In California, every driver is at risk of an accident while driving; however, ride-share drivers are uniquely susceptible to a vehicle crash due to the amount of driving they do and the likelihood that they’re more exhausted than the average driver. For instance, a lot of rideshare drivers are driving as a second job, making them more likely to be tired while driving on the road.
Another factor that makes rideshare accidents unique is that the legal process when pursuing damages against a rideshare driver may be different than when you take legal action against a regular driver. In this article, we’ll cover accidents with specific rideshare companies and provide you with legal oversight for certain scenarios.
For more information about your rideshare accident, contact Maison Law today for a no-cost, no-obligation consultation.
How Maison Law Can Help California Rideshare Accident Victims
Rideshare companies like Uber and Lyft consider their drivers independently contracted employees. So, in most cases, if you find yourself in an accident with one of their drivers, you would file a claim against the driver’s personal insurance policy, not the company. However, depending on the situation, the rideshare company could be held liable for the accident. For example, if Uber or Lyft knowingly hired someone unqualified or with a bad driving record, they could be held responsible.
Making this determination can become a complex and time-consuming issue, as rideshare companies will have a team of lawyers ready to defend them, even if the company is clearly at fault. For this reason, it is advisable to seek the counsel of a Rideshare Accident Attorney at Maison Law. Our firm will begin managing your accident claim by:
- Investigating and determining wrongdoing or recklessness: Delivery driver accidents are complicated due to the amount of potential liable parties involved. Typically, there will be several people to get statements from, and some parties may only be discussing their involvement through their attorneys.
- Collecting and preserving key evidence: Walmart Spark driver logs, street cameras, dash cams, and witness statements are all key points of evidence for your case. A lawyer can take the proper legal steps to obtain this information and strengthen your claim against the liable party’s insurance.
- Communicating with insurance companies and other attorneys: When dealing with major corporations and defense attorneys, it is recommended to have a personal injury attorney speak to the insurance adjusters on your behalf. Oftentimes, insurance companies will attempt to trick you into taking part of the blame or get you to say something that hurts your claim. An attorney can protect your liability and right to fair compensation.
- Proving liability: with several parties being involved, any number of them could have caused or contributed to the incident. This makes determining and proving liability challenging. An attorney will assign a team of investigators to determine the cause of the accident, identify all liable parties, and hold those responsible for compensating you for your damages.
What Happens If You Get in an Accident With Uber?
The outcome of an Uber accident will depend on the details of the accident, as well as the insurance coverage of the driver. For example, if the at-fault driver was an Uber driver waiting for a ride request, Uber offers liability coverage for its employees up to $50,000 per person, $100,000 per accident, plus $25,000 for property damage.
Also, if the at-fault driver was an Uber driver on their way to pick up a passenger, or if they already had a passenger in their car, liability insurance coverage increases to $1,000,000. However, just because a policy is $1,000,000, it does not mean you are entitled to it.
The insurance company will fight you for every dollar, which is why it’s important to consult with an attorney at Maison Law to ensure you are paid what you’re owed. To explore your legal options, contact us today for a free case review.
Submitting an Insurance Claim to Uber Eats
While an accident with an Uber Eats driver may seem like any other accident, there are a few distinct differences. According to Uber Eats, they maintain a $1 million liability insurance policy for their drivers. Anyone looking to file an insurance claim with Uber can do so here. According to Uber, their insurance coverage depends upon whether the driver was:
- Offline
- Online
- En route
- On-trip
- Or operating solely on their own insurance policy
So, if the Uber Eats driver caused the accident, then the driver’s Uber Eats work app must reflect that they were in transport for work when the accident occurred. If the driver was not performing a work-related activity, then you would most likely need to file a claim against the driver’s personal injury policy.
What Happens When You Get Into an Accident with a Walmart Spark Driver?
Walmart Spark driver accidents should be handled the same as your typical car accident. Unlike other “gig work” such as Uber Eats or DoorDash, Walmart Spark does not offer any auto insurance for their delivery drivers. So, if you get into an accident with a Walmart Spark driver, it is recommended to follow these steps to protect yourself from liability and build a strong claim:
- Gather the driver’s information and insurance policy
- Notate whether the driver was making a delivery or not
- Understand which city, or local laws may apply to delivery service accidents
- Most CA cities require car delivery drivers to be 18+ years of age with a valid license and insurance
- Do NOT admit fault
- Get a copy of the police report
Insurance companies deal with thousands of accidents all over the Golden State every year, so it may be difficult to get them to pay attention to your claim. However, if you partner with one of our attorneys at Maison Law, we will take swift legal action, so the at-fault driver’s insurance company will have no choice but to take your claim seriously.
Taking Legal Action Against a DoorDash Driver
If a DoorDash delivery driver causes an accident and you suffer injuries, the driver’s personal insurance coverage will provide some coverage for your damages. However, if you’ve suffered serious injuries beyond the DoorDash driver’s insurance policy, then DoorDash’s insurance will cover the excess costs.
DoorDash driver insurance policies can cover up to or more than a million dollars. However, whether or not you have access to that insurance policy will be dependent upon if the driver was actively performing a task for DoorDash at the time of the accident.
This is why the details of your accident matter when it comes to receiving compensation for your damages, especially when pursuing a claim against a corporation such as DoorDash. Certain circumstances can complicate a personal injury lawsuit against DoorDash driver who caused the car accident. These circumstances include:
- There is a dispute or uncertainty about whether the driver was in the process of delivering food for DoorDash or not when the accident occurred
- The DoorDash driver did not have the legally required insurance coverage
- The DoorDash driver’s insurance policy excludes commercial activities such as working for DoorDash
- The police report rules that the DoorDash driver was not at fault for the accident
What is the Average Settlement for a Rideshare Car Accident?
If you are not found at fault for the accident, then you are entitled to whatever settlement amount you and the insurance company agree upon. It is important to note that insurance companies are looking out for their business, not your well-being. So, the best way to maximize your settlement amount is to partner with a personal injury attorney.
When it comes to understanding the value of your rideshare accident case, it is important to know that there is no average accident settlement, as the details of each incident vary on a case-by-case basis. However, the following factors will play a large part in determining the total value of your rideshare accident:
- Severity of injuries: These can be broken down into 3 tiers, with Tier 3 being the most severe.
- Tier 1: Minor, non-surgical injuries such as strains, sprains, and contusions.
- Tier 2: Deep lacerations, broken or fractured bones that require surgical intervention
- Tier 3: Traumatic brain or spinal cord injuries, resulting in temporary or permanent function loss
- Insurance coverage: the extent of the at-fault party’s insurance policy
- Lost income: Total amount of lost wages, which were a direct result of the injuries sustained from the accident.
- Medical Expenses: Medical expenses incurred from your injuries and any future medical treatments you may expect to have.
- Pain and Suffering: Emotional stress, trauma, and anxiety caused by how much your life has changed since the accident.
Contact Maison Law | California Rideshare Accident Lawyers
Rideshare accident victims in California often find themselves at a loss for where to turn for answers. The mounting medical bills, missed time at work, and dealing with insurance companies can become overwhelming quickly.
That’s why, at Maison Law, we help injured victims get a lawyer, get paid, and get back to living a normal life as quickly and efficiently as possible. We have the legal resources to get your case resolved and get the financial results you need.
To speak to an attorney about your legal options, contact Maison Law today for a free consultation and case evaluation.
