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The Complete Guide to Winning Your Uber Car Accident Case

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When people think of ridesharing, Uber is the first brand name that comes to mind. It’s used by people all over the world daily because it’s convenient. What do you do, though, if your Uber driver is in an accident that leaves you with injuries? What if you’re driving your vehicle and an Uber driver hits you? Fortunately for either case, Uber does carry insurance that protects its drivers, their passengers, other drivers, and even pedestrians and people riding bicycles.

However, just like other insurance companies, those that cover Uber will not want to pay out any sum of money if they can avoid it. You may have to hire a personal injury lawyer to take both the driver and Uber itself to court to receive the compensation you’re due. This guide will help you understand how a case against an Uber driver works and what you can do to win such a case.

Do You Sue Uber or the Driver?

One of the first questions you may have if you’ve been in an accident and have not received the compensation you believe you deserve is who you have to take to court.

Do you sue Uber, or do you pursue a case against the driver personally and their auto insurance company? Because ridesharing has become more popular lately, many personal auto insurance policies now explicitly state that they do not cover accidents that occur while driving for commercial purposes or hire.

Generally, you will need to sue Uber and the driver. In most cases, Uber drivers are insured for a substantial amount of third-party liability while a passenger is in their vehicle or when the driver is on their way to pick up a passenger. If the driver does not have a passenger or is not matched with a passenger, Uber’s coverage is very limited.

If another driver were at-fault, their insurance would be the one you need to communicate with. However, Uber also has insurance that applies to you as a passenger if the at-fault party is uninsured or underinsured. One essential part of your case will be determining who is at-fault and having proof to back up this claim.

If the Uber driver hit you while you were driving, walking, cycling, etc., you may also be able to sue Uber and the driver. Uber maintains various levels of liability insurance for these types of accidents.

If the driver was not using the Uber app, you will have to sue the driver and make a claim against their insurance company. If they were waiting for a request, Uber does not cover the driver with as much insurance as they would if they had a passenger in the car or were in-route to a passenger’s location. Keep this in mind when attempting to collect insurance money from Uber.

Follow the Same Steps As You Would After Any Accident

police officer walking alongside police car

You should follow the same steps as any other car accident if you’re in an accident as a passenger in an Uber. First, make sure you’re okay. If you’re not—for example, if you’re bleeding or cannot move a limb or have any other body pain—it may be better for you to remain where you are unless you are in immediate danger.

If you are injured, it’s best to call 911 so an ambulance can come and provide medical attention. If you are sure you are okay and can move, make certain the driver and anyone else in the vehicle are all right, and then exit the vehicle. Help anyone involved get to the side of the road before calling the authorities.

You will want to take photos and videos of the accident if possible. Since most people have cell phone cameras, this is much easier than it once was. Take photos of all the cars involved. Get information from all drivers and passengers involved, and get the names of witnesses, the officers and medical personnel, and insurance companies. If you cannot do so because you need medical attention, you may ask someone else to gather this information for you. The police who arrive on the scene will also collect this information.

Contact an Attorney

Your driver should already have contacted Uber as part of their accident protocol. Uber asks their drivers to call them from the accident scene once they have ensured that they and their passengers are safe and have contacted the police and emergency services.

Keep in mind, as mentioned earlier, Uber’s insurance company is likely to try to avoid paying out or will offer you a tiny settlement. Be very wary of signing any documents or accepting any money from Uber. Doing so may waive your right to pursue additional compensation in court.

It is in your best interest to contact a personal injury lawyer as soon as possible after an accident. Anything you say to Uber can likely be used against you to minimize your claim for injuries. If the insurance adjuster offers you a settlement, be very wary.

While it may be tempting to take a small settlement right away, especially if that settlement looks like it will cover all of your medical bills and lost wages, you must carefully consider your options. You may later learn that your injuries are much more extensive or that you will suffer from chronic pain for the rest of your life.

If you accept a settlement that doesn’t cover any of those costs, you may have to pay for all additional treatment out of your pocket. For these reasons, and more, it’s best to speak with an experienced personal injury lawyer before you even speak with Uber’s insurance company.

