After many positive experiences, most rideshare passengers forget that they are just as likely to be involved in a car accident as any other vehicle on the road.
When rideshares crashes or accidents take place, the rideshare company's insurance policy, whether it's Uber, Lyft or another ridesharing service, is likely to kick in. Yet, maximizing a claim with the insurance provider is difficult without the help of a legal professional.
Our experienced attorneys can help you fight for maximum compensation after a ridesharing accident. Contact us now to get started with a free consultation.
Rideshare injury victims can often not sue Uber or Lyft in order to receive compensation for damages because drivers are considered independent contractors.
In spite of this, courts across the country are presently hearing cases regarding contractor status. In California, Uber and Lyft drivers were recently classified as employees before the decision was overturned. Accordingly, depending on when your accident occurred, you may be able to sue the private entity directly for any damages you sustained.
Regardless of how the driver was classified, it's worth mentioning that Uber & Lyft previously settled lawsuits in which passengers allege that their drivers physically or sexually attacked them. Obviously, this implies that the companies are willing to accept some liability for injuries incurred by riders, even when neither the law nor the user agreement indicates that they should.
User agreements are typically required before ridesharing apps like Uber or Lyft can be used. Most users simply agree to these lengthy and complicated legal agreements and do not even notice them.
When users take the time to read the fine print, they will discover that Uber and Lyft cover the majority of their active rides with a $1 million dollar insurance policy. It is important to note that this is $1 million in maximum coverage, not $1 million in guaranteed damages for the driver or passenger.
To the untrained eye, such policies may appear generous and instill confidence. In truth, the majority of injuries sustained in a car accident can be treated with $1 million dollars. Yet this amount is ultimately paid out by private insurers, and they are likely to do everything they can to reduce the amount they pay out.
Those who provide insurance are prepared by attorneys who are experienced in fighting damage claims in court. There are times when they try to shift blame onto others and may even claim some or all of the victim's physical injuries are the result of a pre-existing condition.
There is, however, a solution available to victims who wish to seek legal help, and lawyers are available to fight for maximum compensation based on the damages they have incurred. In order to do just that, Banville Law is ready to assist ridesharing accident victims.
Your legal options will depend on what kind of rideshare accident you are involved in. The insurance company liable for your damages will be determined by this process, as well as the amount of money you can expect to receive for filing a rideshare injury claim. The following are some different scenarios that may encompass a ridesharing accident.
Accident As A Passenger In An Uber - The broad insurance policy that covers all active riders should cover you if you're a passenger in a rideshare vehicle involved in an auto accident. Regardless of whether your driver caused the accident, it still applies to you. There is a strong probability that there are loopholes in the law and lengthy claims processes involved before benefits are paid. That's why you should always contact an attorney.
While riding in Uber or Lyft, if another driver was at fault for the accident, it's likely the other driver's auto insurance policy would apply. It is possible that you will have to file claims under both policies to recover damages since ordinary auto insurance policies are much less (in dollar value) than rideshare policies worth $1 million. This is contingent upon the extent of your injuries and the need for medical treatment.
An Uber Crashes Your Car - You might be covered for damages by the rideshare driver's auto insurance policy if you are driving your own vehicle and an Uber or Lyft is at fault in the accident. If you are injured in a rideshare accident, regular auto insurance policies often do not cover damages, so you should consider hiring a rideshare accident attorney to help you obtain maximum compensation.
Pedestrian Hit By Uber Or Lyft - As a pedestrian, you may be able to make a claim against Uber's or Lyft's $1 million policy if they drive into you when conducting a ride. It is likely that the potential for compensation will be significantly lower when the driver isn't on duty.
In a rideshare accident, it is not explicitly required that an attorney is hired to represent the injured party. Legal representation in such cases is always advisable, however. Filing for insurance claims is one legal process that penalizes individuals for seemingly minor errors, even when their filings are completely justified. And, as mentioned earlier, insurance companies are likely to fight back against claims.
Having an experienced rideshare injury lawyer on your side can increase the chances of a successful claim and securing the maximum compensation. Get started on the path to justice today - contact Banville Law via our 24/7 helpline or by submitting the form on this page.