Pursuing an Injury Claim as a Rideshare Passenger

Being able to book a ride whenever you need it is a great thing to have in life. Whether you’re traveling or your vehicle is in the shop for repairs, a simple click on an app, and a driver shows up ready to take you to your destination. You can relax in the backseat and let someone else worry about driving. 

With the number of traffic accidents increasing, even being a passenger in a rideshare vehicle can come with risks. If you’re injured in an accident, can you file a claim as a passenger? Legal representation for Uber passengers can answer this question. 

If you haven’t gotten to this step, here’s what you should know about the claim process. This can also make it a little easier to see why retaining legal representation can make the insurance claim process go a little easier.

How to File a Claim as a Rideshare Passenger

Thankfully, most states make it relatively easy to file a claim if you’re injured in a vehicle accident, and this even includes if you’re a passenger in a rideshare vehicle like Uber or Lyft. However, there are some steps you must follow. Skipping a step can potentially cause a delay in your claim process or worse lead to a denial.

Establish the Accident Occurred

You can contact the rideshare driver’s insurance carrier without providing proof an accident occurred. However, your claim isn’t going to progress past the review stage. You must provide proof that the accident occurred, and this means submitting a report.

Texas, like most other states, allows some latitude when an accident is reported, but it’s only ten days. This also depends on the type of accident. If fatalities or injuries are present or vehicle damage exceeds $1,000, the accident must be reported to the authorities. While reporting an accident as a rideshare passenger may mean being delayed at the scene, the report may be an invaluable tool in your injury claim.

Your accident report indicates the incident occurred and this can be a milestone you need to surmount as a rideshare passenger. A quick tip is to not rely on your driver to report an accident, as this is something you often need to tackle.

What Happens if the Rideshare Driver Doesn’t Report the Accident?

As mentioned earlier, not all vehicle accidents require reporting, and this applies whether you’re the driver or it’s someone employed by a rideshare app. So, if the driver doesn’t report the accident and you sustain injuries, do you have any legal options? The answer is usually yes.

If you’re the accident victim, you can still report the incident. The vehicle driver isn’t the only one who can call 911 or report a vehicle accident to the authorities. Remember, the accident report is a crucial piece of evidence in a personal injury claim. If the driver doesn’t report the accident, it’s up to you to alert the authorities—this should be done immediately after the accident occurs to help preserve evidence.

Document the Accident Scene

Okay, you’re not documenting the accident scene as a criminal investigator. If your injuries don’t require immediate medical attention, take out your cell phone and use the camera app. 

You want to take pictures of your visible injuries. These photos can help support your injury claim—and don’t forget to take photos of where your rideshare vehicle ended up.

If there are other passengers in the vehicle with you, don’t be afraid to ask if they also sustained injuries. While a few people can’t file a class action lawsuit, the injuries other passengers sustain can help support your insurance claim.

Understand How Comparative Negligence Can Affect Your Injury Case

Some states, like Texas, follow comparative negligence rules. To put this in simple terms, it means more than one individual can be responsible for an accident. However, as a passenger in a rideshare vehicle, this insurance rule shouldn’t affect your claim.

Comparative negligence typically only applies to drivers, regardless of their occupation. So, if your rideshare driver is partially responsible for the accident it doesn’t necessarily mean your injury claim will be affected.

If you’re wondering how comparative negligence can impact an injury claim, it simply means that your claim may be reduced by the percentage of your blame. However, since you’re not the driver, this insurance law shouldn’t impact your injury claim.

Should You Hire an Attorney?

If you’re wondering whether you should hire an attorney after being involved in an accident as a rideshare passenger, the answer is typically yes. 

An attorney can guide you through the necessary steps to help ensure you receive fair compensation for your damages. They’ll handle the legal complexities, communicate with insurance companies, and advocate on your behalf, giving you peace of mind during a stressful time.

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