Stay Off Social Media

social media post on phone

Whether you’re in a court battle against Uber, another driver’s insurance company, or anyone else, keep details about the case off of social media. Please don’t mention the accident or anything connected to it at all. This information can be used by Uber and their insurance company to show that you were not as injured as you claimed to be or refute your testimony. They may even use photos you’ve taken or social media check-ins to attempt to discredit you. Let your friends and family know not to post anything either.

The best rule of thumb is to remember that anything on social media is public information, even if you believe it’s only accessible by certain people. The courts can compel you to submit posts that you have made private and can even subpoena deleted posts and profiles if there’s reason to believe they impact your case. The best thing to do is stop posting on social media while your case is pending.

Work with an Attorney who is Aware of Uber’s Tactics

Uber and their insurance companies are businesses, and as such, they don’t want to lose any more money than they have to. This means they will likely fight against paying you anything, even if your injuries are so severe it leads to a loss of quality of life or prevents you from continuing to work. They often bring up in court that their drivers are independent contractors and, thus, aren’t eligible for the same protections full-time employees are. They may also bring up the contract that drivers have to sign, which states that they take responsibility for all accidents.

This is why working with an Uber accident attorney is vital in these cases. More than that, you need to have an attorney who is familiar with Uber’s contracts with their drivers, contractor-vs-employee legal distinctions, and personal injury law.

You stand a much better chance of winning when you have an expert on your side who understands the complications surrounding a case involving Uber or any other ride-share company. These cases can be even harder to win than typical personal injury cases, so working with a professional attorney is more than a good idea; it’s a necessity.

By following this guide, gathering as much information as you can, and working with a knowledgeable attorney, you will stand a much better chance of winning your accident case against an Uber driver than you might otherwise.

Disclaimer

The information on this website is for general information and is not formal legal advice, diagnosis, or medical advice. We highly recommend that you contact an attorney for legal advice specific to your current situation, as this website may not reflect current laws or legal developments, verdicts, or information that is 100% accurate. Do not act or refrain from acting based on any content on this site.

The Ultimate Guide to Social Media Use during a Personal Injury Claim

Car crash with car upside down

Personal injury claims are about more than money—they’re about being able to heal and regroup after a traumatic event. Serious personal injury can leave you unable to work for months, or worse, permanently change your life due to irreparable damage. That’s why it’s so vital that you do nothing that could impact your chances of your claim being denied. One way you may inadvertently damage your claim is through social media. While sites such as Facebook, Twitter, and Instagram can be a great communication tool in many instances, you must be very careful using these sites during a personal injury claim.

Social Media Posts Are Admissible in Court

Anything you post on social media sites can be included as evidence in your personal injury case. Typically, social media posts are classified as statements of a party. Because you are a party to your case, these statements made outside of the court can be used against you. What’s more, the opposing attorney can request a copy of your social media posts and profile during the case’s discovery phase. This includes any posts you have made that are set to be viewed by only people on your social media friends list or that you have set as private.

If you do not cooperate during discovery, the opposing party can petition the judge to issue a court order requiring you to provide the information requested. They will need to show good cause, but you must turn over the requested information or face being in contempt of court if they do. The court can also issue an order requiring you to reactivate a social media account you have recently deactivated. They can issue a subpoena to the social media website to retrieve deleted profiles or provide information directly to the court.

Comments and Posts from Others May Also Be Admissible

open lap top on desk

Unfortunately, even social media content that you did not post can be damaging to your case. Posts made by your friends or family members that speak about your injuries or the case, in general, can be admitted as evidence in your case. Comments left on your posts may also be used as evidence. Because of this, it’s in your best interest to let your friends and family know to keep all information about your case off of social media, regardless of how minor or inconsequential it may seem to be.

