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Most people assume that if they are the passenger in a vehicle that gets into an accident, the driver will call the police. While this may be generally true for private motorists, it does not necessarily apply to Uber and Lyft drivers. Understanding the reasons these drivers often fail to report crashes will help you better respond in the event you are involved in an accident.
It may also help you win compensation for your injuries and other losses. Having a skilled legal counsel will make the difference in your case. If you were the passenger in a rideshare accident, it’s time to speak with a dedicated Uber accident lawyer. MKP Law Group, LLP is here to help.
Why Wouldn’t My Uber Driver Report a Crash?
There are a number of reasons why this could be the case, including:
- The victim tells the driver they were not injured, or not injured seriously.
- There is no or minimal damage to the vehicles involved.
- Given the absence of major injuries or property damage, the law does not require the driver to report the wreck.
- The law required the driver to report, but the driver was ignorant of the law.
- Others involved in the accident discouraged the driver from calling police (perhaps because they had no insurance).
- The driver was trying to keep a schedule, including picking up other passengers.
- The driver was concerned that they would get a ticket for speeding or another traffic offense.
- The driver was engaged in inappropriate behavior during the trip.
- The driver was afraid that Uber or Lyft would terminate the driver (deactivate the Lyft or Uber app).
There’s a strong possibility that if any of the above scenarios apply, the driver will also attempt to prevent you from reporting the accident. However, you should consult an Uber accident lawyer to protect your rights.
What Happens If the Driver Doesn’t Report the Accident?
The consequences of failing to report an accident could be serious for the victim. To begin with, it will be much more difficult to prove basic facts about the accident such as the identity of the at-fault drivers. When police show up to an accident scene, they generate a police report that includes this and other details. Without a report, the drivers may also dispute liability and unnecessarily delay the claims process. Additionally, if your injuries turn out to be worse later, the insurance company representing the at-fault driver may dispute your claim since the accident was never reported.
What to Do If Your Uber Crashes
The steps that you take right after an Uber accident could affect your safety, your health, and your claim for legal damages. We recommend that you do the following:
- Decide whether to remain in the vehicle: The answer to this will vary by the circumstances. If the Uber or Lyft vehicle you are in remains in the path of traffic, you may need to exit and get to a place of safety. However, if you leave the vehicle you risk getting struck by oncoming vehicles. Also, you may not be able to move depending on your injuries.
- Call 911: Even if you think you are uninjured, you should call 911. Ask for medical assistance for yourself, the Uber or Lyft driver, and other passengers who need it. Taking this step will also help you obtain a police report.
- Take pictures and make notes: If you are able to, you should take pictures of the accident scene, the vehicles involved (including the Uber or Lyft vehicle), and your injuries. This could prove valuable if the at-fault driver flees the scene. Make a note of anything you can remember about the driver if this occurs, such as their identity, the make and model of their vehicle, and their license plate.
- Talk to witnesses: Don’t rely on your Uber or Lyft driver to do this for you. Ask any witnesses in the area what they saw and get their names and contact information. Include in your notes the location of the crash and any surrounding residences or businesses. There may be witnesses in these places who can assist you later.
- Preserve evidence: Keep copies of your medical bills, missed time from work, and any other losses related to the ridesharing accident. Your accident lawyer will need this evidence later for dealing with the rideshare company and liability insurance company.
- Don’t discuss the accident: You should avoid talking about the accident with the Uber or Lyft driver, with the rideshare company, with their insurance companies, or with any other drivers involved in the accident. Doing so risks inadvertently damaging your legal case. However, you should notify your own insurance company (even as a rider) in case there are benefits like PIP coverage, Medical Payments coverage, or uninsured motorist coverage.
- Speak to an attorney: Call a law firm that is experienced with Uber and Lyft accidents. Legal action may be necessary, but many of these claims settle out of court. Regardless, a seasoned attorney will walk you through each step of the process.
How to Report an Accident to Uber
The process for reporting an accident to Uber is largely similar to that of reporting one to Lyft. In both scenarios, riders can log onto the app or file reports online with both rideshare companies.
At all times, however, you should only convey the basic, objective facts about the accident. Never speculate as to who or what caused the crash or to the nature of your injuries. If you are unsure how to report an accident to Uber or what you should tell the company, speak with an Uber accident attorney.
Can You Sue Uber for an Accident Even Without a Police Report?
Your right to sue Uber, Lyft, or another rideshare company is the same, whether or not you have a police report. However, these crashes are more complicated than other automobile accidents. First, rideshare drivers are often considered to be independent contractors, which makes it difficult (but not necessarily impossible) to sue the rideshare company directly. Second, most of the time an accident victim will be filing a claim against the rideshare company’s insurer. Uber, for instance, maintains a $1 million policy on their drivers that applies during trips.
The last thing to note is that while your legal rights are unaffected by the police report, you will have a more difficult time proving your case without one. The report is a valuable piece of evidence that you need to make the best argument possible for the compensation you deserve.
You should see a doctor regardless of what you think your condition is after a crash. If you do not, your injuries could worsen in the hours and days after the wreck. Moreover, Uber’s or Lyft’s insurer may blame you for aggravating your own injuries, which will complicate the insurance claims process.
No, the driver is the one who will get in trouble if the police locate them. However, you need to safeguard your interests by taking the steps above and contacting our Uber accident attorneys. Be sure to notify both the police and Uber that their driver fled the scene. If you can, return to the accident on your own and document it as stated above.
No, do not count on Uber or their insurance company to have your best interests at heart. These companies often ignore or delay the insurance claims process in hopes that the victim will go away. You need to speak with our Uber accident lawyers to protect yourself.
How MKP Law Group, LLP Can Help
When you hire our Lyft and Uber accident injury lawyers to assist you, we immediately get to work by investigating the crash. This means understanding why and how the accident happened and who was at fault. We also sort out the often complicated role that insurance policies play in these accidents so we can file a claim on your behalf. Finally, while we work to settle these cases if possible, we are prepared to take your case to court if necessary.
If you were in a Lyft or Uber accident, connect with the Los Angeles-based legal team at MKP Law Group, LLP. You can complete our online contact form now to get started with your free consultation.
