Although beneficial, some personal injury claims involving a rideshare driver do not require assistance from an Uber or Lyft accident lawyer. Learn the key differences between what type of case will need help and which case will not so you are left with the maximum settlement.
First, Establish That the Personal Injury Claim Is Justifiable
Under California law, anyone injured in a Lyft accident, including an Uber or Lyft passenger or another driver, may be compensated for damages. However, certain conditions must be met to qualify for coverage under Lyft’s insurance policy.
For instance, the Lyft driver must have been logged into the rideshare app at the time of the accident to qualify for the rideshare company’s insurance policy. Coverage will vary depending on whether a ride had been accepted, the driver was en route to a pickup location, or the driver was transporting a passenger.
Additionally, the at-fault party’s negligence must have contributed to the Lyft car accident. This could include, but is not limited to, speeding, running red lights, texting while driving, speaking with passengers, or violating other traffic laws.
Most importantly, provable losses must have been sustained. Verifiable losses directly resulting from the car accident may include physical injury, pain and suffering, lost wages, medical bills, or property damage.
If you believe you are eligible for compensation, consulting with a rideshare accident attorney experienced in personal injury cases involving companies like Uber and Lyft is strongly recommended.
Circumstances That May NOT Require Hiring Uber or Lyft Accident Lawyers
Some cases involving a car crash with Uber or Lyft drivers result in minor vehicle damage and little to no injuries. Typically, each involved party’s insurance company can settle cases in these situations instead of working with a personal injury law firm. More specifically, Lyft accident lawyers may not be needed for a rideshare accident under the following conditions.
1. Did Not Sustsain Car Accident Injuries
If there were no injuries or only minimal medical attention was required, managing the Lyft accident claim through insurance may be sufficient.
However, regardless of the apparent severity, always seek medical attention after a car accident. Only a doctor can confirm whether or not an injury was sustained.
2. Liability Not Being Dispute
If no one involved in the accident is contesting the circumstances, like if a driver backs into another car in a parking lot, the insurance companies may settle the matter without further dispute.
That said, obtaining the contact and insurance information from all involved parties is still vital. Additionally, get a copy of a police report if California Highway Patrol was called to the accident scene. This report will be helpful should the other party change their mind and refute liability.
3. Additional Compensation Is Not Being Pursued
Lyft accident lawyers may not be necessary if there is no desire to seek compensation for property damage or other losses, such as lost wages or pain and suffering.
Before agreeing to a settlement or signing any paperwork, ensure all details have been confirmed and clarified. Once an agreement has been made, it cannot be undone.
Circumstances That May Require Hiring Uber or Lyft Accident Lawyers
While it is possible to handle a personal injury claim without legal representation, the complexities of rideshare accident cases often necessitate the expertise of an attorney.
Large rideshare companies have ample resources at their disposal, including experienced legal teams and insurance companies, which can make successfully settling Uber or Lyft accident claims extremely difficult. It is strongly recommended to consult with a rideshare accident attorney when experiencing any of the following conditions:
1. Multiple Insurance Companies Are Involved
Uber and Lyft accidents may involve multiple insurance policies. This includes auto insurance for Uber or Lyft drivers and the rideshare company’s commercial insurance.
Understanding and applying these policies can be complicated and may require legal expertise to avoid jeopardizing a case.
Professional legal representation is strongly advised if coverage, policy limits, or when multiple insurance companies are involved.
2. Liability Is Being Disputed
Determining liability in rideshare accidents can be challenging, especially when multiple parties are involved. Each party will assume blame on the other to avoid or reduce their percentage of liability.
Fault must be proven to ensure the appropriate party is held responsible. Proving fault requires evidence, and providing sufficient evidence will be particularly troublesome to someone recovering from a car accident injury who is not being assisted with professional legal guidance.
It is a skilled attorney’s responsibility to establish fault by obtaining all necessary evidence and building a solid case to secure the compensation their clients deserve. Due to their experience, the most qualified Lyft accident attorneys will know how to accomplish this effectively.
3. A Fair Settlement Has Not Been Offered
It is commonly misunderstood that compensation for car accidents, including those involving rideshare services like Uber and Lyft, is restricted solely to tangible financial losses, such as medical bills and vehicle repairs.
