While lawsuits are filed against an individual, organization, or company, most of them are settled with the defendant’s insurance company. For example, if you were to sue a homeowner, you would file an accident claim with their home insurance provider and attempt to negotiate a settlement with them directly. If a settlement cannot be achieved, you would have the option to proceed with a lawsuit and take your chances in front of a jury.
This is the procedure you would follow if you are seeking compensation from Uber’s insurance company. Whether you are an Uber driver, a passenger, or another motorist, you will need to file your claim with James River Insurance Company, which is Uber’s commercial liability insurance provider. James River is an insurance company that specializes in excess liability and surplus lines coverage, which is meant for high-risk industries, like construction, travel, and transportation. For Uber, the company offers up to $1 million in liability coverage for bodily injury and property damage if the driver was transporting a passenger at the time of the accident. You are also covered if you’re logged in as “available” but have not accepted a passenger yet, though the amount of coverage will be much lower.
So, what happens if you’ve filed an injury claim with James River, but they respond with a settlement offer that’s considerably less than what you deserve? This is a very common issue among Uber accident victims, and we want to assure you that there is a solution to this problem. In this article, we will provide you with some information on how to handle a low offer to settle a case from Uber Insurance. For more information on your rights and legal options, contact our office to speak with an experienced accident injury attorney.
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What can I do if James River Offers me a Low Settlement?
It’s frustrating when an insurance company makes you an offer that’s insufficient for the level of harm you’ve suffered. You may feel tempted to call the company right away and make an argument for a higher amount, but it’s best to take a deep breath and think of the company’s motives. At the end of the day, James River is hired to serve Uber, not you, so their job is to save their client’s money. To accomplish this goal, they have to do settle your case for as little as possible.
That brings us to the following question: what can you do to maximize your chance of recovery from an Uber accident claim? The logical step is to make a counteroffer, but how to go about this process is where people get stuck.
How Do I Respond to a Low Settlement Offer?
From this point on, all correspondence between you and the insurance company should be in writing. This way, you don’t end up saying something on a recorded line that can be used against you. To start the negotiation process, you will need to send a formal letter to the insurance company with the following information:
- A clear statement to indicate that the offer made by the insurer is unacceptable.
- Indicate any false information or inaccuracies in the offer letter from the insurance adjuster.
- The payment amount that you think is appropriate.
- Evidence to back up your claim for a specific dollar amount, such as medical records and proof of missed time from work.
While you can draft this letter on your own, many claimants find that it’s best to hire an attorney. For one thing, justifying why you are entitled to a certain amount of damages can be very difficult unless you have extensive knowledge of the laws and the claims process. Furthermore, you may have the right to seek non-economic damages, like pain and suffering. However, making a sound legal case for emotional trauma is not something you should attempt without help from a personal injury lawyer.
The Uber accident lawyers of Normandie are here to guide you through the process and ensure that you receive the highest possible settlement from an insurance claim with James River. Contact us right away to schedule a free case evaluation.
Should I File a Lawsuit?
As we’ve mentioned, the goal is to negotiate a fair settlement without court intervention, but this may not be possible depending on the insurance company’s response to your claim. Of course, the negotiation process can take weeks or months – sometimes, over a year. With that in mind, you don’t want to jump at the prospect of filing a lawsuit. Then again, there is a strict deadline to sue for a car accident (2 years from the accident date), so you may have to proceed with a lawsuit after a certain amount of time.
Ultimately, the decision to accept a settlement or sue for your accident is up to you. As your legal advocate, our job is to help you make an informed decision after a thorough discussion of your rights and legal options. If you’d like to learn more about the lawsuit process for an Uber accident injury claim, don’t hesitate to give us a call.
How Can I File a Complaint against James River Insurance Company?
If you believe that James River is intentionally making low offers to pressure you into a settlement, you probably have questions on whether you can file a complaint against the company. You may have grounds to report the company to the California Department of Insurance, which is the governing agency for insurance companies that operate in California.
To issue a complaint, you will need to prove that James River engaged in an act of insurance bad faith, such as:
- Failure to properly investigate the accident or failing to conclude the investigation in a timely manner.
- Denying your claim without legal justification or asking for paperwork / information beyond what is reasonable in order to approve the claim.
- Failure to indemnify, meaning the company has not issued your payment in a timely manner (according to the agreement between you and the company, or by their own terms and conditions).
- Engaging in stall tactics and other conduct for the purpose of pressuring the claimant into a settlement, thereby forcing them into a lawsuit.
A bad faith insurance lawsuit may be another option that’s available to you, which we can go over with you during a free consultation. However, it’s worth noting that most problems with an insurance company can be solved by filing a California Department of Insurance complaint. The key is to work with a knowledgeable attorney, who can make a strong and solid case on your behalf.
My Lawyer is Pressuring me to Settle – What are my Rights?
What can I do if I’m unhappy with the offer from the insurance company, but my lawyer thinks I should settle?
This is a question we are asked quite often during consultations with people who are in the middle of a rideshare accident case. If you would like to confirm that James River is making you a fair settlement offer on your Uber case, please contact us for a free second opinion. Aside from questions about what your claim is worth, we can help you with any other issue you are having, which may include:
- My lawyer isn’t getting back to my phone calls or emails.
- I feel like nothing is being done on my case, and I’m tired of waiting for my payment!
- I’m worried that my lawyer isn’t experienced enough to handle my claim.
- My attorney keeps giving me advice that I don’t agree with, and I don’t understand their reasoning.
Once we provide you with an assessment of your legal options, you may choose to switch your lawyer and hire us as your new legal representative. But you will not be charged for the consultation if you decide to stay with your current law firm. To take advantage of this offer, call us today and ask to schedule a free second opinion.
We are Available to Take Your Call 24/ 7
That’s right – here at Normandie Law Firm, someone is always available to assist you, no matter when you call. We know the urgency you are feeling right now, as you fight to recover your payment and move forward from this traumatic incident. Our lawyers are ready to take immediate action on your case, and we will not back down until you are fully compensated by Uber or any other parties that are responsible for your accident.
As a sign of our commitment to your case, we never charge upfront for the cost of representing you. All legal fees are covered by the defendant as a part of your settlement award, which means we only get paid by winning your case. If we don’t succeed in bringing you compensation, we offer a Zero Fee Guarantee so that you won’t have to pay for a single penny of our expenses.
There’s no need to settle for a low offer from James River with the lawyers of Normandie by your side. Call us right away to schedule a free case review or free second opinion.
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