California Uber accident attorney David Woolf is a personal injury lawyer who represents victims who have been hurt by Uber drivers. Generally, this happens in a car accident involving a ridesharing driver. With a lawyer’s help, victims can maximize the settlement offer they receive from the driver’s insurer. They can also pursue the compensation they deserve in a personal injury lawsuit.
What is a rideshare accident case?
A rideshare accident case is a personal injury claim stemming from an incident involving a driver from a ridesharing company, like Uber. Most of these incidents are car accidents. However, some of them involve criminal activity by the driver, like an assault or a sexual assault. All of these cases demand compensation from the negligent or liable party.
The potential victims in an Uber accident claim include:
- passengers in the Uber vehicle who have been hurt in a car accident,
- motorists or occupants in other vehicles hurt in a car crash,
- pedestrians hit and hurt by the Uber driver,
- victims who have suffered property damage at the hands of an Uber driver, like if the driver hit their parked car, or
- Uber passengers who were assaulted by the driver.
The victims can demand compensation from the Uber driver and from Uber, itself.
Car accidents
Most Uber accidents in California are car crashes. Auto accidents that were caused by a ridesharing service vehicle are more complicated than those involving normal passenger vehicles. The insurance coverage in these cases can be complex.
Uber requires all of its drivers to carry personal auto insurance that meets their state’s minimum requirements. Additionally, Uber provides liability insurance to cover the costs of accidents caused by their drivers. However, the limits of Uber’s insurance policy depend on what the driver was doing, at the time of the accident. It is $1 million when the driver was en route to pick up passengers or to drive those passengers to their destination. This also includes uninsured motorist bodily injury coverage. However, it is much lower when the driver is on the Uber app but does not have a ride request.
In some cases, it is unclear what the driver’s status was on the Uber app. The difference can determine whether the accident victim will get fully compensated or not. The driver’s personal insurance policy may be insufficient, especially if the victim needed extensive medical treatment. An experienced Uber accident lawyer from a reputable personal injury law firm can help.
Assaults
Some cases involving Uber drivers stem from misconduct or even criminal conduct by the driver. In these cases, an Uber accident attorney can help the victim hold the company liable for negligently hiring the offending driver. In some cases, the assault may have been avoided with a background check.
What kind of compensation is available?
Victims in Uber accidents are entitled to recover financial compensation for all of their legal damages. These damages encompass all of the ways that they have suffered from the accident. In most cases, they include:
- medical bills,
- compensation for the medical expenses of reasonably anticipated future care,
- reduced earning capacity, if the accident caused injuries that will prevent the victim from making money, in the future,
- wages lost due to the accident and the victim’s recovery,
- pain and suffering,
- mental anguish,
- loss of consortium for the victim’s family, and
- property damage.
In some cases, the victim may even be entitled to punitive damages. These aim to punish the Uber driver or Uber, itself, for egregious conduct. It is rarely awarded in a vehicle accident case, which tend to be caused by the driver’s negligence. However, it may be an option if the victim was assaulted by his or her driver.
If the accident was a fatal one, the compensation can be different. A car accident lawyer can help the victim’s loved ones file a wrongful death claim.
Do I have to rely on the Uber driver for compensation?
Not necessarily. Uber provides liability coverage for its drivers. However, that coverage only applies if the driver is on the Uber app at the time of the accident. If the driver of the rideshare vehicle was not using the app to get passengers at the time of the crash, the victim have to rely on the driver’s own insurance company for compensation.
Unfortunately, Uber’s legal team has taken numerous steps to distance the company from its drivers. This is done to protect the company from liability in as many ways as possible. For example, by insisting that drivers are independent contractors, it insulates the company from vicarious liability. This can make it more difficult for a personal injury attorney to recover compensation for injured victims from Uber.
How can an Uber accident lawyer help with my personal injury claim?
There are 2 ways that an experienced rideshare accident attorney can help victims in California. They can:
- increase the settlement offers made by the liable party’s insurer, and
- file a personal injury claim, if no settlement offer is adequate.
After the accident, an insurance adjuster will approach the victim and make an initial settlement offer. While it may look enticing, this offer will drastically undercompensate the victim. Having a lawyer at this juncture is essential. It is the best way for victims to understand the value of their case. This will help them see whether the settlement offer is a fair one or not.
Once the victim has established an attorney-client relationship with a rideshare accident lawyer, these settlement offers tend to increase. The insurer sees that the victim knows his or her rights and means business. Both the victim’s lawyer and the insurance company will investigate the accident. As they uncover evidence, the settlement amount may rise or fall.
As the statute of limitations approaches, an Uber accident attorney can help the victim file a personal injury claim against Uber and the driver that caused the accident. This personal injury case is a formal demand for compensation. A trial date will be scheduled. This puts a deadline on settlement talks. If no settlement is reached, your lawyer will present the case for compensation to the judge and jury. Their verdict will end the case.