Rideshare services like Uber and Lyft provide an accessible alternative to public transportation, but when accidents happen involving rideshare drivers, the legal aftermath can be far more difficult to navigate than after a typical accident. Rideshare companies like Uber and Lyft are required to provide appropriate insurance coverage, and their drivers are required to have their own auto insurance policies as well. Unfortunately, recovering from a rideshare accident can be much more difficult than recovering from any other vehicle accident.
If you or a loved one recently sustained injuries in a rideshare accident as a passenger, determining fault for the crash is the first step in your recovery. The typical recovery process after a motor vehicle accident in the Bakersfield area is a claim against the at-fault driver’s auto insurance followed by a civil claim if insurance alone cannot repay the victim’s losses. Unfortunately, rideshare accidents impose an additional layer of complexity in the form of the rideshare company’s insurance.
The average person is likely to encounter several challenges in their recovery efforts from any kind of vehicle accident, but this is especially true for rideshare accidents. The victim faces the same potentially difficult questions of liability, the challenge of accurately calculating their claimable damages, and the stress of dealing with insurance companies who have no incentive to pay out on claims. When you choose the Law Offices of David Davidi, APLC, to represent you, we will meet these challenges on your behalf and help you reach the best possible outcome for your recovery efforts.
Rideshare companies like Uber and Lyft require all drivers they hire to have auto insurance coverage that meets the state’s minimum requirements. These companies also provide additional insurance protection that fluctuates in the level of coverage it can provide based on the timing of an accident. If you were hurt while riding as a passenger in a rideshare, the highest tier of the rideshare company’s insurance should apply.
When a rideshare driver is not logged into their Driver app and marked as available for a ride request, their personal auto insurance would apply if they caused an accident. Once they are logged in and marked as available, the first tier of the rideshare company’s insurance applies. This would offer $50,000 in coverage for bodily injury liability per person in a single accident, up to $100,000 in total accident liability coverage for a single accident, and up to $15,000 in liability coverage for property damage to pay for vehicle repairs.
The highest tier of rideshare insurance coverage available from Uber and Lyft provides up to $1 million in third-party liability coverage. This might seem like more than enough coverage to manage the aftermath of a serious accident, but it’s vital to know what to expect when it comes to filing your claim.
Most insurance companies will do everything in their power to limit liability and avoid paying out on claims, even legitimate ones. Some insurance company representatives, unfortunately, engage in unethical tactics to preserve their employers’ profit margins, almost always to the detriment of a claimant with a legitimate claim for compensation. When you have an experienced Bakersfield rideshare accident lawyer representing you, they can file your demand letter on your behalf and resolve any conflicts that arise with the insurance company.
When you use a rideshare service like Uber or Lyft, it is vital that you recognize the fact that you face the same risks on the road as you would driving your own vehicle or with anyone else. A few of the most commonly cited causes of rideshare accidents in the Bakersfield area include distracted driving, speeding, moving violations, and other negligent acts behind the wheel. When a driver’s careless or reckless actions behind the wheel cause an accident, but they do not technically qualify for criminal prosecution, the injured driver must prove the defendant was negligent in holding them appropriately accountable for their losses.
Rideshare accidents may also occur because of intentional and/or illegal misconduct behind the wheel. The most common example of this seen regularly in the Bakersfield area is driving under the influence (DUI) of alcohol or drugs. Causing an accident in this manner will lead to criminal prosecution of the at-fault driver, and they will also be responsible for compensating any victims they injured with their actions. In the event that a rideshare driver causes a DUI accident, they will likely be barred from future employment with any rideshare companies, and they will also face the penalties typically assigned to those convicted of DUI.
The first step in your recovery after another driver has injured you in a rideshare accident is establishing liability for the accident. You must identify the driver who caused your accident and then prove their actions directly resulted in your claimed damages. Your Bakersfield rideshare accident attorney will be crucial for this. They will assist you in gathering evidence such as traffic camera tapes, cell phone records, and more to firmly establish fault for your accident.
Every state upholds different laws pertaining to negligence and establishing liability for damages in a civil case. In the state, the pure comparative negligence rule applies. This means that whenever a plaintiff bears any partial responsibility for causing their claimed damage, they can recover compensation for this damage. However, their compensation will be diminished to reflect their shared responsibility for causing their claimed damages. For example, a plaintiff found 30% at fault would lose 30% of their final compensation.
An experienced Bakersfield rideshare accident attorney is the best asset to have on your side when you must prove another driver’s negligence caused your recent rideshare accident. If the at-fault driver attempts to assert any kind of fault, your attorney will know how to counter their claim or minimize their client’s fault percentage. If you were injured while riding as a passenger in either the rideshare driver’s vehicle or another vehicle struck by the rideshare driver, it is highly unlikely for you to be found partially to blame for the accident.
State law enables the plaintiff in a personal injury suit to hold the defendant accountable for all financial losses the plaintiff experienced because of the defendant’s actions. A successful insurance claim may cover some of your damages or all of them if liability is clear and your total damages are relatively mild, but serious accidents can easily lead to a host of catastrophic injuries, some of which can be life-changing or fatal.
Your Bakersfield rideshare accident attorney will be invaluable for proving the full extent of your immediate and future losses resulting from the accident you experienced. Claimable economic damages in most personal injury cases include:
After calculating the full scope of the available economic damages in your claim, your Bakersfield rideshare accident lawyer can then assist you in securing compensation for the pain and suffering you experienced. This type of compensation is typically far greater for plaintiffs who have suffered catastrophic and life-changing injuries, but a good attorney will help their client maximize this aspect of their recovery by demonstrating the scope of effects the plaintiff has experienced.
The Law Offices of David Davidi, APLC, can offer the compassionate and meticulous legal representation you need on your side to approach a complex rideshare accident case with peace of mind. If you are ready to learn how an experienced Bakersfield rideshare accident attorney can help you recover, contact us today and schedule your free consultation with our team.