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Were you injured in Lawrenceville, GA or its surroundings? Our lawyers can help you recover from your losses. We have decades of combined experience handling local personal injury cases.
Having a local car accident lawyer with experience with and knowledge of the actual value of your case is vital to ensuring you receive the most compensation possible for your injuries.
Our award-winning personal injury lawyers know the best way to go up against insurance companies because we used to work with them and use that experience to help you win.
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When you’re a passenger in an Uber or Lyft, you have expectations of safety during your journey. Unfortunately, accidents do occur, leading to injuries and financial losses resulting from a rideshare driver’s negligence.
If you get injured while taking an Uber or Lyft, it is important to know your rights when seeking compensation for damages. You may be eligible for reimbursement of expenses such as lost wages, pain and suffering, and medical costs for prior and future treatments.
With the guidance of an Uber/Lyft attorney from Spaulding Injury Law in Loganville, you’ll have a good opportunity to receive the money you need for a fair settlement.
Establishing Responsibility in Rideshare Accidents
Determining liability in an Uber or Lyft accident claim requires establishing negligence. This involves proving that the driver’s careless or reckless behavior directly caused your injuries and/or damage to your vehicle.
As a passenger or another driver, it is important to gather evidence demonstrating that the rideshare driver, if applicable, was at fault. If someone hit the rideshare driver and you were a passenger, then the rideshare company’s insurance should be able to cover you.
However, the best way to learn more about your rights is to speak to an Uber and Lyft personal injury attorney. Rideshare claims can get complicated, as lawyers and litigants have to go over a lot of details.
For instance, if you sue an Uber driver for hitting your car, you’ll need to find out if the driver was on the clock. If they were off the clock or traveling without a passenger, you’ll need, in most cases, to file a claim with the driver, not the rideshare company.
However, if the rideshare driver was transporting a passenger at the time of the wreck, then you can negotiate a claim through the rideshare’s insurance provider. For instance, Uber’s $1,500,000 policy may apply to your accident and any resulting injuries.
If you’re an Uber or Lyft passenger, you should also be covered by the rideshare’s insurance company. In these situations, you’ll file a claim against the rideshare company instead of the driver.
Rideshare companies have a responsibility to conduct background checks. Failing to do so can be considered negligence.
For instance, Lyft requires background checks for drivers and performs regular monitoring of their drivers’ criminal and driving history. They reserve the right to disallow a driver from working if they come across a disqualifying offense.
Background checks for Uber drivers may be stalled if the company has trouble verifying a driver’s driver license history. Uber drivers must have a driver’s license for one year if they are 25 years old. If they’re younger, they must have held their driver’s license for three years to apply to the company.
Building a Compelling Rideshare Case
To strengthen your rideshare case, you need to produce evidence in the form of the following:
- A police report
- Videos and pictures of the accident site
- Medical reports and bills
- Witness accounts
Even if you sustain what you think is a minor injury, you should still see a doctor as you might experience medical problems later. Keeping records of tests, treatments, and medications is just as important as documenting lost wages or noneconomic losses like pain and suffering.
For instance, you may need to obtain letters from your employer to confirm the days you missed work or the impact the accident had on your job performance. Similarly, letters from professors may be used to verify missed classes or assignment deadlines. All this type of proof is necessary to establish credibility and to determine a settlement.
Calculating Damages in Injury Claims Involving Rideshare Services
To seek compensation for damages after being involved in an accident with Uber, Lyft, or any other ridesharing service, it is necessary to calculate the expenses resulting from the crash. Let’s look at these costs more closely.
- Medical bills. These expenses encompass costs such as emergency room visits, hospital stays, physical therapy sessions, and medication expenses. It is important to obtain records from your health insurance provider indicating which expenses were covered by them as well as any out-of-pocket costs that you personally incurred.
- Lost wages. If your injuries caused you to miss work for a specific period of time following the accident, you need to figure out how much it costs. Providing pay stubs, W-2s (tax forms), and, again, a letter from your employer will help support your claim.
- Property damage. This expense includes repair or replacement costs for both your vehicle and any personal belongings that were damaged in the accident.
- Physical pain and suffering, and emotional distress. While these damages may be challenging to prove, they are still eligible for compensation. Keeping a journal or providing copies of bills for psychological counseling can help you support your claim.
When determining an appropriate settlement amount with your attorney, you’ll need to account for the severity of your injuries as well as for the future costs of rehab or the future loss of income.
Steps in Negotiating a Rideshare Insurance Claim
Most rideshare cases can be settled outside the courtroom by taking the following steps. If you reach an impasse with an insurance company, your lawyer will take your case to court so it can be settled in the most equitable way.
Writing a Demand Letter
To get the legal process started, your lawyer will typically address a demand letter to the rideshare company. It will detail the specifics of your case, including the extent of your injuries and the damages and settlement amount that you’re requesting.
Usually, your attorney will try to negotiate the matter so it can be handled outside the courtroom. Copies of the evidence will be used to support the correspondence.
Negotiating with the Insurance Company
In many cases, the insurance provider for the rideshare company will manage the discussions for reaching a settlement. Your lawyer will stand ready with a possible counteroffer during the process.
You don’t want to accept the first amount if it won’t fully cover what you need in damages. You have the right to negotiate or pursue the claim in court if necessary.
Accepting a Settlement Offer and Signing a Liability Release
Once you agree on a settlement amount, you’ll have to sign a release of liability. This document relinquishes any future claims associated with your accident in exchange for the settlement payment.
By working with an attorney, you can go over the agreement and make sure you understand all the terms outlined for receiving the settlement check.
Contact a Rideshare Attorney If You Have a Rideshare Claim in Loganville
Once more, it pays to contact the Spaulding Law Firm about your rideshare claim. Your attorney will thoroughly investigate all the details around your accident so you can see what to expect with regard to fault and liability. Time is of the essence, so take action now to receive the justice and the compensation you deserve and need.
Visit Our Loganville Uber & Lyft Accidents Office
We help victims inside the Gwinnett County Area and our firm is conveniently located near Loganville. We have an office in Lawrenceville at 223 Scenic Hwy S #202 Lawrenceville, GA