How Long Do You Have to File an Uber Accident Claim?

If you get hurt in a collision involving an Uber in Los Angeles, it is important to act quickly to protect your rights. California has laws in place restricting the amount of time you have to file an Uber accident claim. Typically, you must file a personal injury lawsuit within two years of the accident, but you should file an insurance claim much sooner.

Insurance Process: Within 72 Hours

Uber’s commercial insurance policy offers up to $1 million in coverage for bodily injuries and property damage. The amount available to cover your losses will depend on the phase or period of the ride. You can generally access the full $1 million if you were a passenger riding in an Uber at the time of the accident. If you were involved in a collision with an Uber driver who was waiting for a ride request, lower policy limits will apply.

To have a valid claim with Uber’s insurance, you must file right away. Different insurance companies have their own deadlines, but they typically all require prompt or “as soon as possible” crash reporting. Oftentimes, this means within 24 to 72 hours of the accident. If you wait too long to file, you may miss the deadline or the insurance company might try to argue that your injuries were caused by something other than the accident.

Personal Injury Claim: Two Years

Most Uber accident cases are resolved via insurance claims. The insurance company offers a settlement and, once it is negotiated to a fair amount, the victim will accept and receive a check to resolve the legal dispute. Some cases, however, must proceed to court in Los Angeles County.

If you need to bring a car accident injury lawsuit against Uber, an individual driver or a third party, you will have no more than two years from the date of your accident to do so under California Code of Civil Procedure § 335.1. This is California’s statute of limitations on most personal injury claims. 

A statute of limitations is a strict time limit by which a legal cause of action must be filed for the courts to view it as valid and allow it to proceed. If you wait longer than two years from the date of your Uber accident, you will most likely lose the right to seek financial compensation from the at-fault party – regardless of how strong your evidence is against the defendant.

Deadlines for Unique Uber Accident Claims 

Two years is the standard statute of limitations that should be used for most Uber accident claims brought in California. However, if your case has extenuating circumstances, your filing deadline may be sooner or later:

• For a property-damage only claim, the statute of limitations is three years.
• A wrongful death claim must be filed within two years of the date of death (not necessarily the date of the Uber accident).
• If your case involves a government entity, you will have just six months to file a written notice.
• For an injured minor, the deadline is two years from his or her 18^th birthday.

In addition, if the discovery of your Uber accident injury was delayed, the clock on the statute of limitations won’t start ticking until the date that you discovered or reasonably should have discovered your injuries.

Initiate Your Uber Accident Claim Today

It is important to initiate your Uber accident claim as soon as possible rather than waiting. Filing well before your deadline ensures that you do not unintentionally miss the filing window. It also improves the chances of key evidence still being available, such as documents and data from Uber. To get started with your Uber accident case in Los Angeles, contact Rose, Klein & Marias, LLP to schedule a free consultation.