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Many people use Uber not only for its convenience, but for safety reasons; especially after a night out drinking. However, what may seem like the responsible thing to do can still lead to a horrific accident with potentially debilitating injuries. One accident could change your life forever.
What makes this situation even worse is that an Uber accident is not your average car crash claim. Uber accidents are often quite complicated and tedious. However, you do not have to go through this process alone. With the assistance of a California Uber accident lawyer, you could pursue the compensation you deserve.
Gomez Trial Attorneys have represented Uber accident victims. As a result, we not only know the hardships you are going through, but we also know that you need someone you can trust during this challenging time. Someone that can provide you with the legal answers and information you need. Someone ready to fight for you. At Gomez Trial Attorneys, we can do all that plus so much more. Contact us today to learn more about your legal rights moving forward.
Even though we consider ourselves a boutique law firm, we make sure to zealously fight for our clients and have won awards and settlements like a high-powered corporate firm. Since our founding in 2005, Gomez Trial Attorneys has handled many prominent cases, collecting over $750 million in settlements and verdicts, and winning more than 135 awards of more than $1 million for our clients.
With our drive and resources, we can obtain the compensation our clients need. But more importantly, we can also provide our clients with a personalized approach, giving them the attention and respect they want. In the last few years, our firm has received national recognition from major media outlets, including CNN, NBC, BBC, and The New York Times. We have taken on high-profile cases, including the American Beauty murder case, which resulted in a $106 million jury verdict.
We fight against large corporations such as Lexus, Johnson and Johnson, and Starbucks regularly. While there can be no guarantees, we fight to get the best results possible for our clients.
No matter how large or small your case may be, at Gomez Trial Attorneys, we are here to stand beside you and fight for the justice you deserve.
In today’s culture, ridesharing has become a significant part of our transportation network. But, what exactly is ridesharing? Ridesharing is a service where a passenger pays money to travel in another individual’s personal vehicle for a one-time ride to get to their destination. One of the most widely-known rideshare companies is Uber.
Yet, even though these ridesharing services resemble classic services such as a taxi, there are quite a few differences between the two:
Riding in an Uber carries the same risks as driving in any other vehicle. This means that, even if you have the most cautious Uber driver, you can still get into an accident.
There are many different ways an Uber accident can occur.
However, more frequent accidents include:
If there is a motor vehicle accident in California, responsibility for this crash is often due to negligence. This means that if a driver’s actions were negligent and resulted in an accident, the negligent driver could be liable for the damages. This theory of liability also applies to Uber drivers.
Consequently, if you were injured in a vehicle accident involving an Uber, you would need to prove these elements of negligence to collect damages:
This duty of care means that motorists need to use reasonable care when driving their vehicles. Reasonable care includes watching out for obstacles, pedestrians, and other vehicles. It also means taking specific safety measures such as not speeding, swerving, or participating in other aggressive behavior. Failure to use reasonable care when driving can result in a driver’s negligence.
Uber has an obligation in California to ensure that all of their rides are covered by insurance. This insurance is either carried by the Uber driver or the company itself. However, this insurance comes with many coverage gaps and depends on the Uber driver’s activity at a particular point in time.
This activity is classified into the following periods.
When the Uber driver is offline and gets into an accident, the driver’s personal automobile insurance applies.
In this situation, the Uber driver’s own insurance will kick in if an accident occurs. However, during this period, Uber will cover some claims if the Uber driver’s personal insurance does not fully cover the amount. This can include accidents where the Uber driver damages another individual’s vehicle or hurts someone else in a car accident.
In these situations, Uber provides the following coverage:
During Period 2, there is a $1 million insurance policy that Uber carries to cover both the passenger and the driver.
This period begins when the customer enters the Uber vehicle and ends when the customer leaves the vehicle. The minimum insurance requirements for this period include:
Unfortunately, those that use Uber for transportation are not immune to accidents. Passengers and drivers who are in an Uber accident can suffer devastating injuries.
Some of the more common types of injuries include:
After a motor vehicle collision, the scene is chaotic, and you may have no idea what you need to do. However, the actions you take following an Uber accident are significant. These steps will not only protect your safety and health but your legal rights as well.
These steps include the following:
In California, you have two years from the date of the Uber accident to file a claim. If you do not file within this period of time, you can be barred from recovering compensation for your losses. Additionally, this statute of limitations may be shortened or extended, depending on the case’s specific facts. That is why it can be critical to discuss your case with a California Uber accident attorney as soon as possible. These lawyers can help verify whether you have a viable claim and determine exactly how much time you have to file your case. Contact Gomez Trial Attorneys for more information today.
If you are harmed in an Uber accident, you could recover certain types of damages for your injuries. Common damages that victims pursue include economic, non-economic, and punitive damages.
Economic damages: The actual monetary losses that resulted from the accident, including:
Non-economic damages: These difficult to quantify losses can include:
Punitive damages: These specific damages are awarded only when the court finds the defendant’s actions so egregious that they want to punish and prevent them from committing the same act again in the future.
