Ridesharing App Accident Attorney in Los Angeles
Flexibility and extra income. Most drivers for Uber, Lyft and other ride sharing companies cite these two reasons as the primary reason they work in the industry. What they may overlook is the legal implications that can arise if they cause an accident and a passenger is seriously injured, or if the ride sharing driver is seriously injured.
When an Uber, Lyft or other ride sharing accident occurs in or around Los Angeles, there are usually questions about civil liability, the amount of available insurance coverage, and the appropriate venue for personal injury lawsuits. Our team of experienced and skilled Los Angeles ride share accident lawyers can assist you during this difficult time.
We understand that, in the aftermath of a serious car accident, you are likely struggling with unexpected medical expenses, the prospective of a length physical rehabilitation, missed time from work (which may mean lost income), and other harms and losses. Do not fret. We stand ready to help. Take action by contacting our firm to schedule a free, confidential case evaluation.
Ridesharing App Services Operating in California
The ridesharing app industry in and around California is largely dominated by two companies – Uber and Lyft. However, you are not restricted to selecting from these two competitors. There are other options available in Los Angeles, Santa Monica, and other areas in California. In addition to Uber and Lyft, here are some other ridesharing app services:
Analyzing and Determining Liability After a Car Accident
One of the key issues in a ridesharing accident lawsuit is establishing liability. In California, it routinely comes down to the status of the driver and whether they were using the Lyft, Uber, Via, etc. app at the time of the collision. In addition, you will need to present sufficient evidence indicating that the other driver breached a duty of care (typically the duty to operate their vehicle in a reasonably safe and responsible manner) and that breach proximately caused the accident, which left you injured. To get a better sense of your legal options and the viability of your claim, it would be prudent to speak with an experienced car accident attorney in Los Angeles.
Insurance Coverage When a Serious Auto Accident Occurs Involving an Uber or Lyft Driver
Most ridesharing companies carry insurance policies that apply to their drivers when they are actively transporting a customer from Point A to Point B. For example, a driver using the Uber app to transport people in and around Los Angeles is protected by a company insurance policy offering $1 million in liability coverage. This means that if a passenger is seriously injured in an accident involving an Uber driver, they could potentially file a persona injury claim against Uber seeking financial restitution for their harms and losses through this policy coverage.
Recoverable Damages You Can Pursue From an Uber or Lyft Accident Claim
If you file a ridesharing accident injury claim, you can seek financial restitution for the following harms and losses:
- Medical expenses such as emergency room bills, physical therapy costs, pain medications, etc.;
- Lost income due to time missed from work; and
- Compensation for your pain, suffering, inconvenience, etc.
Available Coverage When a Ride Sharing Driver is Not Working
As mentioned earlier, one of the benefits associated with ridesharing services is the ability of a driver to decide when they want to work. This means a driver who uses Uber, Lyft, Via, Curb, etc. could decide to only work a few hours, then turn off the app and cease working for a period of time. If you are involved in a serious collision with another motorist while they are not actually working within the app system, then it may not be possible to access the aforementioned $1,000,000 in insurance coverage. In this scenario, normal bodily injury liability limits would likely apply. Mandatory minimum auto insurance for motorists in California is $15,000 / $30,000 in liability coverage.
When an Insurance Company Disputes or Denies Your Personal Injury Claim
One of the primary reasons to hire a Los Angeles Uber or Lyft accident lawyer is to anticipate and avoid disputes that might reduce your financial recovery or prevent you from obtaining any compensation at all. To protect their bottom line, insurance companies perform investigations to find reasons to challenge every claim that comes their way. If you were seriously injured or lost a family member in a rideshare accident, you can expect the insurer to devote substantial resources to this investigation.
Below are some reasons why you an insurance adjuster may dispute or deny your injury claim:
- The insurance company alleges you have a pre-existing medical condition and your injuries were not directly caused by the accident. The insurance company won’t have to pay for the damages you would have incurred regardless of the accident. If you had a pre-existing illness or injury, for example, you won’t be able to recover compensation for the medical bills related to that condition—unless you can prove that the accident somehow aggravated the condition or prolonged the healing process. At the Law Offices of Mauro Fiore, Jr., we have extensive experience fighting insurance companies over pre-existing conditions. We use medical documentation and expert witness testimony to prove that the cause of your injury was the accident and nothing else.
- The insurance company alleges the statute of limitations has lapsed – When an accident occurs that leaves someone seriously injured, that victim only has a limited period of time to file a civil action against the negligent party, or parties. This is known as the statute of limitations. Pursuant to California Code of Civil Procedure § 335.1, you only have two years, commencing from the date of the ridesharing accident, to file a personal injury claim.
- The insurance company claims you caused or contributed to the cause of the accident. If there is any indication that you may have contributed to the accident, the insurance adjuster will likely attempt to raise it in order to justify disputing or denying your injury claim. In the context of a ridesharing accident, this tactic is generally used if you are operating a vehicle and collide with an Uber, Lyft, or other rideshare app driver. California is a comparative negligence state. This means that it is possible to have an award of monetary damages could be reduced by a percentage of assessed fault (this assessment is typically determined by a jury).
If you encounter these arguments and find yourself with a denied claim, it is extremely important to retain the services of a top-notch personal injury lawyer in Los Angeles to discuss the best path forward and your legal options.
Take Action Today by Contacting an Experienced and Respected Rideshare Accident Lawyer in Los Angeles
We focus on your needs and your objectives at the Law Offices of Mauro Fiore, Jr. Our experienced and respected personal injury law firm is built on certain key principles and beliefs, such as putting your interests above all else. Our law firm does not charge any legal fees or expenses until we recover compensation for you. Our goal in every case is to maximize recovery for any injuries or damage that is suffered. Contact our office today to schedule a free, confidential case review.