Using ridesharing vehicles for transportation is quite common today. It provides people with a convenient way to get around if they only have one vehicle, or even when they have a car getting repaired. However, when you are a passenger in an Uber, you are at the mercy of the driver. When an accident occurs, it can be distressing. If you’re unsure how to handle an Uber accident, talking to an attorney can settle your fears. An Opelousas Uber accident lawyer can provide the guidance you need to recover whatever personal injury losses you’ve incurred.
Common Injuries Uber Accidents
An Uber accident can result in numerous injuries to the driver and passengers. Many factors determine how serious the accident will be and what type of injuries you will have. Some of the factors include how fast the vehicles were going at the time of the wreck, how the cars collided, whether any other objects were struck, and if the vehicle flipped or rolled during the accident.
No matter what type of Uber accident you were in, injuries can range from minor to fatal. Some injuries may be long-lasting, affecting the quality of your life. Some of the injuries you may have include:
- Concussion or neck injuries
- Broken bones
- Whiplash
- Spinal cord injuries
- Head injuries, including traumatic brain injury
- Shoulder injuries
- Cuts, bruises, and burns
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Recoverable Damages in an Uber Accident
A personal injury claim allows the person injured to seek compensation for a variety of damages. These are economic damages, non-economic damages, and punitive damages. Punitive damages are only sought if the other party acted with malice or extreme gross negligence.
The economic damages are losses you incur monetarily from being injured. These include:
- Medical expenses
- Income loss
- Disability payments
- Other monetary losses due to the injury
While these may be the initial losses you think about when getting into an accident, there are other losses that are just as critical. Non-economic damages refer to the pain and suffering you experience from an accident. It also can include damages like the reduced quality of life and a loss of consortium. These non-economic damages are harder to put a price on, but an attorney uses a special calculation to determine the amount to negotiate for.
Methods Used by Lawyers to Calculate Claims
One method is the multiplier method. This consists of adding up all the economic damages and multiplying that number by a multiplier (between 1.5 to 5) that represents the severity of the pain and suffering. The worse off you are, the higher the multiplier is, but most of the time they use 3. For example, if the total amount of your medical bills and lost income is $7,500, and they use 3 for the multiplier, then the pain and suffering damages would be $22,500.
The second method is referred to as per diem, and it consists of estimating the number of days you will be affected by the accident and multiplying that by the average amount you earn per day. For example, if you make $50,000 a year, the average daily amount would be $137. If you anticipated the pain and suffering would last for six months, then the total amount for non-economic damages would be $24,660.
An Opelousas Uber accident lawyer can advise about which method is the best one based on your situation. We can help with negotiating with the other party.
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Statute of Limitations
You will also need to be aware of the state’s statute of limitations (CC Art. 3492). This law indicates the deadline for filing your accident claim. The Louisiana Civil Code section 3492 says that the state’s statute of limitations allows claimants one year from the time of the accident to make a claim.
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Insurance Claims in an Uber Accident
The first step in recovering damages is to find out who was at fault and work with the insurance companies to recover damages. Since you were a passenger and not a driver, you would think this would be easier to handle. An Opelousas Uber accident lawyer can guide you through the paperwork process and ensure that the proper insurer is notified.
All Uber drivers not only carry their own car insurance but they are also covered by Uber’s insurance. The insurance covers passengers up to a certain amount, which may or may not be adequate to cover your personal injuries. That’s why it’s helpful to have a lawyer to manage the negotiations and paperwork involved with getting the recoverable damages.
Sometimes, an insurance company may want you to sign a document agreeing to terms, but you should consult with an attorney first to ensure your rights are protected.
If the Uber driver wasn’t responsible for the accident, then the attorney would negotiate terms with the other driver’s insurer. They would seek damages through a third-party claim or file a personal injury claim.
If the insurance company is not cooperative or denies responsibility, your lawyer may try to seek damages from Uber company directly.
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Get Help with an Opelousas Uber Accident Lawyer
Begin recovering damages from your accident involving an Uber driver by reaching out to an Opelousas Uber accident lawyer. You can receive a free case assessment from Laborde Earles Injury Lawyers, who have assisted clients for decades.
At Laborde Earles Injury Lawyers, an attorney will take over the complex legal work while you recuperate and look toward the future. They are ready to take on your case on a contingency plan arrangement. There are no fees or upfront costs when you need guidance. Contact the office and schedule a free case evaluation today.
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