Rideshare companies take numerous precautions to shield themselves from liability in the event of an accident. As a result, recovering the compensation you need and deserve after an accident can be challenging. Fortunately, you don’t have to go through this process alone. A rideshare accident lawyer in Encino can help you secure the financial support you require.
At Omega Law Group Accident & Injury Attorneys, we have helped many rideshare accident victims secure compensation for their losses. Our team of experienced Encino car accident lawyers is dedicated to providing injury victims with the legal representation they deserve.
Contact us today to schedule a free initial case consultation with a member of our legal staff.
A Knowledgeable Rideshare Accident Attorney in Encino Can Help You Prove Liability
After suffering injuries in a rideshare accident, an experienced Encino personal injury lawyer can assist you in identifying who is responsible for your damages. Your attorney will examine the details of your accident to determine fault. If the rideshare driver is found to be liable, their status at the time of the incident will influence the liability of the rideshare company.
Rideshare drivers are generally classified as independent contractors rather than employees of the rideshare company. This arrangement allows rideshare companies to restrict the benefits they provide to drivers while also shielding themselves from liability in many cases.
One requirement for driving with a rideshare service is that drivers must maintain their own insurance coverage, which serves as the primary source of compensation for anyone injured in a collision when the driver of the rideshare vehicle is at fault. However, the rideshare companies also carry their own insurance, which can be activated under specific circumstances.
Driver Not Logged Into the Rideshare App
If the rideshare driver was not logged into the app when the accident occurred, the rideshare company will not be liable for any damages. In this scenario, if your losses exceed the driver’s insurance coverage limits, you will need to file a lawsuit against the driver to recover the necessary compensation.
Driver Logged Into the Rideshare App, but No Ride Accepted
If the driver was logged into the rideshare app when the crash occurred but had not yet accepted a ride, the insurance policy of the rideshare company will provide limited coverage. However, you must still file a claim with the driver’s insurance provider first. If your damages surpass their coverage limits, you can then file a claim with the rideshare company’s insurer.
If your damages exceed the combined coverage limits of both insurance policies, you will need to pursue a lawsuit to obtain the compensation you require.
Driver Logged Into the Rideshare App and Accepted a Ride
If the driver is logged into the app and has accepted a ride, the rideshare company’s insurance policy will fully apply. This holds true regardless of whether the driver has picked up the passenger yet. While you still need to file a claim with the driver’s insurer first, you can seek additional damages of up to $1,000,000 from the rideshare company’s policy.
If your damages exceed this limit as well, you may need to file a lawsuit to recover the full value of your claim. An experienced Encino rideshare accident attorney from Omega Law Group can assist you with all necessary paperwork and ensure your lawsuit is filed before the deadline established by California’s personal injury statute of limitations.
How to Respond to an Initial Settlement Offer
Following a rideshare accident, you should be wary of the first settlement offer you receive. While the offered figure may seem like a lot of money, especially if you were seriously injured, it is likely only a small percentage of the full value of your losses. Accepting the offer will limit your ability to pursue further compensatory damages once the full extent of your losses is clear.
Before agreeing to any settlement, it’s essential to have an experienced rideshare accident attorney in Encino review the terms of the deal. Your lawyer will analyze your losses in relation to the proposed settlement to determine if the offer is fair. They will clarify all aspects of the proposal, ensuring you can make an informed decision.
Although most cases settle out of court, it’s crucial to prepare as if your case will go to trial. Being willing to take your case to court can provide leverage during settlement negotiations. Additionally, this readiness will help ensure you are fully prepared for trial if negotiations do not succeed.
(310) 526-8383California’s Pure Comparative Negligence Rule
When determining fault for a rideshare accident, California courts apply a pure comparative negligence rule. This rule allows any party who has suffered damages in an accident to seek compensation, provided they are not 100% responsible for causing the incident to occur.
However, if you are found to be partially at fault, your potential recovery will be reduced in proportion to your level of responsibility. For instance, if it is determined that you were 40% at fault, the maximum amount you could recover would be 60% of your total damages.
In this scenario, if your damages total $100,000, the maximum compensation you could receive would be $60,000. If you’ve been involved in an accident, an experienced attorney can help you determine your level of liability and if you have a personal injury case.
Contact an Experienced Rideshare Accident Attorney Serving Encino Today
To increase your chances of obtaining the compensation you need following a rideshare accident, you should hire an experienced attorney. At Omega Law Group, we prioritize our clients’ needs above all else. Our dedicated team of knowledgeable lawyers will work tirelessly to ensure you receive the compensation you need.
Reach out to us today by filling out our online contact form or calling us to schedule your free initial case consultation with a member of our staff. We also suggest reading our client testimonials to better understand the level of service we provide.
