According to the U.S. safety report from Uber, Uber reported around 97 fatal car accidents and 107 deaths between 2017 and 2018. These accidents involved drivers, passengers, and third parties. If you’ve recently been in a rideshare accident, you may have a right to claim damages either from the company, driver, or a third party.
It may be best to talk to a Ledoux rideshare accident lawyer to know your legal rights and how to claim damages. A Ledoux rideshare accident lawyer understands how to deal with rideshare companies and their insurers. They will help increase your chances of getting fair compensation.
How an Accident Lawyer Can Help You
Accidents involving rideshare vehicles may apply a different claiming process than other types of accidents, including commercial vehicle accidents. The rideshare company may not be liable for your injuries, depending on the circumstances.
If you’re in an accident while using a ridesharing app, a Ledoux rideshare accident lawyer who understands how such claims work can be of help. Your lawyer will investigate the case, gather evidence to help determine liability, and negotiate a fair settlement with the at-fault party.
Your lawyer may need to file a claim against the liable party in some cases. Rideshare accident lawyers work with experts and have enough resources to investigate the matter. This way, you will protect your legal rights and file the claim as per state laws within the deadline.
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Rideshare Companies Liability and Insurance Coverage
Rideshare companies, such as Uber and Lyft, usually offer up to $1 million in liability insurance for car accidents. This coverage can include the driver, passenger, or other rideshare accident victims. However, the insurance coverage or liability is subject to different circumstances and periods, as shown below:
Period 1: When the App Is On
Rideshare companies only consider drivers on duty and include them in the coverage when the app is on. If drivers crash when the app is on, they will be under the company’s insurance coverage and claim damages.
During this period, the rideshare company offers up to $25,000 per accident for property damage, $50,000 per person for bodily injury, and $100,000 per accident for bodily injury. Any pedestrian or driver who sustains injuries from the accident during this period can claim or sue the company for damages.
Period 2: When Picking a Rider
If the driver accepts a ride request and picks up a rider, they are in period two. If an accident occurs during this period, the rideshare company can compensate up to $1,000,000 for third-party auto liability, collision damage up to the car’s actual cash value (including a $2,500 deductible and uninsured/underinsured bodily injury or first-party coverage), and comprehensive contingent coverage.
Period 3: After Picking a Rider
The third period includes the same insurance coverage as period 2. The driver, passage, pedestrian, and any other accident victim who falls under this category may claim damages from the company.
Note that though rideshare companies have proper insurance coverage, there is no guarantee that you will get fair compensation. Hire a rideshare accident lawyer to improve your chances of a successful claim. Your lawyer will help you understand the coverage limits and use accidents reports, medical reports, and other pieces of evidence to support your claim and negotiate fair compensation.
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When the Rideshare Driver Is At-fault
Rideshare drivers are independent contractors. Unlike other commercial transport companies, rideshare drivers use their vehicles and maintain total responsibility. This means they are only working for the company when the app is on and are waiting for a ride request, picking up a rider, or taking the rider to their destination.
If an accident occurs when the app is off, the company is not liable for damages. If you sustain injuries as a passenger, pedestrian, or driver when the rideshare services driver is offline, you can only claim damages from the driver’s auto insurance policy.
Suppose you sustain severe injuries. In that case, the driver’s insurance may not be enough to cover your damages. You can use your medical insurance coverage or sue the driver for out-of-pocket compensation.
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Damages in Rideshare Accident
If you sustain injuries after a rideshare accident and the driver is on duty and at fault, you can claim damages that include:
- Current and future medical expenses
- Lost income
- Loss of future income
- Embarrassment
- Disabilities and Disfigurement
- Pain and Suffering
- Emotional Distress
- Wrongful death
- Funeral Costs
- Loss of Consortium
If the case goes to trial, the judge may also award punitive damages. It’s advisable to work with a rideshare accident lawyer to ensure maximum compensation.
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What to Do After a Rideshare Accident
Like any other car accident, what you do immediately after the rideshare crash can help build or harm your claim. While rideshare companies compensate accident victims if the driver is at-fault, you will still need to prove your injuries or damages before you claim compensation. After the crash, you should do the following:
- Call the police
- Get witness information and statements
- Get driver’s information
- Take pictures of the scene
- Seek medical attention immediately
- Take photos of your injuries
- Contact a rideshare accident lawyer
If you’re unable to collect any evidence or information at the time of the accident, you must get legal help immediately. Your lawyer can help preserve evidence and use it to support your claim.
Remember, states have deadlines for when a victim should file a claim. It’s essential to contact a lawyer immediately after the crash to ensure you file the claim as per the statute of limitations. If you file the claim after the deadline, you will not have a valid case, and hence might not get compensation from the at-fault party.
Let Laborde Earles Injury Lawyers Help with Your Claim
If you’ve recently been in a rideshare accident, don’t waste any more time. Get in touch with Laborde Earles Injury Lawyers to learn your legal options and file a claim as per the law. Your Ledoux rideshare accident lawyer will review your case, gather evidence to determine liability, prove damages, and negotiate fair compensation.
Call us today for a free case review. We charge no upfront fees or costs to get started on your case.
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