Uber Accidents: Proving Your Case

car accident

Accident victims have a right to compensation, and that right extends to victims of Uber accidents, as well. If you have been the victim of an Uber accident, you are likely wondering what comes next after reporting it to insurance. In other words, you have a case, but how do you prove it?

Our skilled rideshare accident attorneys are here to break down what we do when trying to prove Uber accident cases.

What Do You Need to Prove to Win a Case?

Let’s start with the basics. For traffic accident cases, there are a few elements you will need to prove:

  • The other party owed you a duty of care: This means they were legally required to act with care on the road. All drivers, including Uber drivers, have this duty of care to others.
  • The other party breached that duty of care: This means they committed some negligent act that endangered others. This could include speeding, drinking and driving, or even texting and driving.
  • The other party’s negligence led to an accident, causing you injuries and damages: This means that the accident was a direct result of their negligent actions. An example would be if an Uber driver rear-ended you because they were distracted by the app.

Many accident victims can rely on clear-cut evidence to know whether they have a case, but proving the above elements often requires additional evidence. You will need to build on what you already know.

In essence, accident victims must uncover and maintain evidence to back up their claims.

How to Uncover and Maintain Evidence for Your Claim

Investigate and Reconstruct the Accident

The first step will often be to investigate the accident. This may mean using pictures of the accident scene and reconstructing the accident itself. A lot of evidence can be gathered from accident reconstruction, including who was at fault.

Insurance companies will likely also reconstruct the accident when evaluating your claim. Sadly, they may even fudge the results. Insurance adjusters tend to ask pointed questions, then twist what you say to benefit their best interests. It is key to not just uncover evidence, but to maintain it. This may boil down to making sure you don’t tell the insurance company too much.

Speak to Witnesses and Experts

Witnesses and experts can provide a wealth of information, all of which can then be used to prove your claim. If you were hit by an Uber driver, it may be beneficial to speak to the Uber passenger. Or if you were the Uber passenger, the other driver involved in the crash may provide testimony that proves crucial for your case. It all depends on who and where you were at the time of the crash.

Experts can also provide testimony to back up an Uber accident claim. Medical experts may testify about how the accident has affected your life, while industry experts may verify facts pertaining to accident reconstruction.

Save Medical Bills, Pay Stubs, Other Evidence of Damages

Something many victims overlook is the importance of saving evidence of their damages. Without this evidence, you will not be able to prove that you suffered any damages from the Uber accident. Make sure to keep your hospital bills, physical therapy bills, medication receipts, pay stubs (to show a decrease in wages), and the like.

Bonus Tips and Tricks for Proving a Case

Build a Trial-Ready Claim

Once you have evidence, it is time to use it to build a trial-ready insurance claim. A strong claim means that the insurance company will have a harder time disproving it; this also lets the insurance company know you are to be taken seriously.

Should they refuse to compensate you fairly, you can quickly take them to court. Just the threat presented by a trial-ready claim can work to the accident victim’s advantage. In fact, many insurance companies will cough up a better settlement just to avoid litigation.

Work with an Attorney

If you have been injured in an Uber accident, an experienced attorney can help you uncover evidence, build a trial-ready claim, and prove it (in court, if needed). The above steps are often difficult to do without the specific training that comes with a law degree. And unfortunately, insurance companies also have their own attorneys. Getting your own attorney may be integral to proving your case.

At the Law Office of Marshall Silberberg, we have recovered millions of dollars for accident victims. If you are considering working with an attorney, we offer free consultations to help you make an informed decision. Our consultations are provided without any strings attached, and we can go over your rights, your options, and whether an attorney’s help would be beneficial to you.

Call (949) 565-4281 to schedule a free consultation with an Orange County car accident attorney.

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