What You Post Can Contradict Your Testimony

One of the biggest uses of social media posts in personal injury claims is to contradict given testimony. This would carry with it the charge of perjury if the contradicted statements were made under oath. Your social media posts about doing certain activities may show that your injuries aren’t as severe as you claim or that you’re not as limited as you’ve stated. Photos and videos can be especially harmful.

Social Media Sites May Show Your Location

Some social media sites give you the option to check-in at a business or other location. Others may tag your posts or photos with your location. This information can also be used to contradict your testimony or highlight that you’re more capable than you’ve indicated. For example, if you check-in at a gym, that information can be used to show that your mobility isn’t as limited as you have claimed. Some sites automatically add this location information by default, so you may want to adjust those settings regardless of what activities you’re doing.

Your Posts May Inadvertently Show More Than You Think

attractive woman taking selfie

Something as simple as posting a photo of you standing may be enough to indicate that you are capable of more than it may seem. Even if this doesn’t contradict any statements you’ve made, it still shows that you are physically able to stand. You don’t even need to be in such a photo for it to show that you are physically capable of specific actions. For example, taking a picture of your dog on a well-known hiking trail can be used to show that you were capable enough of walking a significant distance.

Posts about the Future Could Also Raise Red Flags

Posting about your plans may also cause some difficulty in court if those plans include major purchases. This could be seen as an indication that you are counting on winning a large settlement When combined with other statements, posts, and evidence, it could even be used to show that your injuries are not significant. Keep all mentions of any major purchase, vacation, or other financial decisions off of social media during your case.

How to Use Social Media during Your Personal Injury Case

social media icons

If you regularly use social media sites and don’t want to lock down your profiles entirely or do not want to stop posting during your case, there are some things you can do to minimize the amount of damage your posts could do. First, do restrict your posts to friends only. While the opposing party may still get access to your social media via your friends or court order, it does reduce the chance that your posts will be widely circulated.

Next, never post anything related to your case, your injuries, what you hope the outcome will be, or any other statement that directly or indirectly relates to the claim. This can be very difficult because, as shown above, even small details can be used in court to contradict your testimony, which is why it’s best to post nothing until the claim is settled.

Be very careful about accepting new friend requests during this time, especially if you do not recognize the person. While these requests may not come from anyone involved in the case, you cannot be too cautious. You may also wish to remove certain friends or significantly limit their access to your information during this time.

Remember, too, that you may not be allowed to post about your case after it has been settled. Some personal injury settlements, especially those that are done out of court, may include a confidentiality statement that publicly prevents you from discussing the settlement results. A social media post is considered public, even if you have your profile restricted. You could be found in violation of the confidentiality clause and be forced to pay back the settlement. Here again, note that a post by a friend or family member that references your settlement can also be considered a violation because you shared details of the settlement with that individual.

Be Cautious with Social Media

During a personal injury claim, the safest option is to lock down your social media profiles and stop posting until the claim is finalized. However, that can be a long time, and many people only keep up with some friends or family members through social media. It can’t be stressed enough that you need to be very cautious about what you post during this time. Social media is a great way to keep up with others, but it’s also a public forum in the eyes of the court. Anything posted there can appear in court, so keep that in mind at all times. Essentially the insurance company and the opposing counsel will try to use anything they can to minimize the value of your claim.

Disclaimer

The information on this website is for general information and is not formal legal advice, diagnosis, or medical advice. We highly recommend that you contact an attorney for legal advice specific to your current situation, as this website may not reflect current laws or legal developments, verdicts, or information that is 100% accurate. Do not act or refrain from acting based on any content on this site.

4 Reasons a Motorcycle Accident Attorney Is Absolutely Essential in CA

Man on Motorcycle riding through Los-Angeles countryside

Riding a motorcycle might just be the ultimate freedom, and there’s no better place to enjoy the open road than California. Yet motorcycles bring a certain level of risk, and one of those risks is that other drivers often don’t see motorcyclists on the road. In fact, 42% of motorcycle accidents happen because another vehicle turns into the bike, causing an accident. In a city with lots of traffic like LA, these kinds of accidents happen all the time. When it happens to you, you need a trusted motorcycle accident attorney on your side.

