Rideshare Personal Injury Compensation
Rideshare Accidents: How Much Can You Get Paid In Compensation?
Uber and Lyft rideshare services are convenient and affordable, but the convenience comes with risk. I your are injured in an accident, how much you can receive in damages depends on these four factors: 1) your injuries, 2) your attorney, 3) the drive, 4) the app.
Rideshare Injury Compensation Factor #1: Your Injuries
If you get in an accident involving Uber or Lyft, what happens to you during and after the event determines a large portion of your potential compensation. Your injuries are the most important component of this and can range from a temporary physical injury to permanent injury (eg: a spinal injury, broken bones, scarring). In the worst cases, injuries can be catastrophic (eg: paralysis or death).
The more severe and permanent the injury, the likelihood of higher compensation from Uber or Lyft to compensate you for the injuries you sustained The extent that your life (and your household) has been affected due to these injuries also plays a role. This includes lost pay while recovering from temporary injuries as well as any future lost pay in the case of life altering chronic injuries. “Pain and suffering” caused by the trauma and personal impact of the injuries is also a factor that will be taken into consideration.
Rideshare Injury Compensation Factor #2: Your Attorney
Surprisingly, many people who suffer in Uber and Lyft accidents attempt to “go at it alone” and do not hire a lawyer. Others may hire a lawyer without the necessary skills and experience to win complex personal injury cases against these rideshare giants and their insurance companies.
For best results, choose an attorney with the required knowledge and experience to present your case to the insurance carrier. It takes an experienced personal injury attorney to counter the legal arguments presented by Uber, Lyft and their insurance carriers. An experienced lawyer will be able to translate your medical costs, loss of productivity and pain-and-suffering into the settlement amount you deserve.
Importantly, your experienced lawyer will be able to know when to accept an insurance company’s offer to settle or bring the case to court.
A skilled litigator with a personal injury background and experience representing insurance companies would be the ideal choice. An attorney with this background will have the skills and knowledge to anticipate the insurance companies’ strategies and get the results you deserve.
Rideshare Injury Compensation Factor #3: Your Driver
Lyft and Uber drivers are not considered to be employees. Using “1099s” or “independent contractors”, gives the rideshare companies some basis to deny claims when one of their drivers has caused an accident.
One reason for denying fault in an accident might be that the driver was not yet carrying any passengers for the rideshare service. This argument can be made even if the driver was available to pick up riders but none had entered the car yet. In many of these cases, additional injury coverage from Uber and Lyft still applies.
However, both rideshare services have additional personal injury coverage on top of the driver’s insurance. In cases where the Uber or Lyft car was carrying a passenger or passengers, the rideshare companies maintain up to $1 million dollars in insurance coverage that can be used to cover claims made by all the parties involved. These policies could potentially cover your claims, but could also include those of the passengers, the driver, or any other drivers involved.
An experienced Personal Injury attorney will be able to navigate the nuances that determine what insurance coverage is available to cover your losses and how much each policy should contribute to the damages.
Rideshare Injury Compensation Factor #4: The App
Beware of agreeing to be carried by a rideshare driver without running the Uber or Lyft app. Some passengers agree to do this in order to save money by paying the driver directly. Doing this can place you, the other passengers, the driver and third parties at risk of limited insurance coverage. Uber and Lyft are most likely to deny claims when there is evidence that their apps were being misused or turned off all together.
What to do if you are in an Uber or Lyft accident:
If you are in an accident involving Lyft or Uber, it is important to take care of your safety and well being. First thing to do is call 911. Then contact South Florida Law, PLLC. You can call us at (954) 900-8885. Speaking to one of our experienced attorneys early in the process is crucial to ensuring that you get the compensation you deserve.