Ubers provide a convenient alternative to taxicabs and buses for San Diego’s commuters. For those who want to go out and enjoy a few drinks, Ubers are a way to avoid drinking and driving. Still, Ubers are cars like any other, and like other cars, they can get into accidents.
Whether you are an Uber driver or passenger, a pedestrian, or the driver of another vehicle involved in an accident with an Uber, connect with a San Diego car accident lawyer from Simmrin Law Group as soon as possible. Uber accidents come with their own set of complications to navigate, and a San Diego Uber accident lawyer will sort through them with efficiency so you can collect the compensation you deserve.
Collecting a Settlement After a San Diego Uber Accident
To collect a settlement in any personal injury case, victims must prove the at-fault party owed them a duty of care, breached that duty, and that breach caused the accident leading to quantifiable damages. A duty of care is a legal obligation the at-fault party owes victims to protect their safety by taking action to keep them from danger and avoiding actions that put them in danger.
All drivers owe other drivers, pedestrians, and others who share the road a duty of care. Uber drivers are no different, and they have the added responsibility of owing their passengers a duty of care. Your San Diego Uber accident attorney’s first order of business will be to determine who breached their duty and collect evidence to prove that the breach caused the accident leading to your injuries.
For a free legal consultation with an uber accident lawyer serving San Diego, call (310) 896-2723
Possible Negligent Parties
The negligent party is the one accountable for the breach of duty and is who your attorney will file against in your Uber accident claim. Typically, you collect a settlement from the at-fault party’s insurance.
The negligent party could be:
- The Uber driver, if you are a passenger, pedestrian, or driver of the other involved vehicle
- Another driver, if you are an Uber driver or passenger or a pedestrian
- A government entity, if an unsafe roadway or outed traffic signal or streetlights caused the accident and the office overseeing those areas did not uphold their safety responsibilities
The Uber company usually avoids culpability as they hire drivers not as employees but as independent contractors. However, though not typical, an Uber accident attorney in San Diego may see grounds to hold the company responsible for a failure that contributed to your accident. No matter the situation, your attorney will identify the at-fault party and build a strong case against them in support of your settlement demand.
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How Uber’s Insurance Protocols Affect Your Case
The timing of an Uber accident has a significant bearing on what insurance policy is accountable for covering damages. As you might expect, no insurance company ever wants to be on the hook for paying settlements. Insurance companies are businesses with the goal of making money, and the more money they pay out, the less they make.
Uber’s Insurance Structure
Uber follows a specific structure for insurance coverage. All drivers must have their own personal car insurance policies, and when they are not active on the app, their personal coverage applies.
When Uber drivers have the app activated and are waiting for a ride request, Uber provides third-party liability coverage, if the driver’s own insurance does not apply, in the amounts of:
- $50,000 for bodily injury per person
- $100,000 for bodily injury per accident
- $25,000 for property damage per accident
When drivers have the app activated and are driving to pick up a ride, or when they have passengers in the car and are traveling to a destination, Uber provides coverage in the amounts of:
- $1 million for third-party liability
- Uninsured motorist insurance for bodily injury
- “Contingent” collision coverage–if the driver carries collision through their personal car insurance policy, Uber provides for the cash value of the car after a $2,500 deductible
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Leave Insurance Negotiations to a San Diego Uber Accident Lawyer
If there is any room for discussion regarding the timing of an Uber accident, insurance companies will leap at the opportunity to deflect accountability and put it somewhere else. Meanwhile, you continue to suffer from your injuries and watch your bills pile up. Having an attorney on your side is the best way to get these negotiations under control so the at-fault party can not squeeze through loopholes and deny you compensation or prolong the discussions delaying your compensation.
If your claim is against a government entity, rules for filing and pursuing your claim differ altogether, making a lawyer’s guidance even more critical.
Even when insurance companies cannot deny responsibility, they will use other tactics to reduce payouts, such as appearing generous and attentive and convincing victims that a low offer is actually generous. If the victim is a third-party driver, companies will try to inflate that driver’s level of fault and lower the compensation they (the victim) can collect, according to California’s comparative fault statutes.
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Compensation for an Uber Accident in San Diego
Your Uber accident lawyer in San Diego will pursue both economic and non-economic damages in your settlement. The amount of your settlement depends on the extent of your injuries and their consequences, your level of suffering, and the degree of the at-fault party’s fault.
Economic damages cover all costs and financial losses related to your accident. These include medical bills, income loss, cost for continued care, recovery of future lost wages and benefits if you cannot return to work, property damage, and any other accident-related expense.
Non-economic damages recognize losses that do not have a set price tag but still have a high value. They include your emotional distress, physical pain, and loss of your enjoyment of life.
Fair Compensation Is Your Right
When someone else’s negligence causes you injury, emotional trauma, and financial losses, you have the right to compensation. The team at Simmrin Law Group will fight to secure that compensation.
Call or send an electronic message to schedule a free consultation with a San Diego Uber accident lawyer. Your attorney will hold at-fault parties accountable to restore your financial stability and get you justice.
Call or text (310) 896-2723 or complete a Free Case Evaluation form