If you were involved in a rideshare accident, you might not know what to do next. The aftermath of such incidents often involves complex issues regarding liability, insurance coverage, and claims processing. A San Jose rideshare accident lawyer will help you file a claim.
Our experienced lawyers understand that taking legal action after a rideshare accident can be intimidating, but we want to encourage you to fight for your rights.
Since our founding in 2016, we have recovered millions of dollars for our clients. Schedule a free consultation with our San Jose car accident lawyers to get the fair compensation you’re entitled to.
Strong Legal Guidance for Rideshare Accident Victims
Our legal team has decades of experience advocating for injured victims. We have seen the many ways surviving an accident can change your life forever, and we want to make sure you have the money you need to rebuild.
When you work with Omega Law Group, you can expect direct communication with our San Jose personal injury lawyers 24/7. We are accessible around the clock and can provide you with the support and information you need at any hour.
Whether you have urgent questions or require updates on your case, our personal injury lawyers will address your concerns promptly while they work on getting you a fair settlement.
California’s Insurance Coverage Requirements for Rideshare Companies
An organization that provides transportation services using an online-enabled platform to connect drivers with passengers using their personal vehicles is categorized as a Transportation Network Company (TNC). In California, companies like Uber and Lyft must follow set insurance requirements for their independent contractor drivers.
The insurance policy rules vary depending on when the motor vehicle accident happened. Let’s look at a few different scenarios and how each affects an injured rideshare passenger and their personal injury claim.
The App Is Open, and the Driver Is Waiting for a Passenger
The first period of rideshare insurance coverage initiates when the driver has their rideshare app open and is actively awaiting a passenger request. During this phase, the driver is ready to respond promptly to any incoming ride requests.
TNCs can meet insurance requirements through the driver’s insurance; if the driver doesn’t have the necessary coverage, the rideshare company’s insurance should cover a rideshare accident claim.
During this first period, the insurance coverage requirements are as follows:
- $50,000 for personal injury and death per person
- $100,000 for personal injury and death per incident
- $30,000 for property damage
- $200,000 for liability per incident
The Driver Is on Their Way to Pick Up a Passenger
During the second phase, the driver finds themselves in a transitional phase after being matched with a passenger. At this point, the passenger has been assigned, but they have not yet entered the car.
The insurance coverage during this second phase typically includes primary commercial insurance up to $1,000,000. This is maintained through the driver’s insurance, the rideshare company’s, or a combination of both.
The Passenger Is in the Car, and the Rideshare Driver Is Going to the Destination
At this stage, the rideshare insurance coverage remains active, providing a comprehensive layer of protection for both the driver and passenger throughout the entire ride.
If the rideshare accident occurred at this stage, the following insurance coverages may apply: 1) $1,000,000 of primary commercial insurance and 2) $1,000,000 in uninsured motorist coverage and underinsured motorist coverage.
Taking legal action after a rideshare accident involves navigating a distinct set of procedures given the unique circumstances of rideshare incidents. The legal team at Omega Law Group will help you identify the best path to pursue compensation for your losses.
Negotiating With Insurance Companies for Maximum Compensation
If the insurance claim process after a rideshare crash appears complicated, that is because insurance companies want to discourage people from recovering their losses. These companies are businesses that prioritize their own profits over your interests.
Claim adjusters will try to minimize or deny your claim. They will employ various tactics to do so, such as seeking any inconsistencies in the provided information or challenging the extent of damages sustained.
Our legal team easily recognizes these strategies and will protect your rights. We won’t let the insurance company take advantage of your vulnerable position after a car accident. As your attorneys, we will negotiate for maximum compensation. If adjusters refuse to agree to a fair amount, we are willing to take your case to trial.
California Is an At-Fault Auto Insurance State
According to the comparative fault statute, Cal. Civ. Code § 1431.2, California operates as an at-fault auto insurance state, meaning that the driver who caused a car accident is held financially responsible for the resulting damages.
In this system, the at-fault driver’s insurance company must typically cover the medical expenses, property damage, and other losses incurred by the victim involved in the collision. This approach aims to streamline the claims process and provide a clear framework for determining liability.
Our legal team includes experienced San Jose Uber accident lawyers and Lyft accident lawyers who are intimately familiar with California’s comparative negligence laws in crashes involving rideshare services.
Proving Negligence in a Rideshare Crash
When dealing with Lyft or Uber drivers, determining fault and negligence can be more complicated than with a regular car crash. While Lyft and Uber drivers have a duty of care to their passengers, the companies that hire them also need to be responsible about who they allow to drive for them.
Rideshare companies have zero-tolerance policies for alcohol use by their drivers. Still, if Uber or Lyft hadn’t discovered that a driver had a track record of drunk driving before hiring them as an independent contractor, the company may have breached their duty of care to you.
An experienced Uber or Lyft accident lawyer can help determine who is at fault in your accident.
How Much Money Could You Get if You Were Injured in a San Jose Uber or Lyft Crash?
Like victims of typical car accidents, people who were injured in rideshare vehicle accidents caused by negligent drivers may be entitled to a variety of economic and non-economic damages, including money for:
- Bodily injury
- Emotional distress
- Loss of consortium
- Medical treatment
- Lost wages
- Reduced future earning potential
The more serious your injuries were and the higher your medical bills are, the higher a fair settlement amount will be for your case. The in-depth knowledge and top-tier representation from our San Jose rideshare accident lawyer increase your chances of receiving adequate compensation.
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What Is the Statute of Limitations for San Jose Lyft or Uber Accidents?
In California, the deadline to sue someone varies depending on the type of incident. If you want to sue a rideshare driver or company for the injuries you suffered in a crash, you have two years from the date of the injury to file a claim.
We recommend you contact a Lyft or Uber accident attorney as soon as possible after your accident. Evidence tends to disappear quicker than you might expect, memories get fuzzy, and your options may become more limited.
Hiring legal representation gives you a much better chance of receiving fair financial compensation than negotiating with the insurance companies on your own. And if we don’t get you money, you don’t owe us anything.
Call Our San Jose Rideshare Accident Attorneys Today
If you were involved in an Uber or Lyft crash in or near Silicon Valley, you don’t have to face the legal aftermath alone. The San Jose rideshare accident attorneys at Omega Law Group will guide you through the financial recovery process and protect your interests.
At our personal injury law firm, we treat clients like family. Our experienced attorneys are familiar with the challenges of rideshare accidents, maintain open communication throughout the legal process, and tailor legal strategies to meet your needs.
Contact us today to discuss the details of your case during a free consultation.
