If you’re a passenger in Lyft/Uber, and you were injured in a car wreck, there are insurance policies designed for such situations. These policies have liability coverage of $1.25 million, so it seems as if there shouldn’t be any issues. Unfortunately, there are some issues that can arise.
One issue is determining whether the driver was on or off duty at the time of the wreck. You’ll need this information in order to know if the driver was accurately logged into their account and had you on the account as their rider. Such facts will help to determine the amount of coverage that you’re qualified to receive. If there are questions regarding coverages, you’ll want to be prepared for pushback by the rideshare company itself with a Buffalo Uber accident lawyer.
Another concern is that there are sometimes situations where damages are in excess of the limits of the policy. Especially when there are multiple passengers or multiple parties in the accident. The amount of $1.25 million can rapidly be depleted due to injuries and recovery if there are multiple persons involved. If the driver was negligent or even reckless, it may be depleted even more quickly. In such situations, you and the other parties may be required to pursue other reasonable costs via the at-fault driver’s policy. If you have been in a ridesharing accident and require help going through the complex legal process contact a Buffalo car accident lawyer at Cellino Law.
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What Drivers Need To Know If They’re Hit By A Lyft/Uber Vehicle
Whenever there is a wreck, the police should be contacted and a report will be prepared regarding the incident. Contact emergency services should anyone’s injured require medical attention. It’s vital to get medical care as quickly as possible. Take pictures of the scene of the wreck from several angles and collect information from other passengers, drivers, and witnesses.
If you’re hit by a rideshare driver when you’re driving, you deserve proper compensation for your injuries. In order to receive the compensation, you’ll have to show the liability of the other driver and what was going on at the time of the wreck. What they were doing will help to determine the amount of compensation that you’ll receive so you’ll need to be very detailed. It’s not unusual for Lyft and Uber to lowball the dollar amount for your compensation and recovery. Don’t fall for this. Retain a rideshare lawyer regarding your rights on compensation and don’t sign anything or agree to anything until you’ve taken this step.
In order to work your case, your lawyer will need to work with both the rideshare companies and the insurance companies. Here, they will determine which coverages will apply for your specific case. Lyft/Uber and other services aren’t going to want to have to pay out, especially if there is any question regarding the situation and the driver’s status. The driver’s phone may have failed, it may be challenging at best to determine who is actually at fault and what the driver was doing in regards to the situation.
Ridesharing services may try to tell you that the driver wasn’t in their employ at the time of the wreck or that they were off duty and that their private insurance company should pay for the situation. In short, the battle may be long and drawn out regarding who is at fault.
If you’ve been hit in such a situation, it’s important to understand that the company is going to engage you in a game of denial. Even if the driver denies fault, they may not have the insurance to cover your particular injuries. Lyft and Uber may not wish to pay if they feel that they can lay the blame elsewhere. An experienced auto lawyer may be able to aid you in cutting through the red tape and pursue the compensation that you deserve aggressively.
How Can A Buffalo Uber Accident Lawyer Help A Claim?
Finding who is at fault in a rideshare wreck can be a long drawn out and complicated process. Insurance companies are going to do everything that they can to avoid rewarding you with the compensation that you deserve.
A Buffalo personal injury attorney has the required experience to help you with your case. Here are a few of the ways that they can help you in making your claim.
We’ll collect all of the required evidence including the police report, testimony of eyewitnesses, and any surveillance videos. We’ll also work with a reconstructionist in order to accurately determine how the accident happened if the other party is disputing their liability.
Value Your Case
Accident cases have no standard value. We’ll look at all of the details and your medical bills as well as your pay stubs to determine the value of your case. We’ll speak with vocational and medical professionals in order to determine the accurate value of your case.
Handle All Communication With Insurance
It’s easy to jeopardize your compensation rights by saying the wrong thing to the wrong person. We’ll handle all of the communication with the insurance company to help ensure that you don’t make any mistakes that could jeopardize your case or your compensation.
Build Your Defense
In many cases, you may have added to your injuries. You may not have had on your seat belt, you may have been distracted. If this happens, we’ll help to build your defense against such accusations to help you recover as much as possible.
Negotiate With Insurance
The main goal of any insurance agency is to not have to payout. The less they have to pay out, the happier they are. In order to do so, they will offer you low settlements in hopes that you’ll take what you can get. We’ll negotiate every effort with the insurance company until you are offered a fair settlement.
Represent You In Court
It’s not unusual for insurance companies to refuse to offer compensation to victims for what they deserve. It’s not unusual for victims to back down and accept what is offered, however, we’re not backing down. If the insurance company won’t give you what you deserve, we’re not afraid to take them to court to get you what you do deserve.
What Are Some Common Causes Of Uber Accidents In Buffalo?
More people than ever before are using rideshares in an effort to avoid the traffic throughout New York, including in Buffalo. Thus, there are more drivers out there and there are more wrecks with Uber/Lyft than previously. Suffolk County and Nassau County have their fair share. There are many different reasons that these accidents happen. There are contributing factors to the fact that they are more frequently reported.
