Commonly, individuals who have been harmed in Uber accidents contact us with questions about how to proceed and file lawsuits. They may not be aware of the legal options they have nor the laws that govern their situations. Many times, they may not be familiar with how claims work or what they can earn if they sue Uber. Victims of Uber accidents can earn various types of compensation for all of their damages, but receiving the maximum restitution can be difficult. Clients will often ask us about the different strategies to increase their settlement offers with Uber and James River Insurance. There are many ways to ensure that you will not be given a small settlement amount.
Uber Insurance Information
When Uber’s ridesharing app hit the market, it did not provide its drivers with any insurance policies in the same way that a conventional taxi company would. Uber drivers were essentially independent contractors who were responsible for their own damages. The problem lies in commercial driving and insurance policies: personal auto insurance generally does not cover commercial driving, and as a result, will not pay anything out in the event of an accident. Companies usually take out policies to cover their drivers, a practice that Uber avoided for some time, until a young girl was struck and killed by a driver. In the wake of the incident, Uber began to cover its drivers and all involved parties.
Now, drivers are in one of two states when they are working. If the app is on but no fare has been accepted, the driver is subjected to a $50,000 policy; once the driver agrees to a fare and is en route to a customer, the policy increases to $1,000,000. It remains at $1,000,000 while the passenger is in the car and reverts back to its default state once the fare has been completed.
This that, as a victim of an Uber accident, you will have coverage. The company’s underinsured and uninsured motorist coverage will also allow you to have your expenses taken care of. The problem, of course, is convincing Uber to pay. To learn more about Uber’s insurance policy details, contact one of our attorneys at Normandie Law Firm today.
Providing Evidence
If you were not injured in an Uber accident, you will only be able to collect compensation for damaged or lost property (assuming you were a fellow driver, for instance). This is because a mechanic’s estimate regarding the repairs is not able to be argued to the extent that injuries are – further, repair costs for a vehicle are generally not extensive, and Uber does not have a problem paying out these small sums. If you have been hurt, however, Uber will almost always question the extent of your injuries and whether or not the driver actually caused them, as well as cast doubt on whether you are as hurt as you claim or if you require the treatment you receive.
The more evidence you have to back up your claim, the higher your settlement offer will be. Uber is able to deny as many claims as it does because the plaintiffs do not give enough proof of their damages. You should ensure that you have:
- Photos of the accident scene
- Pictures and videos of your injuries
- Medical bills and doctor’s notes if you went to the hospital or if you were treated by paramedics
- Police report
- Eyewitness statements and testimonies that support your stance
- Screenshots of your Uber ride and receipt of transaction
If you do not have enough evidence, Uber will likely deny your claim. It is standard procedure for many insurance companies to outright reject claims that involve personal injuries anyway, but if there is no good reason for the company to do so, it may be an act of bad faith. An experienced lawyer will be able to ensure that your lawsuit has enough evidence to support your claim.
Injury Evaluation
There are numerous kinds of injuries you can sustain in an Uber accident. The extent of your injuries is the primary factor in determining the amount of compensation you can receive. A major mistake that victims make is not pursuing medical treatment after an accident – they may claim that they feel fine or that their injuries are minor. If you do not seek medical treatment immediately, Uber can claim that the injuries you state resulted from the accident actually occurred somewhere else.
Some of the most common injuries sustained in Uber accidents include broken bones, sprains, nerve damage, muscle damage, traumatic brain injuries, concussions, lacerations, bruises, cuts, internal organ damage, and more. If an injury has long-lasting effects, such as a severed limb or disfigurement, you should reasonably expect a higher payout.
Insurance adjusters determine the value of your lawsuit based on the extent of your injuries and how much they impact your daily life and career opportunities. One of the best ways to ensure that you receive the maximum settlement offer is to not downplay any of your injuries – whatever caused you to suffer should be factored into your claim.
Proper Legal Action
A common error many people make is believing they should take legal action themselves. They may be certain that they have all of the necessary evidence and will be able to merely submit a claim and receive compensation. This is generally not how the lawsuit process works. In the likely event that Uber’s insurance company, James River Insurance, throws out your claim, you must be prepared to continue to pursue your compensation, reach out to insurance agents, present your evidence, and negotiate a deal. This can be a very draining endeavor, one that will cost you a lot of time, money, and energy.
Investing in an accomplished attorney will make these problems go away. If you are injured after you’re involved in an Uber accident, your primary goal should be to heal and recover, not to build up stress and delay the recovery process because you were pursuing compensation. Let an attorney from our law firm do the legwork for you.
There is a chance that you will also be told that a class action lawsuit is the way to go. If you want the most compensation possible, you should avoid a class action lawsuit, as those claims are essentially filed when a large group of people have been affected, and the settlement will be distributed among them, resulting in lower sums.
Often, people will go to lawyers who are unable to bring them the maximum settlement value. These attorneys will usually sign up many cases, promise large sums of money, and then take the first settlement that the insurance company offers, claiming that it is all they can earn. They do this to receive their own payments as quickly as possible so they can move on to the next case and repeat the process. You should not hurriedly accept any settlement if you believe it is low. Always do your research and get a second opinion on what your case may be worth.
Potential Earnings
By filing a lawsuit against Uber, you may be able to receive the following types of compensation:
- Medical expenses, including hospitalization fees, surgery costs, medication costs, physical therapy fees, and more. Additionally, if you require more treatments in the future for longer lasting injuries, those bills can be taken care of as well.
- Property damage, or any repair costs for your vehicle or replacement costs for lost belongings.
- Lost wages from your job, including future earnings that you will miss out on because of recovery time or other medical procedures.
- Pain and suffering, or damages resulting from psychological trauma, PTSD, fear, anxiety, mental anguish, emotional stress, and more.
- Punitive damages, which are handed out in the event that the perpetrator acted with gross negligence or intended to cause harm. These additional forms of monetary compensation are meant to punish the perpetrator and to dissuade him from committing the acts again. Many courts view these damages as excessive, however, and only a skilled attorney will be able to win them for your case.
Your settlement value could be greatly increased if you seek damages in all of these categories. An attorney from Normandie Law Firm will be able to help.
Our Law Firm’s Role
If you are attempting to increase your settlement offer from an Uber accident, you should not accept the first offer they give you. Let our law group litigate your case and we promise to help you earn the maximum settlement value available. Our aggressive lawyers will constantly stay on top of your claim and ensure that it is not tossed aside or delayed. We will negotiate with Uber’s insurance agents until you are satisfied with the settlement offer we bring you.
Call us today to schedule a free consultation with one of our expert lawyers. You can ask more questions about how to best earn the maximum compensation and we will discuss your case with you. If you choose to hire us for legal representation, you will receive our zero fee guarantee, which states that you will never pay us any out of pocket expenses for our services. We get paid only if we win, and the fees come from the settlement we bring you. If we lose, you won’t owe us anything, and we will cover the costs of the case by ourselves.
Contact Normandie Law Firm to speak with an expert attorney today about your Uber accident lawsuit.
MORE INFORMATION REGARDING UBER ACCIDENTS
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