Can You Still File an Uber Accident Claim if the App Malfunctioned During the Ride?

Uber driver holding a phone outside the window during an Uber app malfunction

Uber rides can’t exist without the proper technology. Not only would you not be able to request a ride without the app, but drivers need to use it to get you to your destination safely. What happens, then, when the app malfunctions? While rare, GPS errors and connectivity issues do occur. When they do, they could not only cause an Uber accident if a driver gets distracted, but it could also mean that valuable trip data may be lost.

In this blog, we explore how glitches occur and how they can impact your claim.

The Uber App and Its Impact on Safety and Liability

The Uber app does much more than connect people who need a ride. It provides status updates, GPS navigation, and trip tracking. It also helps keep track of when a driver is en route to pick up a passenger or already has one, which plays a big part in determining when Uber’s insurance coverage kicks in.

While this app is essentially the lifeblood of an Uber trip, it’s also entirely dependent on connectivity. When the Uber app freezes, crashes, or drops the trip, that data could be lost or incomplete.

Simply put, the app doesn’t just make it easy for the driver to get you to your destination; it plays a vital part in your personal injury claim and determines Uber’s insurance coverage.

Common Uber App Glitches That Can Contribute to Accidents

On the surface, an app glitch may not seem like a big deal. But in Ubers, where drivers are completely dependent on them, they can play a big part in causing accidents. Some of the most common technological issues leading to Uber accidents include:

Frozen screens that distract drivers while they’re en-route to their destination
GPS lags or errors that leave drivers panicked, possibly resulting in making a wrong turn or going down a one-way street
Delayed navigational updates, putting drivers and passengers into potentially dangerous areas

On top of these technological issues that can contribute to accidents or injury, accidentally-dropped trips and connectivity issues can make it seem like the ride ended even though the driver is still traveling with a passenger.

Does Uber’s Insurance Policy Apply if the App Malfunctions?

Uber’s $1.5 million insurance policy is contingent on whether the driver was active at the time of the crash. So, yes, Uber’s insurance coverage will kick in if the driver was at fault for the crash while you were in the vehicle.

However, data is needed to activate that insurance policy. If the app malfunctioned and you can no longer prove that the ride occurred when you claim, it could leave you in a complicated situation. However, don’t lose hope. This is where an experienced attorney can help.

How a Lawyer Can Help You With Your Uber Accident Claim if the App Malfunctioned

If the Uber app malfunctioned, there are several ways an attorney can help you with your claim. These include:

Sending a Preservation Request to Uber

While trip data may not be available on the app, that doesn’t mean it’s completely inaccessible. Like other rideshare companies, Uber stores internal data about each trip. However, because that data isn’t stored indefinitely, your lawyer can send a spoliation letter requesting that the ride details be preserved.

This includes GPS routes, trip timestamps, login times, communication records, and other relevant data. Without this request, valuable data may be lost forever.

Subpoenaing Uber’s Trip Data

Uber generally doesn’t want to pay for injuries their passengers sustained. After all, their main priority is maximizing profits, not caring for your safety.

To keep their profit margin high, Uber will look for any reason to deny your claim. This becomes especially true when there is no proof that the driver was logged in at the time of the crash due to a malfunctioning app.

Without this proof, passengers may feel like they don’t have any recourse. However, an attorney can subpoena Uber, requesting them for their internal trip data. This digital evidence can make or break your claim.

Preserving Passenger Data

Your own device data serves as vital evidence in your claim, too. Even if the Uber app malfunctioned, you were likely still sent trip confirmations and receipts either via text or in your email. Your lawyer will use this data to help corroborate your story.

Reviewing Cell Tower Data

Even if an Uber app fails, local cell towers can still pinpoint the driver’s movements if their phone is in the car. Your personal injury lawyer will use this data to prove that your Uber driver was active and en-route at the time of the accident. This helps prove that Uber’s insurance coverage should apply over the driver’s personal policy.

Steps to Take After an Uber Accident

Regardless of whether the app was shut down or not working at the time of the accident, you still need to take the right steps to preserve your right to compensation.

Following the Uber accident:

Call 911

Immediately following the accident, call law enforcement. Law enforcement will contain the scene and speak with everyone involved, including witnesses, to help draft the police report. Paramedics will check you out at the scene, as well, to ensure your safety, and if necessary, transport you to the hospital.

Document the Scene

Write down the name of your Uber driver, details about their vehicle, and what happened. Include timestamps, the driver’s actions at the time of the crash, and take photos of the crash scene. Include photos of the vehicle damage, your injuries, nearby potholes or construction, malfunctioning lights, names and contact info of witnesses, skidmarks and anything else you think might be relevant.

Seek Medical Care

Not all injuries are readily apparent following an Uber accident. Even if you deny transportation to the hospital, seek medical care on your own as soon as possible to ensure you’re okay. Delaying this step can give Uber’s insurance carrier a reason to deny your claim. When facing an app malfunction, this is one headache you don’t need to add to your plate.

Call a Personal Injury Lawyer

It’s not easy going up against a big corporation, especially when they will deny liability if a malfunctioning app makes it difficult to prove a ride took place. An attorney will use the methods mentioned above, plus several others, to retrieve key digital evidence to help support your claim.

Were You Injured in an Uber Accident? Get the Help You Need Today

Uber accident claims are complicated enough without having to deal with the added stress of a malfunctioning app. Justin Drazin, the founder of UberHurtMe.com can investigate your case to determine what happened and locate key evidence needed to get the compensation you deserve. Call 732-333-8141 or fill out the online contact form today to schedule a free consultation. Drazin and Warshaw represents clients throughout New Jersey, including Howell, Red Bank, Edison, and Newark.

Disclaimer: This blog is intended for informational purposes only and does not establish an attorney-client relationship. It should not be considered as legal advice. For personalized legal assistance, please consult our team directly.