Legal Help for Professional Drivers: What to Do After an Accident on the Job?

Car accidents are never a positive experience for anyone. However, for rideshare drivers, they come with unique challenges. Accidents can jeopardize a professional driver’s income, and because Uber and Lyft drivers are independent contractors, support from rideshare companies is very limited.

Fortunately, legal support for drivers is available through separate, non-profit organizations. If you’re a rideshare driver who has just been involved in an accident on the job, navigating the aftermath can be confusing. Here’s a closer look at what to do next.

What to Do if You’re Involved in an Accident as a Driver

Accidents can happen when you least expect them. When you know what steps to take after a crash, you’ll be better equipped to protect your rights and your career.

Call Paramedics and Police

If you’re involved in an accident, the first thing you should do (if you’re able) is check on everyone involved. If there are any injuries or property damage, you should call 911 to request police and paramedics.

At the scene of the accident, the police should complete a report. If you can, save the police report number so you can access it later.

Document the Scene and Exchange Information

Just as with any other car accident, you should exchange contact information, driver’s license details, and insurance information with all other involved drivers. If you can access your phone, take a few minutes to collect photographic evidence of the scene. Include pictures of the following:

• The general area of the accident
• A zoomed-out view of the accident scene
• Damage to each vehicle involved (including yours)
• Each vehicle’s license plate and VIN
• Skid marks, broken glass, and road debris

Make sure to back up these pictures in multiple locations. If you need to file an insurance claim or provide documentation of the accident, they will be extremely important.

Report the Crash to the Rideshare Company

Uber and Lyft ask drivers to report accidents as soon as they reasonably can. You can typically do so through the app or over the phone. If you need to file an insurance claim, the rideshare company will usually guide you through that process, too.

It’s important to prioritize reporting the accident. If you wait too long without a good reason, the rideshare company may think you were trying to avoid filing a report. That may put your account in jeopardy.

Seek Medical Attention

If you weren’t transported to the hospital by paramedics, it’s still important to seek medical care. Some injuries are less obvious than others, and a medical professional can help identify and treat injuries before they worsen.

Seeking immediate medical care is also important if you ultimately file an insurance claim. If you wait days to see a doctor and you’re diagnosed with an injury, the insurance company might deny your claim and say that you could have sustained that injury after the crash.

Find Legal Help

Some drivers wait to see if any issues arise before they begin looking for legal assistance. However, it’s often wise to seek legal guidance before you need it. Attorneys who work extensively with rideshare cases may be able to spot potential problems and help you proactively address them. Many also offer free consultations.

What Happens Next?

Many drivers worry about having their accounts deactivated over an accident. The good news is that neither Uber nor Lyft will automatically ban a driver for getting into an accident. However, both services follow similar investigation protocols after a crash.

Temporary Deactivation

Both Uber and Lyft will almost always deactivate a driver’s account right after an accident. This temporary deactivation keeps the driver off the platform until the rideshare company can verify that they aren’t a safety risk.

Investigation

During the investigation phase, the rideshare company consults available evidence to determine what happened at the accident scene and who was at fault. During the investigation, rideshare companies will often reach out to involved drivers and passengers.

Reactivation or Permanent Deactivation

Once the rideshare company has completed its investigation, it will either reactivate your account or permanently deactivate it. Accidents are assessed on a case-by-case basis, but you’re more likely to face permanent deactivation if any of the following apply:

• You were charged with DUI or with leaving the scene of an accident 
• The accident involved serious injury or death
• You were at fault
• You have had recent moving violations or accidents
• You were engaging in unsafe behaviors (like speeding or texting behind the wheel) at the time of the crash

Even if your account is reactivated, you might not be able to resume driving right away. If your car was damaged in the accident, rideshare companies commonly require you to provide proof of repair. In some areas, the vehicle may even have to pass an inspection.

What Legal Help Is Available to Professional Drivers After an Accident?

When many people think of legal help, they imagine hiring an attorney to represent them in court. However, post-accident legal support includes much more, and most drivers can resolve their legal issues without having to set foot in court. These are some of the key types of legal help you may be able to access:

Negotiating With Insurance Companies

Whether you’ve filed a claim against the rideshare’s insurance policy, a third-party driver’s policy, or both, getting a claim approved can be difficult. Attorneys know how to negotiate with insurers, and they may be able to help you recover the compensation you need.

Appealing Account Deactivations

If the rideshare company permanently deactivates your account after an accident, an attorney may be able to offer advice, assist with appeals, and even negotiate directly with the rideshare company. Legal representation doesn’t guarantee that your account will be reinstated, but it improves your chances dramatically.

Recovering Workers’ Compensation Benefits (for New York Drivers)

Because rideshare drivers are classified as independent contractors instead of employees, you can’t apply for workers’ compensation benefits as you would with many jobs. However, if you drive in New York, you may be eligible for compensation from the Black Car Fund.

The Black Car Fund provides workers’ compensation coverage for qualifying New York rideshare drivers. You don’t have to sign up to be covered, and if you submit a claim, you could receive compensation for both medical care and lost wages.

Preparing for Small Claims Court

In some cases, pursuing a case in small claims court may be your best option to recover compensation for vehicle damage or smaller medical bills. While lawyers generally aren’t allowed to represent clients in small claims court, an attorney can help you gather evidence and build a case.

Involved in an Accident? You Need an Advocate

After an accident, Uber or Lyft may offer you some level of support. However, that support is usually minimal, and you should always remember that a rideshare company’s primary goal is to protect its own interests, not yours. 

When you seek out legal services for professional drivers, you can connect with a knowledgeable professional who has your best interests in mind. Whether you’re having trouble with an insurance claim, fighting deactivation, or trying to recover compensation to repair your vehicle, the right accident support makes all the difference.