Montgomery County Uber and Lyft Accident Lawyer
Many residents and visitors to Montgomery County use rideshare services like Uber and Lyft as a normal method of transportation: they offer convenience and accessibility, especially if you are not familiar with the roads. However, the rise in rideshare rides has precipitated an increase in rideshare accidents. If you have sustained an injury in an accident that involved an Uber or Lyft vehicle, you may be able to claim compensation to cover your associated costs.
Let a Montgomery County Uber and Lyft accident lawyer at Anthony C. Gagliano III, P.C. protect your rights.
What Makes Rideshare Accidents Different?
Rideshare accidents typically involve multiple potentially responsible parties, which complicates the process of assigning responsibility. For instance, while you may want to file a personal injury lawsuit against Uber and Lyft after a collision, these companies typically employ their drivers as independent contractors rather than full-time employees.
However, Uber and Lyft do provide insurance coverage for their drivers, which can vary based on the status of the ride in progress. If the driver was either actively transporting a passenger or was on their way to pick up a ride, the rideshare companies provide up to $1,000,000 for property damage and injuries to riders and third parties. If the app was searching for a ride without an active request in progress, the rideshare companies provide $50,000 per person and $100,000 per accident for injuries.
Unfortunately, if the rideshare driver’s app was off at the time of the accident, you will likely need to look elsewhere for compensation.
Can I File an Insurance Claim with the Driver’s Insurance Company?
New Jersey is a no-fault insurance state, meaning that regardless of fault, all parties in a car accident must file claims with their own insurance companies rather than the at-fault driver’s. However, you may have options if your insurance policy does not sufficiently cover your injuries.
State law requires New Jersey drivers to purchase car insurance before registering and driving their vehicle. A “basic” insurance policy must provide personal injury protection (PIP), liability insurance, and uninsured motorist insurance. If the driver would like, they can upgrade to a “standard” insurance policy, which includes bodily injury liability insurance and a right to sue.
Under this right to sue, you can choose either a “limited” or “unlimited” right. The former only allows you to sue a driver in an accident in the case of significant bodily injury, such as a broken bone or significant disfigurement. The “unlimited” right to sue allows you to bring a lawsuit regardless of the damage.
If you opted into a standard insurance policy, depending on your injuries, you could sue the at-fault driver to recover compensation for your damages.
How Do You Prove Fault in a Rideshare Accident?
If you can file a personal injury lawsuit under your insurance policy, you must prove that another party caused your accident for the court to rule in your favor. You need to gather sufficient evidence to substantiate your claim, such as police reports, witness statements, and any available video or surveillance footage. You may also need to hire an accident reconstruction expert to demonstrate how the crash occurred and who should bear responsibility.
What Compensation Can You Recover After an Uber or Lyft Accident?
New Jersey courts generally award two types of damages in successful rideshare injury lawsuits. Economic damages cover quantifiable costs like lost wages, pain and suffering, and property damage. This compensation can also cover future medical care, rehabilitation, and diminished earning capacity in catastrophic injuries. Non-economic damages cover costs that do not have a specific associated dollar amount, such as pain, suffering, and a degraded quality of life.
To maximize the compensation, you can collect through an insurance claim or lawsuit, keep detailed records of your medical treatments, lost wages, and any other expenses related to the accident.
What Challenges Do You Face in a Rideshare Accident Case?
Rideshare accident cases often take longer to resolve than other car accident claims because of their complexity. Multiple insurance policies, corporate entities, and layers of liability can all prolong the process.
Additionally, even the most experienced attorneys take time to obtain app data, driver records, corporate policies, and other necessary evidence. Rideshare companies often resist providing this information, and insurance companies can try to dispute its relevance or authenticity.
Why Should You Seek Legal Help After an Uber or Lyft Accident in Montgomery County?
The complexities of rideshare accident claims and the complicated process of filing a personal injury lawsuit in New Jersey can feel rightly overwhelming. Even if you opt to stick with your insurance company to file a claim, adjusters often offer low settlements that fail to account for the full scope of your damages.
A skilled attorney can help present your case effectively, negotiate on your behalf, and protect your rights. Legal professionals understand the nuances of rideshare accident claims, from navigating insurance policies to gathering crucial evidence. They will guide you through every step of the claims process and build your best case.
Get Help After a Rideshare Accident with a Montgomery County Uber and Lyft Accident Lawyer at Anthony C. Gagliano III, P.C.
Anthony C. Gagliano III, P.C. will walk you through the complexities of rideshare accident claims and stick with you from start to finish. With a deep knowledge of local laws and a commitment to personalized representation, a Montgomery County Uber and Lyft accident lawyer will fight for the justice and compensation you deserve. Call us at 267-861-7100 or fill out our online form for a free consultation. Located in Philadelphia and King of Prussia, Pennsylvania, we serve clients in Montgomery County, Delaware County, Bucks County, Chester County, and Norristown.
