Uber Car Accident Claims: Will Uber Deny or Delay Claims, And How Can I Prepare For That?
Uber accident victims often find themselves facing a new kind of stress once the crash has been cleared away: dealing with Uber’s insurance claim process. Because of how Uber markets itself, many people believe that their claim will be handled with care. However, many victims find themselves dealing with delayed or denied Uber accident claims without clear explanations.
At Drazin & Warshaw, we understand how frustrating Uber’s claim process can be, especially when you’re dealing with lost wages and mounting medical expenses. That’s why Justin Drazin created UberHurtMe.com, to provide guidance to those reeling from the aftermath of an Uber accident.
In this guide, we’re providing a helpful overview on how to overcome accident claim delays and denials so you can move forward with confidence and get the help you need.
Common Reasons Why Uber May Delay or Deny Your Claim
Uber may market themselves as a safe and convenient alternative for getting home, but that doesn’t negate the fact that they’re still all about profits. And, in order to make a profit, they have to protect their bottom line. Oftentimes, that comes at the expense of you, the passenger.
While this isn’t an exhaustive list, here are a few of the most common reasons why Uber may delay or downright deny your claim altogether.
Lags in Reporting
In the days following an Uber accident, you’re understandably going to be focused on your health. You’re also likely adjusting to a new routine that involves calling out of work, attending medical follow-ups, and possibly even finding a babysitter for the kids. Though you have every intention of reporting the accident to Uber, it may not be the first thing on your to-do list. However, that’s exactly how Uber’s insurance team will get you.
Uber is looking for a reason to deny your claim, so failing to report the accident within a reasonable timeframe could be used against you. Uber’s team may claim that your failure to promptly report the crash is because your injuries aren’t as severe as you say, even if you were simply taking a little time to get other priorities in order.
Fault Disputes
Another big reason why Uber will deny your claim? Fault disputes. For example, Uber may try to claim that you and your friends were talking too loudly or engaging in other behaviors that distracted the driver. In some cases, even if the driver is at fault, they may deny liability because the driver violated Uber’s policy; for example, the Uber driver was intoxicated and caused an accident.
While liability would seem pretty straightforward, Uber may try to deny coverage because the driver’s intoxication was a direct violation of their policies. In a case like this, they may try to have the driver’s insurance policy provide coverage to you instead of them. This is yet another prime example of why hiring an experienced personal injury attorney who handles rideshare accidents is crucial. They are aware of the games Uber plays.
Pre-Existing Conditions
Let’s say you were born with a spinal condition that was fixed in childhood, but it left some lingering back pain. In a case like this, Uber’s insurance may try to minimize liability by claiming that your pain is the result of a pre-existing medical condition and not the accident.
Your lawyer will combat this common insurance tactic by proving that the Uber accident worsened your existing injury or created a new one, unrelated to your medical history. In New Jersey, there is also a legal doctrine called the Eggshell Plaintiff Rule. Under this rule, liable parties must pay when the plaintiff is injured as a result of negligence if it is proven that their pre-existing medical condition was worsened by the accident.
Failing to Include All Relevant Details in Your Claim, or Giving Too Much
Mistakes happen. However, if your report has missing details or supporting documentation, Uber may use that as a reason to delay or deny your claim.
This is a catch-22, because while you never want to lie to Uber, you also don’t want to give them too much information without a formal investigation. However, this formal investigation won’t be complete by the time you report the crash to Uber. It’s best to err on the side of caution and hire a skilled Uber accident attorney to handle communications with the rideshare company on your behalf.
If you do talk to Uber’s team, stick to the facts and nothing more. Even simple guesses of how the accident happened can work against you. At the end of the day, you need a lawyer to formally investigate the details of the crash to determine what happened. Don’t give Uber an inch because they’ll take a mile.
How to Prepare for (and Avoid) a Delayed or Denied Uber Car Accident Claim
Thankfully, there are steps you can take to prepare for the possibility of a delayed or denied Uber car accident claim. Protecting yourself starts with:
Documenting the Uber Accident Scene
Evidence is your biggest asset when going up against Uber. After the crash, call 911 to get law enforcement on the scene. They’ll create a police report, which formally documents the crash, including any injuries you sustained. In addition to calling 911, take photos and videos of your visible injuries, as this will prove they were related to the crash.
Similar Post: How to Document Your Recovery Process for an Uber Accident Lawsuit
Going to the Doctor and Sticking to Your Treatment Plan
Even if you feel fine, that doesn’t mean you’re not injured. After an accident, your adrenaline is usually high, and this can easily mask symptoms. Furthermore, some injuries may not present externally or show symptoms right away.
As such, seeking prompt medical care is crucial. Once you are looked over or diagnosed, be sure to collect medical records and follow the treatment plan you’ve been given. For example, if you sustained a concussion, your doctor will likely advise against driving and limit activities such as listening to music, watching TV, reading, and any other tasks that require mental concentration.
Not only is sticking to your treatment plan essential for your recovery, but it also limits Uber’s insurance company from finding a loophole to deny your claim.
Posting on Social Media
The above example highlights the importance of not giving Uber any wiggle room to delay or deny your claim. If you have a concussion and were told to limit activity, but you are seen posting on social media or attending a concert, Uber will use that as a reason to deny your claim. Even if you were in severe pain or were only on social media for five minutes that day, Uber’s insurance can still use it against you.
Remember, context is everything. Don’t give Uber a reason to deny your claim.
Calling a Personal Injury Lawyer
The best way to prepare for the possibility of a delayed or denied claim is to hire a lawyer who has experience handling Uber car accident claims. At our firm, that person is Justin Drazin.
Motivated by his friend’s Uber accident, Justin Drazin created UberHurtMe.com, the country’s leading Uber accident resource. He knows the tactics Uber and rideshare companies like them use to minimize liability, and more importantly, isn’t afraid to go up against them.
As you face mounting medical bills and missed time from work, Justin Drazin is investigating your accident, speaking with Uber’s insurance carrier, and advocating for the money you need on your behalf. Don’t let your Uber car accident claim go unrepresented. Schedule a consultation today.
Similar Post: What to Expect During Your Initial Consultation with an Uber Accident Attorney
Don’t Wait for Your Uber Car Accident Claim to Be Delayed or Denied. Call Justin Drazin for Aggressive Legal Representation
The last thing you need right now is an insurance company that is giving you the runaround. Let Justin Drazin advocate on your behalf so you can focus on what matters most: your health.
Call 732-333-8141 or fill out our online contact form to schedule a free consultation today. We’re here to help. Do you have questions about your rights after an Uber accident? Check out UberHurtMe.com for some helpful resources.
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.