Following an accident, many victims make the mistake of thinking that the insurance company will want to help them, especially when the accident was not their fault. Unfortunately, this is not necessarily how the insurance company will operate. When dealing with Uber’s insurance company, the Uber driver’s insurance, or even a third party’s insurance, you should be prepared for a fight. These insurance companies, like other businesses, want to make money.
As a result, they may try to either deny your claim or pay you less than you deserve. That is why it is vital to watch what you say to an insurance adjuster. In most cases, it is best to provide them with only the basic details of the accident and leave the rest of the communications to your attorney. Your lawyer can handle all of these talks without diminishing your compensation.
After any motor vehicle accident, it is normal to feel scared or overwhelmed. However, following an Uber accident, victims often have no idea what they need to do next or what steps they need to take following this type of collision. As a result, these victims have to deal with many unknowns and may have no idea to whom to turn.
However, the below frequently asked questions can provide you with some of the answers you need regarding Uber accident issues to help you decide what your next legal course of action needs to be. Speak with the attorneys at Gomez Trial Attorneys for questions regarding your specific circumstances.
No. You should not lose access to your Uber account if you pursue a valid injury claim against their insurance policy. In fact, Uber even indicates in its Terms of Use that all claims need to be brought through arbitration against the company. Yet, in some cases, when a victim files a claim with the insurance company, Uber may put their account in limbo. This could be a huge detriment, especially for those who rely on Uber for their transportation needs.
That is why, if you feel that Uber has unfairly blocked you for filing a claim, you should speak to a California Uber accident attorney as soon as possible. They could look into your case and figure out precisely what is going on.
Even though Uber has a hotline where you can report your accident details, it is not advised to speak with their insurance company on your own. Their insurance is a large business. Businesses generally want to make money. However, some companies may have the perspective that the only way to accomplish this goal is by denying your claim, or by paying you out less money. As a result, they will try to do anything to minimize your claim and use tactics to get you to admit fault or to state something that will limit your ability to make a claim.
If you are involved in an Uber accident speak with a California Uber accident attorney before you speak with the insurance company. These lawyers could handle all of your communications with the insurance company, which can help ensure that your case is treated with the fairness and respect it deserves.
No, Uber does not require training for its Uber drivers. However, they require that their drivers are at least 21 years old and have one year of experience as licensed drivers in the United States. If the driver is under 23 years old, they need to have three years of experience. Additionally, Uber requires the drivers to have a valid United States license and drive an eligible four-door vehicle.
Unfortunately, there is no one specific reason why Uber accidents occur. However, typical contributors to Uber accidents include:
Individuals hurt in an Uber accident are often dealing with a lot—significant injuries, ongoing medical expenses, and numerous uncertainties about their future. These victims want to get the compensation they deserve for the harm they endured, and one of the fastest ways to receive this compensation is by filing an insurance claim.
However, before filing a claim, you need to figure out which individuals you can pursue a claim against:
Following an accident, you should speak with a California Uber accident attorney as soon as possible. These lawyers can go over your accident, figure out whether you have a viable claim, and come up with a plan to collect maximum compensation.
If you try negotiating with the insurance company, but they do not want to extend a fair offer to you, you could file an Uber accident suit in California.
Depending on your Uber accident, numerous individuals may owe you compensation, including:
You should get examined by a medical professional, even if you do not think your injuries are significant following an Uber accident. A doctor could check you over and help verify that you do not have any hidden or undisclosed injuries, such as a brain or head injury. These injuries do not always develop right away and can lead to significant problems and health issues later on.
Additionally, a doctor will document all your injuries in their medical reports. This medical report can play a vital role in your claim, primarily if the other side or the insurance company argues that your injuries resulted from a separate or subsequent event. As a result, seeing a medical professional following the accident can help back up your claim for damages.
See one of the following medical professionals:
If your loved one was in a fatal Uber accident in California, the surviving family members may be able to recover damages.
Under the wrongful death laws in California, specific family members could file claims to retrieve the following damages:
Additionally, a wrongful death suit is usually brought together with a survival cause of action. These survival causes of actions are brought on behalf of the victim’s estate to compensate for damages suffered by the deceased victim before their death.
Uber’s accident lawsuits can be complicated, confusing, and stressful. Following an Uber accident, you are already dealing with enough. You do not need to worry about the complex legal proceedings involved with these types of accidents.
Uber Accident Attorney, John Gomez
That is why Gomez Trial Attorneys is here for you. Our attorneys understand that Uber’s insurance company may try to take over the situation and offer you as little compensation as they can. We also know that it can be hard to decipher what legal actions you can pursue against Uber. This especially true after California’s new laws.
But you do not have to worry, because we are ready to fight on your behalf.
If you or a family member has been harmed in an Uber accident. You need a legal team that can fight for your rights. Do not wait any longer. Contact Gomez Trial Attorneys today at 866-TRIAL LAW (866 874-2552).
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