4 Reasons You Need a Motorcycle Accident Attorney

You Have Rights

For whatever reason, some auto drivers resent motorcyclists. Many don’t realize that lane splitting is not illegal in California and that motorcycles have the legal right to weave into certain spaces where a car doesn’t fit, allowing them to get ahead in traffic. This might be one reason car drivers tend to blame motorcyclists when an accident happens.

Yet you still have rights. The Accident Guys can work with you to understand just what those rights are and how they apply to you in the event of an accident. Don’t let the other driver, or their insurance company, make the decisions!

You Don’t Want to Deal With Insurance Companies

Speaking of insurance companies, you don’t want to fight them on your own. They have lots of experience, plenty of people to work on the case full time, and nearly endless money to throw at it. An insurance adjuster’s job is to save money for the insurance company by keeping settlements as low as possible.

The Accident Guys have seen it all. We know all the tactics insurance companies try to pull, and we know how to cut to the chase in negotiations. Which is why the majority of our cases are settled in under a year. Most importantly, we are actually on your side and will fight to get you justice.

You Might Walk Away With Too Little

If you’ve been injured due to someone else’s negligence, it’s your responsibility to negotiate a fair settlement based on your real losses. The problem is knowing what those losses are. You are probably aware of the really big ones like medical bills and loss of income, but often there are other crucial components of your case that can help you get the maximum compensation for your losses.

Consider the time your spouse took off work to care for you. And what about future medical bills and their estimated costs? Have you figured in the loss of personal property damaged in the accident? Or the pain and suffering you’ve experienced? It’s easy to miss something and leave money on the table, but our attorneys at The Accident Guys will keep that from happening.

Things Get Complicated Fast
If you want to file a personal injury claim, it has to be done within California’s statute of limitations. If you’re busy worrying about recovering from an injury and getting back to your life, it can be easy to miss filing deadlines.  The paperwork to file can also be complicated and most people don’t even know where to begin.

There are other key issues you also want to take into consideration. For example, were the roads in good condition at the time of the accident, and did those conditions contribute to your accident? Did something on your motorcycle or the other driver’s vehicle fail, and should the manufacturers be held accountable? Things can get complicated very quickly, but The Accident Guys will keep your case on track and make sure you know all your options.

You Need The Accident Guys As Your Motorcycle Attorney

If you’ve been in an accident, the best time to get an attorney on your side is now. The Accident Guys have years of experience in the CA courts helping motorcyclists get the compensation they’re due. Give us a call today and get the results you deserve.

Passengers Rights After an Automobile Accident and What You Need to Know

Man with hands on his had looking at floor with crashed car in the background

If you’re a passenger in an auto accident, you may be able to pursue multiple people depending on who was at-fault. You may have a claim against the driver of the vehicle you were in, the driver of another vehicle who caused the accident or even both.

You Can Also File an Injury Claim With Your Own Insurance Company

If the at-fault party is uninsured or under-insured (which means he or she does not have enough coverage to fully compensate your injuries) you may be able to pursue a claim against your own insurance company if you have uninsured or under-insured motorist coverage (“UMBI”).

Building A Strong Case

Passengers injured in a car accident can prove their damages through medical bills, proof of lost wages and economic loss, and pain and suffering caused by the accident. It’s just as important for passengers to have a personal injury attorney representing them to make sure they are fully compensated.

Additionally, it is important for passengers to try to obtain as much information on their own for their case such as a police report, witness statements, and injury/property damage photographs. Do not rely on the driver providing you with this information.

When Multiple Passengers Are Involved

Sometimes multiple passengers are involved in a car accident, making filing a claim even more complicated. If this happens, and each passenger files a personal injury claim, the combined value of the cases may exceed the at-fault drivers policy limits. This can cause an injured passenger to settle for less money without proper legal representation fighting for you.

Wearing a Seatbelt

Passengers should always wear a seatbelt when they are in the car regardless of where they are sitting. If the seatbelt could’ve prevented the injury, then the insurance company will likely argue that although their insured caused the accident, the injuries could have been prevented if the injured party was wearing a seatbelt.

