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How Ride Share Injury Claims Work In California

June 13, 2024 – Sean Shamsi

One day you decide to catch a ride with Uber, with your friends, to go out for the night, and then boom, you get involved in an accident and the Uber driver is at fault. What do you do? Recently I had a client of mine who was involved in an accident as he was a passenger in an Uber car. What happened is that my client was going from home to the local restaurant to meet his friends, and as a driver was driving down the street.

He fell asleep, passed a red light and hit the other driver. Right after the accident, the Uber driver tried to protect himself and say that number one, he wasn’t at fault for the accident. He didn’t fall asleep and did not go through the red light. Number two, he tried to argue the fact that he wasn’t even working at the time of the accident, and they were just giving this guy right as a favor and that the guy was his friend.

Number three, he kept trying to change the version of how the accident happened. However, this case did not go too far. You need to make sure that once you get into the Uber car as a passenger, the Uber driver turns on the app. Once that app turns on, you’re not actually protected by his insurance coverage for the accident.

Sometimes over, drivers would try to pocket the money themselves and keep all the money rather than giving the portion to Uber. If that happens and you become a victim of that, you’re not entitled and you’re not going to be covered by his insurance coverage at all. Meaning if he’s at fault, the $1 million insurance policy that Uber has for liability coverage or uninsured motorist coverage will not cover you.

The person’s own personal insurance coverage will cover you because he was acting not as an Uber driver, but as a regular person working. So in this case, we made sure to get the Uber app and make sure that it was turned on to protect our client’s rights. So he was covered under the policy because the person who we hit, number one, did not have insurance, even though he wasn’t at fault.

He did not have insurance. You need to make sure also that when you’re in the car, most of the Uber drivers have cameras in the car that record the front and the rear of the car moving. Make sure after the accident to ask for the driver to send you a copy of the video right there. And then if he refuses, measure to call the local authorities to come down and secure the video.

That video might be the most crucial evidence you have of putting the right person at fault for the accident to secure a settlement. And number three, make sure after the accident you talk to the Uber driver yourself and get his version of what happened because no matter what happens as a passenger in the car, you’re always fault free or the other person is at fault or the Uber’s fault.

But you want to make sure that if Uber is at fault, the app is on. So under these circumstances that we had the Uber drivers’ tactics didn’t work. We got a copy of the video. We made sure that we got a recording of the app that it was on and a client got them reimbursed and it was entitled to, as he had suffered major brain injuries.

He suffered a traumatic brain injury where the insurance company kept saying that was not related to the accident. However, after a year and a half in the litigation and working on the case, we ended up getting the million dollar coverage for our client to make him whole as a result of the accident. Hi, this is. Hi. My name is Shawn Shamsi.

I’ve been practicing law instead of California hailing Uber cases, Lyft drivers and third party vehicles. Make sure you contact our office if you’ve been injured in an accident by an Uber, Lyft, or a third party vendor. To make sure we protect your rights and to get you fully compensated for all your injuries under the law. If you’ve been involved in an accident as a passenger in a vehicle by Uber, Lyft or a third party vendor, make sure that after the accident to get the proper documentation, meaning that the app of the driver was on.

Try to get the video recording of the person’s car driving the car to record how the accident happened. You can contact our office if you’ve been injured by a motor vehicle accident by Uber, Lyft or a third party. So we can protect your rights and get the compensation you deserve. Also, our office will not charge you a penny until you get paid.

We work on a contingency. That means we work as a team together to make sure you get paid. Once you get paid, it’s when we get paid.

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Questions or Schedule An Appointment? Call Us: (818) 764-7640

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