Rideshare services allow passengers an alternative method of travel and drivers a new source of income. They also further open you up to the possibility of car accidents even when you are not driving. If you are injured during a ride with a service like Uber or Lyft, you may be able to collect compensation for your injuries, whether your driver or another was at fault. A West Covina rideshare accident lawyer can guide you through filing a claim and calculating damages.
After any car accident, there are usually two types of claims you can file: personal injury and property damage. Unless you had expensive property on you while you were a passenger in a rideshare trip, you do not need to handle property damage claims, as the vehicle’s driver must handle that claim.
With a personal injury claim, you may be eligible for compensation to cover the following:
It is important to make reasonable requests for damages so as not to have your claim dismissed by a judge as excessive. A rideshare attorney can look at your financial burden and help you calculate a number that is both feasible and satisfies your needs during recovery.
Damages for rideshare accidents can be paid by the party who was liable for the accident. In some cases, liability does not lie with only one person or driver but rather with multiple parties in varying capacities. Establishing liability is crucial when demanding payment for a personal injury. Fault can also affect how much of your requested damages are paid.
For many car accidents, only the drivers are capable of being liable for an accident. When it comes to rideshare accidents, however, the rideshare company may also be liable if they did not correctly screen the driver for a history of reckless driving. Companies may still compensate for damages even if they were not liable for the accident as long as the accident occurred after the driver accepted your ride. Companies often have much more coverage than individual drivers.
Once you have calculated the amount of damages you are requesting, you must be able to prove fault for the accident. Due to California’s pure comparative negligence rule, the percentage of damages that are paid back to you is directly dependent on who was at fault for the accident.
As a passenger, you are typically not the person at fault for the accident; however, insurance companies are often reluctant to make large payouts and may try to disprove their drivers’ fault.
California’s pure comparative negligence rule dictates that the more fault you have in causing the accident, the less you can receive in compensation. For example, a person who is found to be 30% at fault for an accident can only collect 70% of the requested compensation. It is important to collect as much evidence as possible so that liability is easier to prove and to avoid lengthy court disputes.
It is important to document as much as you can at the scene of the accident. Once all parties have been moved to safety, assess and take photos of any damages and injuries. Collect contact information from all involved parties and any willing witnesses. Police must be contacted if the damage is excessive or if anyone is injured.
After the accident, seek medical care for any injuries you may have sustained. It is good practice to see a medical professional even if you feel unharmed following an accident. Some conditions may not manifest immediately, but they may still be included in your claim if they were directly caused by the accident. Hold on to all medical documentation, such as prescriptions, treatment plans, and bills.
The statute of limitations for personal injury claims is two years from the date of your injury. To maximize your chances of success in your claim, contact a rideshare accident lawyer as quickly as possible.
A: You must report any car accident to the police immediately if people are injured in any capacity or if there is serious property damage. Damage to vehicles is typically handled by the vehicles’ drivers and not by passengers. The statute of limitations to file a personal injury claim after the accident is two years following the date of the accident, but you should not wait. Contact a lawyer straight away to put together your claim.
A: If your rideshare driver hadn’t accepted your ride when they got in an accident, your injuries may not be covered by the rideshare company’s insurance policy. Instead, the driver must use their personal car insurance to compensate you for your injuries. Depending on the details of their policy, their maximum coverage may be significantly less than that of the rideshare company.
A: You can file claims against your rideshare driver if they crash while you are a passenger. You must be able to establish their fault for the accident in West Covina, CA. Even then, depending on the driver’s status on the rideshare app they are using, it may be the company that compensates you for the damages you request rather than the driver.
A: If you damage a rideshare vehicle in an accident that was your fault, the driver can file a claim against you for property damage. Any personal injury claims that the driver decides to file would also be covered by your insurance policy. It is important to know the details of your specific insurance policy to protect yourself against claims for damages.
If you have been involved in a rideshare accident, do not hesitate to obtain representation for your legal claims. Car accident cases involve many moving parts, even without the added factor of a rideshare company’s policies. An experienced lawyer from Belgum, Fry & Van Allen can help you make sense of complicated legal processes and insurance practices. Contact one of our attorneys today to schedule a consultation.