Whether you were a passenger, a driver of another car, or a pedestrian, recovering compensation following an Uber accident can be challenging. Uber takes many steps to protect themselves from liability. Fortunately, an experienced San Francisco Uber accident attorney can help you in your pursuit of fair compensation.
At Omega Law Group, we will do everything in our power to ensure you recover the money you need and deserve. Our team of experienced San Francisco rideshare accident lawyers will work around the clock to secure compensation on your behalf. Reach out to us today to set up a free case evaluation with a member of our team.
An Experienced Uber Accident Attorney in San Francisco Can Help You Determine Fault
After a rideshare accident, an experienced San Francisco car accident lawyer can help you determine who is liable for your damages. Your attorney will investigate your accident to prove the fault of another party. If the Uber driver was to blame for the accident, your options for recovering compensation would depend on their working status at the time of the crash.
Uber drivers are not employees. Instead, they work as independent contractors. Using this designation allows Uber to avoid providing their drivers with a variety of benefits. Additionally, it helps protect Uber against legal action in the event of an accident.
All Uber drivers must carry their own car insurance policy, which will serve as the first option for recovering compensation after any accident where the driver is to blame. However, Uber also carries its own insurance policy, which is activated under some specific conditions.
Driver Not Logged Into the Uber App
If the Uber driver was not logged into the app when the accident occurred, Uber is not liable for any damages caused by the crash. If your losses are greater than the coverage limits of the Uber driver’s insurance policy, you will have to file a lawsuit against them in order to recover the full value of your losses.
Driver Logged Into the Uber App but Has Not Accepted a Ride
If the Uber driver was logged into the app but had not accepted a ride at the time of the crash, Uber’s insurance policy will be activated in a limited capacity. However, your first option for recovering damages will still be to file a claim with the driver’s insurer. If your damages are greater than their coverage limits, you can file a claim with Uber’s insurer.
If your damages are more than both of the coverage limits combined, you will have to file a personal injury lawsuit to recover the rest of the money you require.
Driver Logged Into the Uber App and Accepted a Ride
If the Uber driver is logged into the Uber app and has accepted a ride, the Uber insurance policy will be in full effect. This is true whether they have picked up their ride or not. Although you must still file a claim with the driver’s insurance provider first, you will be able to claim up to $1,000,000 from Uber’s insurance if your damages warrant it.
If you suffered severe damages that go beyond this limit as well, you may need to file a lawsuit to recover the full value of your claim. An experienced San Francisco personal injury lawyer at Omega Law Group will help you file your lawsuit, ensuring you meet the filing deadline established in the California personal injury statute of limitations.
Never Accept an Initial Settlement Offer
Following an Uber accident, you should never accept the first settlement offer you receive. While it may sound like a lot of money, especially if you suffered serious injuries, it will likely only be a small percentage of the full value of your losses. If you accept the deal, you will be blocked from collecting further compensatory damages after learning the full extent of your damages.
You should always have an experienced lawyer review any settlement offer before accepting a deal. Your attorney can compare your losses to the settlement offer to determine the fairness of the deal. They will then explain how the deal stacks up so that you can make an informed decision about how to proceed.
Although the majority of these cases end up settling out of court, you still need to prepare your case as though you are going to trial. Being willing to take your case to court will provide you with leverage during settlement negotiations. Additionally, it will help ensure that you are ready for court if negotiations fall through.
(310) 526-8383Pure Comparative Negligence in California
When assessing fault after an accident in California, the courts employ a pure comparative negligence model. With this system, any party who incurred losses as a result of an accident has the right to pursue damages as long as they were less than 100% to blame.
However, if you were partially liable for causing the accident, the amount of money you will be eligible to pursue will be reduced in direct relation to your level of liability. For instance, if you are assigned 60% of the blame for the crash, you will only be able to pursue 40% of the value of your losses.
That means that if your losses are valued at $100,000, the most you would be eligible to collect would be $40,000.
Get Help from an Experienced Uber Accident Attorney Serving San Francisco Today
Hiring an experienced lawyer to help with your case will greatly improve your chances of recovering the money you need and deserve. At Omega Law Group, we put our clients first. Always. Our dedicated team will work tirelessly on your behalf.
Contact us through our website or by phone to schedule your free initial case evaluation with a member of our team today.
