Everything You Need to Know About Uber Accident Claims in Oklahoma

As ridesharing options like Uber and Lyft become more a part of our everyday lives, we’ve been faced with new challenges and questions when it comes to car accidents. Getting into an accident in your own car is a stressful situation, but what if you’re in an accident while ridesharing?

Whether you’re a rideshare passenger or were in another vehicle at the time of the wreck, knowing what to do can be confusing. Who you file a claim with and how much insurance is available can vary depending on who caused the accident and even what the Uber driver was doing at the time.

We’ve compiled a quick list of key facts you need to know about ridesharing accidents in Oklahoma. (Uber is the most common rideshare provider in the state, but these facts apply to competitors like Lyft, too.) Keep reading to learn more about the steps you should take after getting into an Uber or Lyft accident in Oklahoma.

First Steps: What to Do After an Uber or Lyft Accident

Regardless of whether you were a driver, passenger, or pedestrian, your first steps after an accident involving a rideshare vehicle are the same as they would be for any car accident.

Unfortunately, some people make decisions in the heat of the moment that end up hurting their chances of receiving maximum compensation for their injuries, should they later decide to file a claim.

To protect your chances of getting fair compensation for your injuries, take these steps after an accident:

• Remain at the scene.
• Check to see if anyone involved suffered injuries. If so, be sure they get emergency medical treatment.
• Call the police.
• Take pictures of the accident scene and any injuries. Try to capture as much as you can about the road conditions, vehicle damage, debris, and other surrounding elements.
• Get contact info and statements from any other involved drivers and eyewitnesses.
• Seek medical attention even if you think you only have minor bumps and bruises. Serious injuries aren’t always immediately apparent.
• Contact a car accident lawyer and schedule a free consultation as soon as possible to discuss any legal options available to you.

You also very likely will have to report the accident to Uber to begin the claims process. However, we encourage you to discuss the matter with an experienced personal injury attorney first if possible.

Damages You May Be Entitled To

After being involved in a car accident that wasn’t your fault, you may be eligible to obtain compensation for damages. Every case is different and the amount of compensation you may receive will depend on the severity of your injuries. Typically, though, compensation can help cover:

• Medical expenses
• Lost wages
• Pain and suffering

Other types of compensation may be available, depending on the circumstances of your case.

Breaking Down Your Uber Car Accident Claim: Who Pays for Your Damages?

Oklahoma is a fault state. That means that, after a collision, the at-fault party is primarily responsible to pay for the medical care, property damage, lost wages, and other damages suffered by those who were hurt.

So, the first thing you need to know is: who caused the crash?

If the Crash Was Caused by the Rideshare Driver

Under Oklahoma law, rideshare drivers are required to maintain certain minimum levels of liability coverage to pay for accidents that they cause.

If they do not meet the required amount of coverage from their own personal auto insurance policies, the rideshare company (known under Oklahoma law as a “transportation network company”) must cover the rest on the driver’s behalf.

However, the amount of insurance coverage that applies depends on the circumstances. Per Oklahoma Statutes §47-1025:

• If the Uber driver has accepted a fare and is either on the way to pick them up or currently transporting them, a minimum total liability coverage of $1 million applies. This pool of money is available to pay combined damages for death, personal injury, and property damage.
• If the Uber driver has the Uber app open and is available to take a fare, but has not accepted one yet, the minimum coverage levels are $50,000 per person and $100,000 per accident in death or bodily injury, plus an extra $25,000 for property damage.
• If the Uber driver is “off the clock”—the app isn’t open and they aren’t working—only their personal auto insurance applies. This could be as low as $25,000 per person and $100,000 per accident in bodily injury or death, plus $25,000 for property damage.

If the Crash Was Caused by A Different Driver

Here’s another scenario: you were driving or riding as a passenger in an Uber vehicle and a different driver crashed into you.

In this scenario, the at-fault driver’s auto insurance would be considered “primary,” so you would need to file a claim against them first. This could mean that the other driver is carrying only the state minimum liability coverage limits.

If the at-fault driver isn’t carrying enough insurance, you may be able to file an uninsured or underinsured motorist (UM/UIM) claim. The rideshare driver or a rideshare company may maintain a UIM/UM policy that covers injuries to vehicle passengers. Be sure to speak with an experienced attorney to make sure you identify all potential sources of coverage.

Other Possible Sources of Insurance Coverage

Regardless of who was at fault for the crash, you may be able to obtain additional coverage, such as uninsured motorist coverage, underinsured motorist coverage, or personal injury protection (PIP) coverage from either your own personal insurance company policy or the Uber driver’s.

Again, we strongly urge you to speak with an experienced lawyer as soon as possible after a crash. Your Uber accident claim could be very complicated, and you may need to file claims against multiple different insurance companies to get the most money possible to pay for your injuries.

If You’ve Been Injured, Colbert Cooper Hill Is Here to Help

After an injury crash, you should be able to focus on getting better—not worrying about legal deadlines, filing multiple claims, or investigating the crash.

Very soon after a rideshare accident, critical evidence starts to disappear. The longer you wait to see a doctor and talk to an experienced attorney, the harder it might become to prove who was at fault and negotiate a fair Uber accident settlement.

At Colbert Cooper Hill Attorneys, we’re passionate about helping injured Oklahomans receive the justice they deserve. If you’ve been injured in a ridesharing accident and need help knowing what to do next, just give us a call or fill out our online form to get started on your free case review.

 

The content provided here is for informational purposes only and should not be construed as legal advice on any subject.