Uber / Lyft Accidents
Every Uber Driver in Las Vegas must meet these basic requirements:
- They must be 21 years of age or older
- They must have 3 years driving experience.
- They must have a clean driving record.
- They must have an in-state driver’s license (depending on their state).
- They must pass a background check.
- Uber Car Requirements in Las Vegas:
- The vehicle cannot be older than 15 years
- Minimum of 5-7 Factory-Installed Seatbelts
- 4-door car or minivan
- Good condition with no cosmetic damage
- No commercial branding
- Pass the Uber vehicle inspection requirements
Every day millions of people take advantage of these two rideshare options. The convenience of requesting a ride by opening an app on your phone and minutes later you’re on your way to your destination is something most of us already can’t imagine living without. Unfortunately though, Uber and Lyft drivers do not come with a guarantee that protects they won’t be involved in an auto accident while you’re in their vehicle.
Uber and Lyft drivers have a responsibility to their passengers to always drive safely and without distraction. But when a rideshare driver fails to comply with this duty to their passengers and gets into a collision with another vehicle, if their passenger (s) are seriously injured as a result, the question of who is liable to pay for the passenger (s) injuries isn’t as straightforward as it should be. This is why working with a Las Vegas injury attorney who is experienced in handling Uber/Lyft accidents can make a huge difference in the amount of compensation the injured passenger (s) receives.
The kind of severe injuries that can result from being involved in an Uber/Lyft auto accident include:
- Traumatic brain injuries
- Spinal injuries
- Neck injuries
- Internal injuries
- Lower back injuries
- Herniated discs
- Broken or fractured bones
- Paralysis (temporary and permanent)
- Loss of limb
Who is Responsible to pay for Damages
Uber and Lyft each carry a one million dollar liability coverage for their drivers when they carrying passengers. This coverage is there to pay for injuries sustained by their passengers, as well as for claims that may come forth from the other motorist (s) involved in the accident.
But rideshare drivers are not classified as employees of Uber or Lyft. Rideshare drivers are obligated to sign a contract before they are eligible to begin working that states they are independent contractors. What this means is the driver, and not the company called Uber or Lyft, is generally liable in the event of an auto accident. The word ‘generally’ is used because Uber and Lyft have clauses in their insurance policies that stipulate exact terms of when an injured passenger or anyone else who may have been injured as a result of one of their drivers being involved in an auto accident can collect from the company or sue the company.
Uber and Lyft liability insurance coverage kicks in when:
- Motorists are injured in collisions where an Uber or Lyft driver was at fault.
- Passengers in either vehicle are injured and the rideshare driver was at fault.
- Pedestrians or bicyclists or anyone else are injured by a ridesharing driver.
- Uber or Lyft drivers are injured in an accident where another driver was at fault.
The liability insurance restrictions that are constructed into the insurance policies of Uber and Lyft and other rideshare apps are called phases; if at the time of the accident a rideshare driver had their app turned off, the driver would not be considered as working at the time of the accident, and therefore the driver’s personal auto insurance policy would be liable to pay for damages. Another way Uber/Lyft can evade an lawsuit is if at the time of the accident, a driver had their app on, but was not carrying a passenger (s).
Until legislators craft new laws regulating digital platforms such as an Uber and Lyft, the question of who is liable after a rideshare auto accident will remain confused. This is why it is especially important to have an experienced Las Vegas Uber Accident attorney fighting to protect your legal rights to receive full compensation.
Why you need a Las Vegas Uber Accident Lawyer
Because insurance companies are in business to make money and don’t like paying out and will do everything they can to protect their profits. Insurance companies employ many shabby tactics to confuse and frustrate victims as a way of pressuring them into accepting a settlement amount that falls very short of meeting their hospital and medical expenses and lost wages and potential lost earnings.
More often than not, insurance companies will assign you a date and time to be examined by a doctor that represents the insurance company. This doctor is not an independent or neutral medical expert. This doctor has one job – to totally discredit or significantly downplay the seriousness of your injuries. One of the ways an insurance doctor uses to mitigate your pain and suffering is to write an evaluation stating what is hurting you is simply a flare-up from a preexisting condition. Without an experienced Las Vegas Uber Accident Attorney representing you, there may be very little you can do on your own to defend against the actions of an insurance company.
Because companies like Uber and Lyft are also in business to make money and will do everything they can to protect their bottom line, if you or a loved one has been seriously injured as a passenger in a rideshare accident, or if your car was damaged in a collision with an Uber or Lyft vehicle, you may be at risk of not collecting enough compensation to cover your medical bills, lost wages or property damage to your vehicle.
Anytime an Uber or Lyft vehicle is involved in an auto accident, there may be limited liability coverage for specific circumstances. In accidents where you cannot sue the company and are dependent on the rideshare driver’s personal liability and comprehensive package, a rideshare driver who doesn’t own property or have other assets, may only be carrying the minimum insurance amount legally required in the state of Nevada. If you have a qualified Las Vegas Uber accident attorney representing your claim, even in these kinds of situations, your attorney is knowledgeable in how to best navigate through all the complexities to ensure you receive maximum compensation to cover all your expenses plus pain and suffering.
What to Do if You’ve been Injured in an Uber/Lyft Accident
- Get medical attention – even if you think your injuries are not serious, get a medical exam. Sometimes a hidden trauma to the body can take a few days after the accident to reveal itself.
- Make sure to document everything; the time of the accident and the weather conditions.
- Take down both driver’s cellphone numbers and email, and if possible, take a photo of their driver’s licenses and insurance cards as well.
- Take photos of both vehicles from all angles. Take photos of the scene of the accident to show any pertinent signage or skid marks.
- Keep in mind that an insurance company will try to pay you the smallest amount possible. Do not accept a quick insurance settlement. Once you accept, it is almost impossible to go back and ask for more compensation. If you accept their settlement, and then for example, your back pain isn’t going away and you find out you need ongoing treatments for an extended length of time, or an injury in another part of your body is damaged worse than doctors initially thought, you may be left with no recourse to seek additional compensation to cover the additional medical expenses incurred.
How much Time Do I Have to File a Lawsuit in Las Vegas
In the state of Nevada, the deadline to file an injury lawsuit after an auto accident is two years
from the date of the accident.
The Time You Have to File a Claim is Limited. Contact Us Today.
Uber has fought hard in our nation’s courts to keep its liability policy constructed in such a
way as to avoid paying on claims even when its drivers were clearly at fault and caused
serious injuries to their passengers.
Your injuries do affect your compensation
How serious your injuries are will determine the amount of compensation due you.
- Lost Wages and Earnings
- Hospital and doctor bills
- Expensive medications
- In-home medical equipment if necessary
- Your pain and suffering and mental anguish
If you or a loved one has been seriously injured in an Uber or Lyft accident in Las Vegas,
please contact Gina Corena & Associates. She will make sure that your rights are
protected and that your injuries, pain, and suffering are fully compensated for. And if
necessary, Gina Corena will fight aggressively in court to ensure you receive the maximum
compensation you deserve.
Of course no amount of money can make up for your pain and suffering, but knowing your
medical costs and loss of earnings are being compensated can help to reduce stress
and give you peace of mind to focus on your health and recovery process.
Make Gina Corena and her highly experienced legal team your Champions of Justice. Call Today (702) 680 – 1111