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Understanding Ridesharing Accidents
Ridesharing accidents produce a more complex legal process due to the involvement of third-party companies like Uber and Lyft. Determining liability can be tricky because the driver is an independent contractor instead of a direct employee of the rideshare company. This difference affects how claims are handled and whose insurance policy will cover damages.
Immediate Steps to Take After a Ridesharing Accident
Ensure Safety and Seek Medical Attention
Your health should always be your top priority. Check for injuries and call 911 if needed. Even if injuries seem minor, seek medical evaluation to document your condition.
Report the Accident
Report the accident to law enforcement, which will create an accident report. Also, notify the rideshare company about the accident through their app.
Gather Evidence
Collecting evidence is an important step in building a personal injury claim. Start by gathering the rideshare driver’s name, contact details, and insurance information. Collect witness contact information from anyone who saw the accident. Take clear photos of the accident scene, vehicle damage, and visible injuries. Take a screenshot of your ride receipt and ride details from the app. Once the police report becomes available, request a copy. Check for any video footage from dashcams or surveillance cameras that may have recorded the accident to provide additional evidence.
Avoid Discussing Fault
Be cautious about what you say following a ridesharing accident, both at the scene and afterward. Avoid admitting fault or stating what might have caused the accident, even if you feel partially responsible. Anything you say can be used against you to diminish your claim. Instead, state only facts when speaking to the police and other parties involved by providing the necessary information without assigning blame. It is best to communicate under the guidance of your personal injury attorney to ensure you don’t unintentionally harm your case.
Determining Liability in a Ridesharing Accident
Liability in ridesharing accidents typically depends on the driver’s status during the accident. If the driver wasn’t logged into the rideshare app, their personal auto insurance will cover the accident. The rideshare company provides limited liability coverage if the driver logged in but didn’t accept a ride request. Uber and Lyft provide up to $1 million in liability coverage when a driver is actively transporting a passenger or heading to pick one up.
Filing a Personal Injury Claim
Filing a personal injury claim after a ridesharing accident involves several steps.
Identify the Appropriate Insurance Policy
Depending on the driver’s status, you may file a claim against the driver’s insurance, the rideshare company’s policy, or both. An attorney can help identify the correct parties to pursue.
Document Your Damages
Thorough documentation is critical. Document all damages, including medical expenses, lost wages, property damage, and pain and suffering. Gather medical records, hospital bills, pharmacy receipts, and records of any physical therapy or counseling sessions. Lost wages can be tracked by saving pay stubs, employment records, and any communication from your employer regarding missed work. For property damage, obtain repair estimates or receipts. Pain and suffering can be more challenging to calculate, but a personal journal describing your physical and emotional struggles post-accident can support your claim.
File an Insurance Claim
An insurance claim can be filed once all the necessary documentation has been gathered. Begin by notifying the rideshare company’s insurer, the driver’s personal auto insurance, or your own insurance provider, depending on the circumstances. Be prepared to provide them with the accident report, medical records, photos, and other evidence supporting your claim. Your attorney will work to negotiate a settlement considering all past, present, and future damages.
Negotiate or Litigate
Insurance companies may try to settle your claim quickly for less than what you deserve. Your lawyer will negotiate for fair compensation. If a settlement isn’t reached, filing a personal injury lawsuit in a Texas court may be necessary.
Texas Laws and Statute of Limitations
Texas laws concerning statute of limitations and comparative fault guide personal injury cases. The statute of limitations for a personal injury claim is two years from the date of the accident. Failing to file within this period could result in losing your right to compensation. Texas follows a modified comparative fault rule, meaning you may not receive damages if you’re more than 50% responsible for the accident.
Why You Need a Personal Injury Attorney
Ridesharing accident claims can be complex, especially when dealing with corporate insurance policies, liability disputes, and complex Texas laws associated with personal injury. An attorney will investigate the accident, gather and preserve evidence, and determine liability. An attorney will ensure that legal deadlines are met to protect your right to compensation. They will consider medical expenses, lost wages, emotional distress, and pain and suffering while seeking the best compensation. Your attorney will handle the legal concerns while you focus on recovery.
Injured in a Ridesharing Accident? Let the Law Office of Raul A. Guajardo, P.L.L.C. Fight for Your Compensation!
Have you been hurt in a rideshare accident in Texas? Don’t face corporate insurance companies alone. Law Office of Raul A. Guajardo, P.L.L.C. understands the complexities of rideshare claims and is ready to secure your maximum compensation. Contact us today for a free consultation at 956-276-8819 in Edinburg or 956-476-6055 in McAllen. Pay no fees unless you get paid first!
