Note: Updated September 30, 2024
Can I File an Uber Whiplash Claim?
Typically, yes, but there are some important factors to keep in mind.
If a rideshare vehicle is involved in a crash, resulting in whiplash, legal counsel from an experienced Lyft or Uber accident attorney will be pivotal in recovering just compensation.
Here is what to know about the typical symptoms of whiplash and the necessary steps to take following an Uber crash, including filing a personal injury claim.
What Is Whiplash?
Orange County experiences a high rate of car accidents annually, many of which lead to serious injuries, including whiplash. Whiplash is a common injury in most car accidents, including Uber accidents. It occurs when the neck is forcefully jolted back and forth, often during a rear-end collision.
This injury can affect the discs, muscles, tendons, and nerves in the cervical region. Regardless of the accident’s severity, it’s crucial not to overlook whiplash symptoms. Ignoring the initial signs can lead to more severe health complications in the future.
Symptoms of a Whiplash Injury
There are different signs and symptoms indicating that whiplash has been sustained. When experiencing any of the provided symptoms, seek immediate medical attention. Common signs and symptoms include:
- Neck stiffness and pain
- Shoulder pain
- Dizziness
- Lower back pain
- Pain or numbness in the hands or arms
- Blurred vision
- Ringing in the ears
- Memory issues or concentration problems
- Tiredness
- Sleeplessness
- Irritability
How Filing an Uber Car Accident Claim Works
While filing an Uber accident lawsuit for whiplash injuries is justifiable, establishing liability so that fair compensation can be recovered is complex.
Uber classifies its drivers as independent contractors, which means the company is generally not held liable for their actions. However, recent legislation has introduced insurance policies that require rideshare companies to maintain liability under specific circumstances.
Insurance Policy Involving a Lyft or Uber Driver
If an accident occurs with a Lyft or Uber vehicle while the driver is actively engaged in a ride, Uber’s $1 million insurance policy applies.
Conversely, drivers who are off duty must go through their insurance company to handle claims. California Uber drivers are required to maintain a minimum of $15,000 in bodily injury liability coverage per person and $30,000 in bodily injury coverage per occurrence.
If the at-fault party is the Uber driver waiting for a ride request, the company offers liability coverage up to $50,000 per person, $100,000 per accident, and $25,000 in property damage.
However, for Uber drivers en route to pick up passengers or who already have passengers present, the company’s liability insurance coverage increases to $1,000,000, along with additional benefits.
It’s important to note that even if the $1,000,000 limit applies and another driver caused the collision, a claim must still be filed against the at-fault driver. Unfortunately, his or her personal insurance coverage might be insufficient.
These factors play a significant role in determining who is responsible for the Uber accident and whether legal action should be pursued.
What To Do After an Uber Car Accident
Following an accident with a Lyft or Uber vehicle, it is vital to take certain precautions. Doing so will protect your health and legal rights. Proceed with the following steps:
1. Call for Help
Dial 911 immediately to report the Uber crash. The responding officers will create a police report, which is important for personal injury cases. This official documentation provides vital details and can be used as evidence that supports the claim. If injuries are serious, request emergency services, as well.
2. Seek Medical Attention
Even if injuries do not appear serious, it is still necessary to seek a medical evaluation. Conditions like whiplash may not manifest symptoms immediately. Therefore, only a healthcare professional can assess the extent of injuries and provide the appropriate medical treatment. Retain all medical records specifying injuries and medical expenses so they may be included in the claim.
3. Exchange Information and Gather Evidence
While at the accident scene, collect the contact information of the Uber driver and other parties involved. Gather their full names, phone numbers, and insurance information. Also, ensure that the Uber driver’s information matches what is listed in the rideshare app. Then, take photos or videos of the crash site, note the make and model of all the vehicles, and get witness statements.
4. Report the Accident to Uber
Use the “Help” section within the rideshare app to report an Uber accident. A team member should be in contact and provide further instructions. When reporting the crash, only state the facts of the incident, like who was driving and the location of the accident; do not speculate which party was at fault or what is assumed to have caused the Uber car accident.
5. Consult with a Personal Injury Attorney
Before speaking with the insurance company or finalizing the car accident settlement with the rideshare company, consulting with an Uber accident attorney is strongly recommended. The complexities of determining liability in Uber accidents involving multiple parties and the unique employment structure of drivers being independent contractors make it challenging to establish liability.
However, securing professional representation from the best Newport Beach Uber accident lawyers increases the chances of obtaining fair compensation for injuries and damages.
What Damages Can Be Recovered in an Uber Accident?
Rideshare platforms like Uber have dramatically transformed how Southern Californians commute, offering convenient and accessible transportation options. However, the increased use of these services has also led to a rise in overall car accidents.
Similar to other car accident cases, California Uber accidents can cause life-changing injuries. This is why injured victims are entitled to seek compensation, as it is meant to account for sustained damages. Losses that can be recovered with a successful Lyft or Uber accident claim may include:
- Current medical bills
- Future medical expenses
- Property damage
- Vehicle repairs
- Lost wages
- Loss of earning potential
- Emotional distress
- Impact the quality of life
- Pain and suffering
Why Medical Attention Is a MUST
If a whiplash injury was sustained due to a Lyft or Uber crash, seek medical treatment. This must be done for the following reasons:
- Ensure that severe neck, back, shoulder, or spinal injury was not sustained, as these can become permanent or create life-long ailments
- Immediately identify how to best treat the sustained injury, such as whiplash, to promote a successful recovery
- Incorporate medical diagnosis and other findings in a medical report, proving that the Uber accident caused the whiplash injury
- Determine a personal injury claim amount, as the basis of a claim predominately revolves around medical treatment
What to Expect From a Whiplash Diagnosis
When diagnosing a whiplash injury, the doctor will perform a complete physical examination to rule out any other injuries. To determine the severity of the whiplash, an X-ray may be performed to obtain images of the neck bones and internal tissues.
For a deeper look into a neck injury, a doctor may order a Magnetic Resonance Imaging (MRI) scan to get a detailed computerized image of the neck and the soft tissues around it. Similarly, a doctor may request a computed tomography or CT scan for further detailed imaging of your neck and body’s bones, fat, muscles, and other organs.
While some victims suffering from a whiplash injury may recover within a matter of weeks, some may experience persistent discomfort and pain long-term, as whiplash may cause irreparable nerve damage or herniated discs. The sooner medical attention is sought, the more likely it will be to recover an Uber accident settlement.
Contact the Top Newport Beach Car Accident Lawyer for Help
Whiplash is a common car accident injury, often causing dizziness, chronic pain, and other debilitating symptoms. If you’ve been injured in an Uber accident, contact Beach Accident Attorneys. Our experienced Lyft and Uber accident lawyers will work to hold the at-fault party accountable and ensure you receive a fair settlement. Contact our award-winning law firm and schedule a free consultation today.
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