Insurance companies capitalize on these misunderstandings because they can offer settlements that exclusively cover economic damages. However, car accident victims are entitled to much more.
In a personal injury case, a settlement can be sought for both current and future medical expenses related to the injuries sustained, as well as other forms of damages. Non-economic losses, such as pain and suffering, which reflect the physical and emotional toll of the accident, are also eligible for compensation.
An experienced Uber and Lyft accident attorney can thoughtfully review a case to identify all potential areas of loss, ensuring that all damages are included in the claim and justifiably compensated.
What You Need to Know About Insurance for Uber and Lyft
It is not always clear which auto coverage applies in the event of a car accident involving a Lyft vehicle. While the “at-fault” party’s insurance company would be liable, there are some grey areas when establishing which party is, in fact, at fault.
In some cases, the rideshare company’s insurance will be applied, but the extent of coverage depends on the driver’s status at the time of the accident:
- Offline: If the Lyft driver is not logged into the app when the accident occurs, Uber/Lyft is not liable, and the driver’s personal auto insurance will apply.
- Period 1: If the Lyft driver is logged into the app and waiting for a ride when the accident occurs, Lyft provides limited liability coverage, including $50,000 per person for bodily injury, $100,000 per accident for bodily injury, and $25,000 per accident for property damage.
- Period 2: If the Lyft driver is logged into the app and en route for pickup when the accident occurs, Lyft offers up to $1 million in third-party auto liability coverage. This may include uninsured motorist coverage or underinsured motorist coverage if another involved party does not have insurance.
- Period 3: If the Lyft driver is logged into the app and the ride is in progress when the accident occurs, Lyft provides $1 million in third-party auto liability coverage. This coverage acts as primary coverage from the time the ride is accepted until it ends.
While insurance coverage for Uber or Lyft drivers may seem substantial, it is important to note that the company may attempt to deny liability or limit coverage. It is advisable to consult with an attorney experienced in rideshare accident cases to ensure your rights are protected and you receive the full compensation you deserve.
What Happens If I Choose Not to Hire an Attorney?
To cut down on legal fees and obtain a bigger settlement, many consider bypassing legal representation. Again, hiring a Lyft accident attorney is not mandatory and, in some cases, unnecessary–however, it is important to know there are risks involved when opting for this option.
Insufficient Compensation
Rideshare companies like Lyft and Uber possess significant financial resources and have access to experienced legal counsel. While their insurance companies are responsible for compensating injured victims, they are also often incentivized to minimize claims.
When substantial damages are incurred, the claim becomes more valuable to the accident victim, making it more costly to the insurance company. This can lead to deliberate delays in the claims process, extending it for months or even years. Insurance companies do this to persuade victims to accept lower settlement offers, prioritizing convenience over fair compensation.
A significant drawback of this approach is that victims may not receive adequate compensation for the full extent of their damages, leaving them burdened with additional expenses, such as future medical treatment, property damage, or the costs associated with living with a disability.
Potential for Litigation
The outcome of a rideshare accident case can vary depending on the insurance company’s willingness to cooperate. While many personal injury cases are resolved through negotiation, litigation is always possible.
If a case goes to trial, the process of reaching a resolution becomes more demanding. It will entail both parties presenting evidence, such as medical records, witness testimony, and police reports, to prove fault before a judge or jury.
The legal complexities will intensify, as achieving a favorable outcome in a trial involves a more extensive series of steps compared to out-of-court settlements. If inadequately prepared, victims may not only lose the case but also incur significant time and financial costs associated with court fees.
Delayed or Inadequate Medical Care
The physical and emotional trauma of a car accident requires significant time and effort to recover. Simultaneously, navigating the complexities of dealing with insurance companies and legal matters can further hinder the healing process.
While immediate medical attention is essential, ongoing medical care, such as specialized treatment or long-term physical therapy, is equally crucial for a successful recovery. However, financial constraints often prevent rideshare accident victims from accessing such necessary medical care.
Insurance companies may willingly compensate for current medical bills but frequently neglect to account for future or long-term treatment needs–and many victims are unaware that they are entitled to such damages.
