Uber and other rideshare services have changed the way we travel. We no longer have to call friends and family for rides or stand on the curb competing for a passing taxi. Now, it’s a simple matter of firing up the Uber app on your smartphone, requesting a ride, and watching as it heads your way.
Although this type of ridesharing service has made travel more convenient than ever, an Uber is like any other vehicle in that you can get into an accident. However, pursuing compensation is generally different in these cases, which is why you should retain an Uber accident lawyer.
Moaddel Kremer & Gerome LLP is a full-service Los Angeles personal injury law firm committed to helping Uber accident victims across California. The attorneys at our firm have years of experience handling complicated car accident cases. We keep up with the latest laws and regulations that may affect your Uber accident case and will do everything we can to get you the monetary compensation you deserve. Call today to schedule your free initial consultation!
Liability in a Los Angeles Uber Accident
In this state, you have the right to seek fair compensation from anyone who contributed to your car accident and injuries. This might include the following parties if any of them were negligent.
The driver of the rideshare vehicle
The driver of another motor vehicle
A bicyclist or pedestrian
Government agency (if, for example, a public transit vehicle was involved)
Under California’s comparative negligence rules, liability is apportioned among all of the parties responsible. Hence, you can sue anyone whose negligence, carelessness, or default caused you to get injured. If the driver was at fault, however, things can get complicated because the party responsible for compensating you will depend on how they were using the app when the crash occurred.
Let’s look at and explain some scenarios below.
The Uber Driver Wasn’t Logged into the App
If an Uber vehicle hits you, you can only claim compensation from Uber’s insurance company if the driver was working. Uber will likely deny liability if they were not logged into the app, so you will have to approach the driver or their insurance provider. If you have auto insurance coverage, you can also file a claim with your own insurer to get compensation for your injuries and property damage.
The Uber Driver Was Logged Into the App, But Hasn’t Accepted a Ride Request
If the Uber driver is logged into the Uber app and waiting for a ride request, their insurance coverage will still be your primary source of compensation. If your monetary damages are greater than what your insurer can cover, you can file a legal claim for benefits under Uber’s policy, which covers bodily injury of $50,000 per person or $100,000 per accident as well as up to $25,000 in property damage.
The Uber Driver Has Accepted a Ride Request and/or Has a Passenger in the Car
Once the driver accepts a ride request, Uber’s $1 million insurance policy takes effect. It covers monetary damages that occur from the moment the ride request is accepted until the passenger leaves the vehicle.
Uber and its legal counsel may do whatever it takes to deny responsibility and liability. Like other rideshare companies, it often takes the position that since their rideshare drivers are independent contractors, the company isn’t legally liable if they cause an accident. You can level the playing field by hiring an experienced lawyer who can put you in the best position to win your case. Call our Los Angeles rideshare accident attorneys for help today.
Compensable Damages in an Uber Accident in CA
As your Uber accident lawyers, we will identify your losses, collect evidence of your injuries, determine what your case is worth, and pursue a monetary settlement or award on your behalf. This might include money for:
If you were involved in an accident while in an Uber or Lyft vehicle, taking the following steps can help you preserve your right to financial compensation.
Report the Accident to the Police: Call the police immediately if you’re in an accident. Once they arrive, they will create an accident report and record important details about it. If you decide to file a personal injury lawsuit or injury claim, your lawyer can use the police report as part of their investigation.
Contact Uber: You may need to seek compensation from Uber’s $1 million insurance policy, but if there is no formal record of your accident, the insurance provider may fight your claim.
Document the Accident: Take pictures of the Uber, any other vehicles involved, and the accident scene itself. These images may contain important details that you don’t immediately notice or appreciate.
Get Contact Information for Witnesses: Talk to witnesses or other passengers and get their contact details so that your Uber accident lawyer can follow up.
Seek Medical Attention: Go to the emergency room or see your doctor for medical care, even if you have no visible injuries. Some serious injuries, including traumatic brain injury, don’t always manifest symptoms right away.
Contact an Accident Attorney: An experienced attorney can collect medical records and evidence, handle all negotiations with the insurance company or companies, and prevent them from minimizing the value of your personal injury claim.
Why Should I Call a Los Angeles Uber Injury Attorney After My Accident?
An Uber accident can cost you more than you anticipated. Your injuries could affect you for years to come, so you should pursue maximum compensation for all your damages, such as medical expenses, lost wages, lost income, and emotional distress.
Getting that financial recovery won’t always be easy. There may be multiple parties involved, such as the driver, Uber itself, negligent third parties, and several insurance companies. Chances are that they’ll all attempt to minimize or avoid liability for your injuries. An experienced personal injury attorney will fight to maximize your compensation and hold all liable parties responsible so you can recover physically, emotionally, and financially.
When Do I Have to File an Uber Accident Lawsuit in California?
If you’re injured in an Uber crash in California, you won’t have an unlimited amount of time to ask for money. Generally, the statute of limitations is two years. If you don’t file an Uber claim within that time period, you will probably lose your right to pursue full compensation.
You may be concerned about dealing with large insurers that will try to pay you a lot less than you deserve or even deny your claim without a legitimate reason. When you call a Los Angeles Uber accident lawyer at our law firm, we will refuse to settle for anything less than your case is worth.
Call Our Uber Accident Lawyers For Help
Are you struggling with an injury after a motor vehicle accident involving an Uber? Call Moaddel Kremer & Gerome LLP for immediate assistance. If you are entitled to compensation, we will do everything in our power to maximize it. We will also handle the legal aspects of your case while you focus on getting well.
Our Uber accident attorneys represent clients in and around Los Angeles, Beverly Hills, Highland Park, and Woodland Hills, so contact us to schedule a free consultation today.
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