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How to Make a Claim Rideshare Accident
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Can I Sue Uber or other Rideshare as a Passenger?
What if you are an uber or other ridshare accident passenger? Passenger’s injured in uber car accidents, in essence, have more rights than anyone else who might have been injured. This is because, with few exceptions, the uber passenger is 100% not at fault! This makes logical sense. Think about some common uber car accident claim scenarios:
- The uber driver may be sitting idle at a red light when another vehicle rear ends the uber car. In which case the uber car accident would be deemed the fault of car doing the rear ending – not the uber car accident passenger.
- The uber driver may him or herself be driving carelessly, perhaps paying too close attention to the uber app that is not at eye level, and fail to notice traffic causing an accident. An uber driver may run a red light or stop sign causing an accident, etc. In any of these cases the uber driver, not the uber car accident passenger, would be deemed at fault.
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Types of Damages from Uber or other Rideshare Accidents
If you’ve been in an Uber or another other rideshare accident, the first thing you should do is seek medical attention—even if you don’t notice any visible injuries. You may find out that you have a more serious injury that
didn’t present itself right away. Accidents involving an Uber can result in severe injuries. On top of that, you might not be able to work for some time, leaving you with no income to pay your medical bills or other accident-related expenses. Generally, automobile accidents, including those involving an Uber, are caused by the negligence of either your Uber driver or a third party. This could involve a number of behaviors, but whatever the cause of the accident, the negligent party did not uphold an expected duty of care to drive safely and responsibly. Because of this, you may be entitled to seek compensation for damages. Damages might include:
- Medical bills
- Property damage
- Lost wages and work benefits
- Pain and suffering
- Wrongful death
- Diminished earning capacity
- Hospitalization
- Emergency room services
- Disfigurement
- Temporary or permanent disability
Every individual’s experience is different, but this list gives a general idea of what types of damages can be sought after. As aggressive Uber accident lawyers, we believe negligent parties should be held accountable, and you can rest assured that we will fight to get you the compensation you deserve.[/vc_column_text][vc_column_text]
File Your Uber Accident Case Within the Statute of Limitations
Being involved in an Uber car accident as a passenger can be traumatic, especially if you are left with serious injuries and mounting medical bills. It is imperative that you speak with a skilled Uber accident lawyer as quickly as possible in order to receive the maximum amount of compensation—this must be done within California’s statute of limitations. In California, the time limit in which a car accident case can be filed is two years after the date of the accident. The statute of limitations for a wrongful death claim is also two years after the accident. Uber accidents can be complex and the insurance claims can be slow, which is why it is imperative to speak with an attorney soon after the accident in order to protect your legal rights to compensation and file within the time limits. It’s also important to keep in mind the possibility of other time limits you may be subject to, including individual insurance companies’ claim limits, filing a police report, and notifying Uber of the accident. Failing to meet these limits may prevent you from collecting compensation.[/vc_column_text][vc_column_text]
Who Pays for an Uber Car Accident Passenger’s Injury Claim?
According to Uber, in the event of an accident, drivers are advised to call the police and paramedics as soon as possible. The Uber driver would then report the accident through the Uber app. Rideshare companies like Uber and Lyft are required to carry liability insurance covering bodily injuries and property damage. Uber specifically has a $1 million policy for eligible passengers, motorists, pedestrians, bicyclists, and motorcycle riders. A passenger, however, would submit a claim to their own PIP (personal injury protection) insurance first. Generally, under a passenger’s no-fault/PIP insurance, they would receive 80% reimbursement for medical bills up to $10,000, subject to certain restrictions. The 20% that PIP does not cover, along with any additional medical expenses, lost wages, or pain and suffering, would be submitted to the at-fault driver’s insurance or Uber’s policy. However, a passenger may be entitled to compensation for damages that exceed coverage under any one of these policies. To build the strongest possible personal injury case, you’ll need experienced representation from an Uber accident lawyer.[/vc_column_text][vc_column_text]
What if the Uber driver is at fault in causing the accident and uber passenger’s injuries?
First the uber car accident passenger would still file a claim with their own personal-injury protection (PIP) coverage, if any. Similar to what I described above. The second part of the claim would be submitted to James River Insurance company (the company that affords up to $1 Million Dollars in coverage for Uber). Finally, if the uber passenger, injured in a car accident, had a very serious injury or wrongful death claim, they (or their estate) would be able to bring an injury claim against the uber car accident passenger’s under-insured motorists policy, if any.[/vc_column_text][vc_column_text]
Can’t a personal injury attorney go after the at-fault driver personally?
Technically yes, but uber injury attorney’s recognize that, in the vast majority of uber car accident claims, the $1,000,000 in coverage will be more than enough. Furthermore, bringing a case against an individual and collecting on that individual is easier said than done. Unless the at-fault driver has significant assets (that aren’t already asset protected) it is likely that a judgement against them will go uncollected. The collections process can be long and expensive. Our job, as personal-injury attorneys, is to get our client’s the most money (that they deserve) in the most efficient way possible. If you are an uber passenger involved in a car accident, please seek medical attention and then call an experienced uber car accident lawyer to discuss your rights in more detail.[/vc_column_text][vc_column_text]
Your Uber or other rideshare Accident and Personal Injury Lawyer – contact Sodhi Law Group today.
The Sodhi Law Group is a highly successful law firm located in Modesto, California. We specialize in Criminal Defense, Civil Litigation, Personal Injury, Contracts and Transactions, and many other legal services. Jak Sodhi, Ameet Birring, and their team of professionals offer more than 20-plus years of legal experience and over 90% successful court cases since 1999*.
This blog does not create an attorney-client relationship. This blog is legal information and should not be seen as legal advice. You should consult with an attorney before you rely on this information.
Have questions? Contact Sodhi Law Group at http://sodhilawgroup.com/ or (209) 263-4820. Also, follow us on FaceBook today. Or fill out the form below.
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