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Claim adjusters will look at the objective evidence from the accident scene. This includes points of impact on the vehicles, damage to the vehicles, any signs or lights at the accident scene, and possible violations of State or local laws.
They will then match this physical evidence with subjective evidence, such as statements about the accident from directly involved parties and other witnesses. With both kinds of evidence in hand, claim adjusters will come to a determination as to who was liable.
The only factor impacted by when an accident occurs is the amount of coverage afforded. If you’re a passenger, you have coverage through the rideshare platform from the moment you’re inside of the driver’s vehicle.
There are some differences for the driver. If your app is off as a driver, you would be covered by your own personal insurance. If your app is on and you’re waiting to be connected with a rider, you’re quite vulnerable, as the platform will only provide you with basic liability coverage of $50,000 at this stage. The remaining damages would have to be sought from the other driver’s insurance company.
From the moment you’ve been matched with a rider and begin to drive to pick them up, you’re then covered by the platform’s full million-dollar liability policy, uninsured motorist coverage, and collision coverage. This holds true for both passengers and drivers after pickup and on route.
Contributory negligence is an accusation often leveled at rideshare drivers by commercial insurance companies. They will try to claim that a driver was a certain percentage at fault for an accident and seek to reduce awards by that degree. For example, if you, as a driver, have a $100,000 case and are argued to be 30% at fault, the insurance companies will offer you only $70,000.
For rideshare passengers, contributory negligence would be a very rare accusation. An exception would be if you as a passenger do something extraordinary and very dangerous such as cover your driver’s eyes with your hands or yank at the steering wheel.
An informed and competent personal injury attorney will be familiar with vehicle codes, laws, and statutes that can be highly beneficial to you. They’ll have a bird-eye view of the law, and after evidence has been gathered, they’ll have an excellent perspective on the mechanics of the accident.
Your attorney will canvas the area of the accident for businesses, witnesses, security footage, and Ring footage and send evidence preservation letters to these businesses and individuals. This helps acquire every possible angle on your accident and will be helpful evidence when insurance companies are negotiated with.
Finally, once the insurance companies understand that you’ve hired an attorney, your case is handed to an insurance adjuster with more experience and the ability to award higher amounts. Hiring a lawyer sends a strong message that you know your rights, you’re not willing to settle, and you’re able and ready to fight for a fair payout.
You should definitely still seek damages. Remember, you are not going after the rideshare driver, their home, assets, or bank account. What you are doing is taking insurance companies to task for a policy that exists for this very reason.
The other option is for you, as a victim, to bear the brunt of your medical expenses, lost wages, and pain and suffering. That’s not a burden you should have to shoulder. Letting the insurance company off the hook helps wealthy companies stay wealthier and leaves you with nothing.
Getting in touch with an informed, caring attorney after an accident is the best thing you can do for yourself as an injured party. Remember, you deserve to have your rights respected, your injuries addressed, and your pain compensated.
For more information on Understanding Liability In Rideshare Accidents, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (818) 699-0492 today.