Rideshare companies take many steps to protect themselves from liability in the event of an accident. Because of this, it can be challenging to recover the money you need and deserve after an accident. Fortunately, you don’t have to attempt to secure compensation on your own. A San Francisco rideshare accident attorney can help get you the money you need.
At Omega Law Group, we have helped countless rideshare accident victims get the money they need. Our team of experienced San Francisco car accident lawyers is committed to providing injury victims with the legal representation they deserve. Reach out to us today to set up your free initial case review with a member of our legal team.
An Experienced Rideshare Accident Attorney Serving San Francisco Can Help You Determine Liability
Following a rideshare accident, an experienced San Francisco personal injury lawyer can help you determine who is to blame. They will investigate your accident to determine who was at fault for causing the crash. If the rideshare driver was to blame, their working status at the time of the accident will determine the liability of the rideshare company.
Rideshare drivers aren’t typically employees of the rideshare company. Instead, they work as independent contractors, which allows the rideshare companies to limit the benefits they must provide them while also protecting them from liability in many accidents.
One of the conditions for driving for a rideshare company is that drivers must carry their own insurance coverage, which will be the first option for compensation for anyone involved in an accident where the driver is at fault. However, these companies must still carry their own insurance, which will kick in under certain circumstances.
Driver Not Logged Into the Rideshare App
If the rideshare driver was not logged into the app at the time of the accident, the company is not liable for any damages. If your losses exceed the limits of the rideshare driver’s insurance coverage, you will need to file a lawsuit against them to recover the money you need.
Driver Logged Into the Rideshare App, but No Ride Accepted
If the driver was logged into the app at the time of the crash but had not accepted a ride, the rideshare company’s insurance coverage will kick in at a limited level. However, you will still need to first file a claim with the driver’s insurance. If your damages exceed their coverage limits, you can file a claim with the company’s insurer.
If your damages are greater than the coverage limits of both companies combined, you will need to file a lawsuit to get the money you need.
Driver Logged Into the Rideshare App and Accepted a Ride
If the driver is logged in and has accepted a ride, the rideshare company’s policy will go into full effect. It does not matter whether the driver has picked up their ride yet or not. While you must still first file a claim with the driver’s insurer, you can pursue additional damages up to $1,000,000 from the rideshare company’s insurance policy.
If you suffered severe damages that exceed this limit as well, you may need to file a lawsuit to recover the full value of your claim. An experienced rideshare accident lawyer from Omega Law Group can help you complete all of the necessary paperwork and file your lawsuit before the deadline set forth by the California personal injury statute of limitations.
California’s Pure Comparative Negligence Model
When reviewing fault in a rideshare accident, California courts employ a pure comparative negligence rule. Under this rule, any party who suffers damages in an accident can pursue compensation as long as they were not 100% responsible for causing the accident.
However, if you were partially to blame, the amount you will be able to recover will be reduced at a rate proportional to your level of fault. For example, if it is determined that you were 10% to blame, the most you could recover would be 90% of your damages.
In this example, if your damages are equal to $100,000, the most you could collect would be $90,000.
(310) 526-8383Don’t Accept the First Settlement Deal
After a rideshare accident, you should never take the initial settlement offer. While the amount being offered may seem like a lot of money, especially if you were seriously injured, it is likely only a small fraction of the full value of your claim. Should you accept the offer, you won’t be able to collect further compensatory damages when you know the full extent of your damages.
Before accepting any settlement deal, you need to have an experienced rideshare accident lawyer review the terms. Your attorney will compare your losses against the settlement amount to determine whether the deal is fair. They will explain all aspects of the offer to ensure you are making an informed decision.
While most of these cases end up settling out of court, you must still prepare as though you are going to trial. Willingness to take your case to court will give you leverage in settlement negotiations. Furthermore, it will help ensure you are prepared for a trial should negotiations fail.
Reach Out to an Experienced Rideshare Accident Attorney in San Francisco Today
The best way to improve your chances of recovering the money you need after a rideshare accident is by hiring an experienced attorney to help with your case. At Omega Law Group, we put our clients first. Always. Our team of experienced attorneys will do everything in our power to ensure you get the compensation you deserve.
Contact us today using our online contact form or by giving us a call to set up your free initial case evaluation with a member of our team.
