Rideshare accidents have become increasingly common with the saturation of rideshare drivers on services like Lyft and Uber. There are small differences in the legal process behind injury claims for rideshare accidents that might intimidate injured people. At Belgum, Fry & Van Allen, we strive to make the process of filing a claim as simple as possible. Let one of our Pomona rideshare accident lawyers help you achieve a recovery with minimal losses and legal support.
Rideshare accidents, like other car accidents, are matters of personal injury. If you are a passenger in a rideshare service, you likely will not file a property damage claim for the vehicle you are in but for your own property.
Personal injury claims are used to collect compensation for the financial burdens of an injury, including costs for immediate medical treatment and ongoing care. These can be difficult to calculate without legal experience, and you should entrust this task to a seasoned Pomona personal injury lawyer.
Typically, there are two kinds of losses you can request compensation for after an accident. Economic losses are those with easily calculable financial value and can include:
The other type of loss you can request compensation for is non-economic loss. This may be more challenging to calculate because these losses are not always directly reflected by financial costs.
Common non-economic losses after a rideshare accident include:
Both loss types can be calculated through a scrutinous collection of evidence, witness testimonies, and input from medical professionals. Gather as much documentation as you can regarding any medical expenses and treatment plans you may follow. If you are seeking compensation for non-economic losses, refer any key witnesses to your behavioral changes to your attorney.
In California, the amount of compensation you can collect from a personal injury claim correlates to the percentage of fault you had in causing the accident. This is known as comparative negligence. California follows a pure comparative negligence rule, which allows compensation to be collected by a claimant who is up to 99% at fault for the accident.
Under this rule, however, the more fault you are found to have in the accident, the less you are allowed to collect in compensation. Someone who is found to be 70% at fault for an accident may only collect 30% of the damages they are requesting.
With normal car accidents, liability is usually held by drivers. Rideshare accidents have the potential for liability to be placed with the rideshare companies as well, even though the circumstances for this are more specific.
If an Uber or Lyft driver gets into an accident after they have accepted your ride on the app, you can collect compensation from the respective rideshare company’s insurance policy. On the other hand, if the driver did not accept the ride and was not active on the app, they must compensate you directly using their personal insurance policy.
In the case that the driver’s app is open but they did not accept the ride, liability may be split between the company’s insurance policy and the driver’s insurance policy. Of course, this is if the driver of your rideshare is at fault for the accident. For accidents that are caused by other drivers, both you and your rideshare driver may seek compensation from the insurance company of the driver who is at fault.
A: Usually, rideshare companies such as Uber handle car accidents if they occur while their driver is on the app and accepts the ride. If these are factors in a rideshare accident, injured people are covered by the company’s insurance policy, which typically has a much higher threshold for coverage than personal insurance policies. The company has access to GPS data for the rides to collect evidence that may support the liability of the driver rather than the company.
A: In a rideshare accident in Pomona, you can seek compensation from the liable party or parties for the injuries you sustained. This can be the rideshare driver, the rideshare company that employs them, or another driver who was at fault for the accident. It is important to determine liability as soon as possible to have success in your claim.
A: In Pomona, many personal injury lawyers, including rideshare accident lawyers, charge a contingency fee for their services. This means clients do not have to worry about paying upfront costs and will only need to pay their lawyer if they secure compensation for their damages. Usually, a lawyer working on a contingency fee basis receives a percentage of all compensation awarded.
A: The statute of limitations for filing a claim after a rideshare accident in California is two years from the date of the accident and when you became injured. The exception to this rule is if an injury that resulted directly from the accident did not immediately manifest and you discovered it after the accident.
If you have been in a rideshare accident in Pomona, CA, reach out to Belgum, Fry & Van Allen today to schedule a consultation with a skilled Pomona rideshare accident lawyer. We can walk you through calculating compensation, filing a claim, and complicated legal processes to help you secure the compensation you need to recover from your injuries.