You Should Seek Legal Advice

If you have been involved in an accident as a passenger, it is important you seek legal advice. Don’t sign anything and don’t talk to the insurance companies unless you’re referring them to your attorney.

If you were a passenger in an auto accident, contact us for a free consultation to help protect your rights.

8 Reasons Why The Accident Guys Are California’s Most Trusted Auto Accident Attorneys

Rear Impact Car Crash

Few things are more devastating than an auto accident. If you’ve been injured because of someone else’s negligence, whether they were under the influence, driving recklessly or simply not paying attention, you deserve to be compensated for everything you’ve gone through. The Accident Guys are the best choice in California when looking for an auto accident attorney.

8 Reasons Why The Accident Guys Are California’s Most Trusted Auto Accident Attorneys

Our Attorneys Negotiate Your Case

Being in an auto accident can be a traumatizing experience, as well as a complicated process to navigate through. The last thing you want is a non-lawyer (which is very common at other firms) negotiating your personal injury case. Having a lawyer negotiate your case is extremely important in maximizing the value of your claim.

An experienced attorney knows the best strategies and procedures to follow when dealing with insurance companies, and what evidence will help or hurt your case. Additionally, when an adjuster is negotiating a claim with an attorney directly, they typically offer more money to resolve the claim. At The Accident Guys, your bodily injury claim will always be negotiated by a California licensed attorney from start to finish.

We Explain Everything

Many accident attorneys just take your basic information and run with it, leaving you constantly wondering what’s going. Where does your case stand? How much is your case really worth? When can you expect some sort of resolution? How long will it take to close your case? The Accident Guys will explain everything to you and answer all your questions right from the beginning.


We Keep Our Clients in the Loop

When you’re going through a legal issue, few things are more frustrating than not hearing from your lawyer. You wonder whether anyone’s even paying attention! The Accident Guys are very personable and will keep communicating with you throughout your claim, answering your questions and making sure you’re always in the loop without placing any burden on your shoulders.

We Go the Extra Mile

Some accident attorneys only care about doing the basics of their job and then moving on to the next case. The Accident Guys treat you like family. Every aspect of your auto accident is important to us. You can expect us to check up on you to see how you’re doing, assist with scheduling doctor appointments, and be available whenever you need – we make sure you’re getting the care you deserve.

We Work Fast

No one wants an auto accident case to drag on and on. The Accident Guys settle the majority of our cases in less than a year! This really benefits our clients as they can use their settlement check to help them get back on track. We work hard to get your case resolved as quickly as possible and get you the compensation you deserve, so you can get on with life.

We Go to Bat for You

When you are in negotiations with an insurance company, you want to feel like your attorney is ready to fight for you like a mama bear for her cubs. The insurance company is doing everything in their power to protect their own best interests: you need someone just as determined watching out for yours. That’s just what you can expect from The Accident Guys.

We Come to You

The Accident Guys will come to you at your convenience. All you have to do is make the call or visit the website to chat with an attorney. You don’t have to wait until you’re well enough to leave the hospital or struggle to leave the convenience of your home when you’ve been injured.

We Are Highly Recommended 


What sets The Accident Guys apart from other attorneys in California is our excellent online reviews. In fact, many of our clients found us through word-of-mouth recommendations from previous happy, satisfied clients. There is no better indication that you’ve found the best California auto accident attorney than seeing how many former clients recommend us.

Give Us a Call

If you’ve been injured in a car accident, don’t settle until you find out all your options. Call The Accident Guys today for a free case consultation and find out how quickly you can get past your accident and back to life.



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We are here for you!

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If you were injured due to the fault of another, you may be entitled to serious compensation. Call us now for a free consultation. We will discuss your rights and explain how we will work to maximize your recovery.

Regardless of your location, we can come to you at your convenience. We are ready to serve you.

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Omid E. Dayan & Eliot M. Houman

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