As the number of rideshare vehicles hitting the roads in Texas increases, so do car accident rates. This isn’t surprising; you should expect accident rates to increase along with the number of vehicles on the road.
With your chances of being involved in an accident increasing, it’s a good idea to be familiar with insurance laws. Navigating a rideshare accident claim isn’t always easy, it usually involves a little more than contacting the driver’s insurance carrier. If you’re wondering what to do immediately following a rideshare accident, here’s a look at the steps you should follow.
Alert the Authorities
Most states, including Texas, have laws regulating when accidents must be immediately reported. For example, in Texas, all accidents resulting in injuries, fatalities, and/or property damage exceeding $1,000 must be reported by law.
Since even minor vehicle repairs can easily run thousands of dollars, it’s usually a good idea to play it safe and report any accident immediately to the authorities. This especially applies when the accident involves a rideshare driver.
Even though rideshare platforms like Uber and Lyft provide their drivers with comprehensive coverage, filing a claim for damages is difficult if you haven’t reported the accident.
Your accident report serves as proof that the incident occurred. The information contained in the report can also help support your claim. You can usually get a copy of the report within ten business days of the accident. You can pick up a copy online or head to the nearest police precinct. There is a fee, but it’s usually around $10.
Document the Accident Scene
Being hit by a rideshare driver isn’t any different than being involved in an accident with a motorist running errands.
You should try to document the accident scene, regardless of the at-fault driver’s employer—but this doesn’t mean grabbing some protective gloves and searching for a way to preserve potential evidence. You’re an accident victim and not a crime scene investigator. Leave the heavy investigative work to the professionals. All you’re doing is trying to prove your accident claim.
Grab your cell phone and open the camera app. You want to take pictures of your vehicle damage and the accident scene. Try to get a shot of the position your vehicle ended up in since this can help prove your accident claim.
Don’t forget about taking pictures of any visible injuries, which also includes any your passengers may have sustained. Even though they’ll file separate injury claims against the rideshare platform, the images can help bolster your accident claim.
If your injuries are too severe, don’t worry about documenting the accident scene. Your health should also take priority and your accident report should include most of the details. Taking pictures is only an effective way to support your claim.
The images aren’t the deciding factor when you sit down to negotiate with the rideshare platform’s insurance adjuster.
Visit a Healthcare Provider
Even if you don’t think you need to visit a healthcare provider after an accident with a rideshare driver, it’s something you should plan on doing. Not only does this help protect your claim against the rideshare driver, but it’s also beneficial for your overall well-being.
Not all injuries display immediate signs and symptoms, soft tissue ones are a great example. Over time, these injuries can develop into significant health problems. If you can’t provide medical documentation, you probably can’t receive compensation for any injuries sustained in an accident with a rideshare driver.
You should plan on saving all bills, receipts, and other documentation. You never know what the insurance adjuster may request while reviewing your accident claim.
Comparative Negligence and Its Potential Impact on Your Claim
Some states, including Texas, recognize comparative negligence rules and this can impact your accident claim against a rideshare driver. Comparative negligence allows more than one driver to be responsible for an accident.
So, if you’re more than 50% responsible for the accident, there’s a good chance you can’t file a claim to receive compensation for your damages. You can file an appeal in civil court if you believe you’re being assigned more than your fair share of the fault. However, before your claim gets this far, it’s a good idea to have an attorney working on your accident case.
Filing a claim against a rideshare platform can be complex, especially if fault for the accident is part of the case. Your attorney can help ensure you’re not assigned more than your fair share of the blame and that you receive compensation to cover your damages.
