Rideshare services are rapidly becoming one of the most popular ways to travel and get around Irvine and surrounding cities. However, with the significant increase in the number of Ubers on the roads, there is also a substantial increase in the number of collisions involving Ubers and other rideshare services.
Uber accident cases are some of the most complex types of personal injury claims victims can deal with. This is, in part, because of the fact that multiple parties may share blame, and dealing with the insurance company can often be challenging.
With help from an experienced Irvine Uber accident lawyer at The Simmrin Law Group, you can hold the negligent party accountable and assess the compensation that is rightfully yours. Contact our car accident legal team for a free consultation today to learn more about who may be at fault for your damages, what to expect when negotiating with the insurance company, and the value of your claim.
Uber Accidents Are Complex
Uber accidents are unlike other types of traditional car crashes. This is because the rideshare company and its auto insurance provider are also involved. It is important to determine the cause of the accident so we can figure out how to approach your case.
For example, if you were traveling as a passenger in an Uber, we would consider not only the liability of Uber and your Uber driver but, depending on the cause of the accident, another motorist or third party may also share the blame. If you were traveling in your own vehicle and were involved in a collision with an Uber, we will need to determine whether the Uber driver, the Uber passenger, or another party is to blame for your personal injuries.
Then there is the question of how to file an insurance claim. Do you file a claim with your own insurance provider? Do you file a claim with the Uber driver’s personal insurer? Or will you be filing a claim against Uber’s $1 million auto insurance policy? The answer may not always be clear.
For a free legal consultation with an uber accident lawyer serving Irvine, call (310) 896-2723
Exploring Fault for Your Uber Accident in Irvine
Your Uber accident attorney in Irvine, CA, will be tasked with thoroughly investigating the cause of your collision. This will help us determine which parties are ultimately responsible for compensating you. Many Uber accidents are caused by negligent driving. If your Uber driver was speeding, drunk, distracted, or fatigued, you may have the right to file a claim against them and recoup your losses in full.
However, it is important to remember that the Uber driver or other motorist may not be at fault for the accident. If hazardous conditions on the Irvine roadways contributed to the accident, or the involved vehicle’s parts were defective or malfunctioning, additional parties could share fault.
Dangerous roads are the responsibility of the city of Irvine, the California Department of Transportation (Caltrans), and other government officials. Failure to remove debris, fill potholes, and replace or replace our street lights or signs are all examples of negligence. When defective car parts cause accidents, vehicle parts designers, distributors, manufacturers, suppliers, and retailers, as well as other third parties, may be to blame.
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How Uber Accident Insurance Claims Work
Once your Uber accident lawyer has figured out how the accident occurred and who is at fault, we can proceed with your case. The next step is usually filing a claim with the insurance company. This could also be complex.
Uber has a $1 million auto insurance policy in place designed to compensate victims when Uber drivers are at fault for accidents. However, Uber’s auto insurance policy is only in effect when the driver is in driver mode, actively transporting a passenger, or waiting to pick up a passenger. If the accident occurs outside of this timeframe, Uber’s auto insurance policy will not apply.
Depending on the details of your case, you may then need to file a claim against the Uber driver’s insurance policy, the liable motorist’s auto insurance policy, or your personal auto insurer if you carry no-fault insurance coverage. However, since California is a fault state, you will always begin by filing a claim against the liable party’s insurer as opposed to your own.
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Recoverable Damages for Uber Accident Victims
Certain types of damages are only available through civil lawsuits. For example, whether you file a claim with your insurance company, the Uber driver’s personal insurer, or Uber’s auto insurance company, the insurer will likely only cover a portion of your medical bills and personal property damages. It is unlikely they will compensate you for every loss, as they are restricted by the policyholder’s limits.
Any damages that exceed the policyholder’s limits will need to be recovered through a lawsuit. If there are damages insurance did not cover at all, these losses can be included as part of your Uber accident lawsuit. Examples of potentially recoverable economic and non-economic damages include:
- Mental anguish
- Loss of household services
- Diminished quality of life
- Pain and suffering
- Loss of income
- Embarrassment and reputational damage
- Loss of enjoyment of life
- Lost employee benefits
- Skin scarring and disfigurement
- Permanent disability
- Medical expenses
- Vehicle repair costs
- Future healthcare treatment
- Loss of consortium
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The Statute of Limitations for Uber Accident Claims
Filing a lawsuit may be the last thing on your mind, but it is crucial that you take action before the statute of limitations passes. California Code of Civil Procedure Section 335.1 requires Uber accident lawsuits to be filed within two years of the collision.
You can speak with your Irvine Uber accident attorney to find out whether the statute of limitations has been temporarily paused in your case and how much longer you have to file before you are barred from moving forward with your lawsuit.
Meet with an Uber Accident Lawyer in Irvine, CA
The last thing you expected to have to deal with is the complex legal matters regarding Uber accidents and insurance claims. When you have suffered critical injuries, dealing with these legalities can prove to be particularly challenging. Remember, you do not have to go through this alone.
A reputable Irvine Uber accident lawyer at The Simmrin Law Group can help you hold the liable party accountable for their recklessness and ensure the insurance company compensates you fairly for your damages. Get started on your case as soon as today when you contact our legal team for a 100% free consultation. Fill out our convenient contact form or call us to start taking back control of your life.
Call or text (310) 896-2723 or complete a Free Case Evaluation form