Consequently, victims settle for insufficient compensation, forcing them to choose between paying for treatment out-of-pocket or forgoing it altogether. This is not only financially dangerous but also compromises a victim’s health and well-being, especially for severe injuries like traumatic brain injuries (TBIs) or internal bleeding, which can have fatal consequences.
The Benefits of Hiring an Attorney
Rideshare accidents, including those involving Lyft, pose a substantial risk of traffic fatalities and serious injuries within Los Angeles County. Therefore, as with any other motor vehicle accident, it is crucial to be prepared for such an event.
An experienced Lyft accident attorney can effectively prepare victims for the potential legal challenges that may arise in dealing with insurance companies and offer the following benefits.
Thorough Assessment of Applicable Damages
An experienced legal team will identify all potential sources of compensation, including future medical expenses, affected earning potential, pain and suffering, and other non-monetary damages.
By working with medical experts, physical and mental suffering can be fully assessed so the full extent of injuries and future needs are accounted for. An attorney will evaluate both economic and non-economic losses:
Economic Damages
These are designed to compensate the victim for tangible, out-of-pocket expenses. They are generally quantifiable and can include:
- Medical bills
- Property damage
- Lost income
- Loss of earning capacity
Non-Economic Damages
These are more subjective and difficult to quantify but are still compensable. Although intangible, these losses represent the afflictions that motor vehicle accidents cause to victims and can include:
- Pain and suffering
- Emotional distress and trauma
- Disability or physical impairment
- Permanent disfigurement
- Loss of enjoyment of life
Countering Insurance Tactics
Rideshare companies often employ tactics to minimize claims and undervalue injuries. In fact, some rideshare companies have faced criticism for their customer service practices, particularly in response to incidents involving car accidents.
While the company has implemented stricter driver background checks and improved customer service measures, injured victims must know to prioritize their own interests because the liable party certainly won’t.
Lyft is a business primarily focused on protecting its own interests. By working with a dedicated legal team, injured passengers and other victims are given the reassurance that their rights are protected.
An experienced Lyft or Uber accident attorney counters deceitful tactics from insurance companies and aggressively negotiates to secure a fair settlement.
If necessary, they can also file a personal injury lawsuit and represent clients in court to obtain the maximum compensation.
Identify the Liable Party
Rideshare drivers, such as those employed by Uber and Lyft, can be held financially liable for accident-related injuries caused by their misconduct or negligence. These drivers have a duty of care to ensure the safe transportation of their passengers and to avoid endangering others on the road.
When negligent drivers fail to fulfill these obligations, they may be considered negligent and liable for any resulting injuries. Depending on work status, victims may be eligible for compensation from the personal insurance policies of the rideshare drivers or the actual rideshare companies. An attorney can determine the “period” of service and confirm which policy to apply.
Rideshare drivers operate in a dynamic environment, sharing the road with other drivers, bicyclists, and pedestrians. These third parties can also contribute to accidents due to negligent behavior, like lane splitting by motorcyclists, disregard of traffic signals by bicyclists, or sudden entry into traffic by pedestrians, can contribute to accidents.
When a third party’s negligence results in a collision with your Uber or Lyft, that party can be held liable. Determining fault and liability in a Los Angeles rideshare accident can be complex. However, an attorney will conduct a thorough investigation into the accident and pursue fair compensation from all parties responsible for causing the accident that led to the injury.
Lyft accident attorneys also evaluate cases to determine the most effective strategy, whether it involves negotiation or litigation. They also monitor important dates, such as the statute of limitations, to ensure that all claims are filed within the designated time frame.
For Questions, Contact the Top Uber and Lyft Accident Lawyers
While legal representation is not mandatory, hiring skilled Lyft accident attorneys offers significant benefits. They can guide you through each step of the process, ensuring your rights are protected and you receive the maximum compensation possible.
If you were involved in a rideshare accident in Los Angeles, Angeleno Accident Lawyers can assist. Our qualified legal team is dedicated to helping victims of rideshare accidents recover the compensation they deserve.
By entrusting your case to us, you can focus on your recovery while we handle the legal hurdles, providing you peace of mind during this challenging time.
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