its case file. Save all correspondence, including e-mail and letters. After speaking with the adjuster by phone, jot down the date and time, the adjuster’s name and what was requested. Your attorney will use these records to separate real coverage issues from unfulfilled requests.
Rebuild the Uber or Lyft trip before arguing about insurance coverage
In an Uber accident case, the time of the crash is one timestamp to preserve, but there are others you may want as well. Your attorney might need to know when the Uber driver accepted your ride request, when he or she arrived at the pickup location and when the ride was completed or cancelled.
In Florida, a prearranged ride is defined as starting when the driver accepts the ride request and ending when the last passenger gets out of the car. The statute also says insurance maintained by the transportation network company (TNC) cannot depend on the driver’s personal insurer denying the claim first. These could be important if the two insurers disagree about whether the ride was “in progress.” See Florida’s transportation network company law.
Save copies of any of these records related to the trip, too:
- Ride receipt with trip ID
- Screenshots of driver and vehicle information, and the route
- Text or other communication between you and the driver or between you and other passengers
- Photos you took at the crash scene
- Police report number and contact information for witnesses
- Cancellation, fare adjustment, or incident report messages
Keep the unaltered screenshot. If you need to mark a detail, make a separate annotated copy.
If someone else arranged the ride, have them save the ride request and receipt as well. You may have been the passenger, not the person using the account.
Evidence for an Uber accident claim beyond the app
Your trip history will help your attorney understand what happened, but your attorney may know of other records to request and may send letters to the companies asking that records be preserved. Those records might include app activity, trip data, or available video or communications about the collision.
Preservation and production are separate steps. Letters requesting that records be preserved do not necessarily mean that a company will immediately produce them. For a claims coverage investigation in Florida, the TNC must immediately provide, on request by a directly involved party or the driver’s insurer, the precise times the driver logged on and off its network during the 12 hours before and the 12 hours after the accident. This requirement doesn’t necessarily mean that your attorney will have access to all the records available on any given platform. Certain types of disputes require formal discovery once a lawsuit is filed. Your attorney should be able to tell you what records they have requested, which have been received, and what else still needs to be obtained.
The reason for acting quickly is simple. There may be video of the approach to the intersection from a nearby business’s surveillance cameras. Or, a passenger might have captured a recording of the moments after impact. It’s often much easier to find those recordings while the accident is still fresh in people’s minds. Waiting for the insurance carriers to settle the dispute between them means the opportunity could be lost.
Separate fault for the Uber accident from insurance coverage
When investigating a crash, the attorney will look for evidence to determine which party was responsible: Where were the vehicles located? What damage did each vehicle sustain? Were there any traffic signals? Are there any witnesses whose observations can be corroborated? Can the video from a dashcam, traffic camera, security camera, etc., be obtained? A person who saw the approaching vehicles may be able to give more details than one who arrived after the collision occurred.
You still have important information to provide. Describe the incident from your perspective, being careful not to exaggerate or omit information. If you were looking at your phone when the crash happened, say so. It’s best not to speculate about how fast the other car was going or whether the light was red. It’s better to make a solid statement with acknowledged limitations than a confident claim you’re unable to prove.
Give your Uber crash lawyer a copy of the police report. Point out any mistakes, like a wrong spelling of your name or where you were seated in the car. The investigation should consider the underlying evidence rather than expecting the report to answer every question.
Document personal injury losses while insurers investigate
An insurance case doesn’t stop your healing process. Seek medical help as recommended and tell your physicians how you got hurt, mentioning new symptoms as they occur. Follow the treatment you are prescribed.
A personal injury attorney will assist in determining which kinds of benefits could cover your current medical costs. Under personal injury protection coverage in Florida, getting initial medical help within 14 days of the accident is generally a requirement for being eligible for medical benefits. You should check if it applies to your case and what benefits there would be, but go see a doctor first.
Keep the medical receipts, bills, and explanation of benefits from your insurance separately. One bill can show the amount charged by a certain medical specialist, while another bill can demonstrate the insurance payment. To get the full picture, keep all of these documents.
Save the schedule of your work and payroll data concerning time off or adjustment of working conditions caused by the injury. If you are the owner of your own business, make sure your attorney receives the source documents instead of a rough estimate of incurred losses.
How accident lawyers review requests and early offers in an Uber accident case
If you file a claim following a car accident, an insurance company might ask for a recorded statement, a medical authorization or a release. These documents mean different things. You should ask your attorney what the request covers, what the requirements are and whether the proposed wording goes beyond what is needed.
Cooperation with your own insurer can involve policy duties, so don’t just ignore their requests. On the other hand, signing something you don’t understand will also create issues. Instead of summarizing the contents of a document over the phone, you should send your lawyer a copy of the document, including every page.
If an insurer presents you with a settlement offer early on, that also needs legal advice. A lawyer will advise you on the merits of the offer by comparing it to your damages, any open medical questions, your available coverage, and the strength of your evidence. The maximum amount listed on a policy isn’t necessarily the value of your claim, and an insurance company’s initial offer doesn’t necessarily represent a reasonable settlement.
Why Uber accidents can involve several claim files
A rideshare accident could result in a bodily injury claim against one driver and a separate question of coverage as well as a claim for damage to personal items. Lawyers need to know what each file is doing. A closed property claim doesn’t necessarily mean that the injury claim was settled. Check the language on the release.
Rideshare companies and drivers have distinct functions in an investigation. Simply naming the company isn’t enough to establish liability for the collision.
Request that your lawyer tell you why each claim is being brought and which carrier has already replied. This helps ensure a conversation about fair compensation remains focused on the facts and options rather than how big a corporation might be.
Get a plan for the unresolved Uber accident insurance claim
You will want some clarification on what needs to happen next. It could be that the insurance company is awaiting some documentation. There may also be an issue regarding liability and who is at fault. Alternatively, there may be some deadlock in negotiations, and it may be time to consider taking legal action. Whatever the case, each situation demands a unique approach. You need to find out which adjuster or claims handler is dealing with your case, what documents are still outstanding and how much time has passed since they were requested.
Goldman Daszkal & Stallone P.A. is a personal injury law firm that takes cases involving motor vehicle and rideshare accidents from its Deerfield Beach office. When reaching out regarding your Uber accident, make sure to have your receipt, the correspondence regarding your claim and any medical records that you have. This documentation gives you a place to start in discussing the important issues, which are the circumstances of the accident, the dispute between insurance companies and how to move forward with your claim.