Common causes of ridesharing accidents include:
- Drunk Driving
- Distracted Driving
- Illegal turns
- Unsafe turns
- Following Too Close
- Stopping or standing in dangerous locations such as intersections and sides of heavily-traveled roadways
- Failure to yield
Other factors to consider are traffic conditions, inclement weather, defective equipment, and hazardous road conditions.
Who Is Liable For Such Injuries After A Rideshare Accident?
Just because the Uber or Lyft driver is involved in the accident doesn’t mean that they’re at fault. All car wrecks can be complicated and messy. Often, there are several contributing factors to a wreck. Per New York State law, compensation can be recovered from anyone who may be negligent, careless, or have caused a wrongful action that resulted in the incident.
Liable parties may include:
- Negligent third parties
- Negligent Uber drivers
- Transit companies
- Bus drivers
- Negligent parties and their employers
- Defective vehicles (the companies that were involved in their manufacture)
- Government agencies
It’s vital to ensure that your Uber accident is given a thorough and complete investigation by an independent party. That’s the only way to ensure that the liable parties are fully identified. Cellino Law can seek out compensation from those who may have contributed to the accident that you were involved in resulting in your injuries.
How Do I Get Compensation If An Uber Driver Is At Fault?
So you’ve been in an Uber accident. You’re sure the driver of the Uber is at fault. The recovery of compensation will be dependent on how the app was being used and if it was in use at the time of the wreck. Here’s what you should know.
Uber App Not In Use By Driver
If the driver isn’t logged into the Uber app, then they’re not working for Uber at that time. Thus, the driver’s private insurance coverage is responsible for the damages that result from the wreck.
Uber Driver Waiting Ride Request
When the driver is logged into the app and is actively waiting for a passenger, then Uber’s insurance policy (limited) kicks in. However, this is secondary to the other policy in effect. In short, you can only seek damages should your damages exceed the private policy’s benefits.
Uber Driver Has Ride Request
Upon accepting a driver request, the Uber drivers are on the company policy and the $1 million insurance policy is now in effect. This will cover damages that were sustained by the driver, any passengers, and any injured third parties. However, this is a secondary policy. You’ll first have to exhaust all of the benefits that are available under the Uber driver’s private insurance policy prior to seeking compensation from the Uber company. that $1 million coverage will terminate as soon as the passenger has been dropped off and the driver ends the ride in the app.
Can I Sue Uber After A Wreck?
Most likely not. Uber has worked to ensure that their drivers are considered independent contractors in lieu of an employee. One reason to do this is that it can distance them and limit the liability when the driver may be involved in a wreck. You’ll likely be limited to seeking compensation from the insurance provider.
Common Uber Wreck Injuries
Injuries that are sustained in an Uber wreck can be devastating. At Cellino Law, we’re at the ready to assist you in fighting to recover compensation for any Uber wrecks or injuries including:
- Broken bones
- Brain injuries
- Crushing injury
- Chest injury
- Head injury
- Eye injury
- Lost limbs
- Neck injuries
- Spinal injury
- Soft tissue damage
- Wrongful death
Can’t make it into our Cellino Law Offices? We realize that there are times that your injuries may prevent you from being able to come to our office. Don’t let that stop you. Our legal team is at-the-ready to come to you. We can set up a time to see you at work, home, or even in your hospital bed. Just give us a call and let us set up a time to come and see you and we can go over all of the details.
Damages Available After A Rideshare Accident
Someone else is at fault for your wreck. Don’t let anyone off the hook by accepting a lower amount than you deserve. Don’t sign anything until you’ve visited our office or called us. Give us a call at Cellino Law and let us help you to get the compensation that you deserve for your wreck damages. This could include money for:
- Medical bills
- Lost wages
- Property damages
- Emotional distress
- Pain and suffering
- Loss of enjoyment in life
Insurance companies are likely to drive the amount of your claim down. As your lawyer, we’ll work to help prevent that from happening to you. We’ll work closely with you, leading motor vehicle wrecks and injury attorneys as we work to build your case for you. Our attorneys can give you valuable insight into how extensive your injuries are and how your injuries may impact your life and lifestyle. This is vital to helping to determine the value of your case.
How Much Is Your Uber Case Worth?
Your case value will be dependent on the specific circumstances involved in your wreck. If you’re the driver, for a ridesharing company or another company, it’s important to understand that you have to carry the right insurance. The insurance should cover medical bills and any other potential expenses in regard to who is at fault. If you’re not at fault, you can file a claim against the other driver for pain and suffering. This is considered non-economic damages. According to state law, serious injury may include:
- Broken bones
- Limitation of a body part or organ (permanently)
- Disability for at least 90 days
- Loss of a pregnancy
Additionally, you can file lawsuits for vehicular damages, financial loss that exceeds $50,000. Such damages are economic damages. Our Buffalo personal injury firm can help you with your claim. Generally speaking, the New York limitations statute is three years after the Uber accident. It’s possible that there may be even less time depending on the particulars.