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San Diego Ridesharing Attorneys

San Diego Ridesharing LawyerDid a careless or negligent rideshare driver crash while you rode in their car? Did they crash into your vehicle, or into you while you were walking in San Diego? Or did another negligent driver leave you injured while you rode in a San Diego rideshare vehicle?

Regardless of how it happened, you may have sustained injuries and are watching the bills pile up for medical expenses while your inability to work further squeezes your finances.

If so, call the San Diego Ridesharing Lawyers at Gomez Trial Attorneys. We can help you recover the compensation you deserve for an accident you didn’t cause.

While we wait for your call to discuss the specific facts of your case, we’ve collected answers to many of the questions our clients ask us. We hope they help you to decide to give us a chance to hear your story and decide whether you have a case we can pursue for you.

San Diego Ridesharing Accident FAQ

Ridesharing services like Uber and Lyft provide convenient and, in many cases, safer transportation options throughout San Diego. Not only can you use ridesharing services to provide an easy option when you do not want to drive, they can also offer safe transportation after a night out on the town. Unfortunately, the convenience of those options does not mean that they can’t end in an accident.

Did you suffer serious injuries in a ridesharing accident? If so, you may have many questions related to your claim, including how to go about seeking compensation for your injuries. Contact an experienced San Diego car accident attorney to ask any specific questions you may have about your claim and your right to compensation.

1. Can I file a claim against the rideshare driver’s insurance company, even if that driver did not cause the accident?

Uber and Lyft drivers carry insurance policies provided by the ridesharing company that offers a high degree of compensation for anyone injured in an accident with that driver. Both Uber and Lyft can offer up to $1 million in insurance, depending on the driver’s status at the time of the accident.

In some cases, you may have grounds to file a claim using that insurance policy even if that driver did not cause the accident, especially if the other driver did not carry insurance or carried inadequate insurance to cover the damages you suffered in the accident. Contact an experienced San Diego ridesharing accident attorney to learn more about your right to compensation after a ridesharing accident.

2. How do I file a claim against a ridesharing driver who does not have a passenger at the time of an accident?

A ridesharing driver not using the app at the time of the accident does not count as an Uber or Lyft driver when it comes to an insurance claim. Once the driver turns the app off, you should plan to file for compensation through the driver’s usual insurance company.

On the other hand, if the driver has the app on and running, the driver’s status can determine the extent of the insurance coverage the company offers.

  • If the driver has his status set to “available” while he waits for a customer: If the driver’s personal auto insurance does not apply, Uber and Lyft offer lower-coverage insurance during those available periods. Uber, for example, offers up to $50,000 in bodily injury protection for victims injured in an accident with its drivers while they wait for a ride.
  • If the driver is headed out to pick up a passenger: Once a driver heads out to pick up a passenger, full coverage applies under Uber’s policy.

Talk to an attorney to learn more about how a driver’s status can impact the coverage you receive following a serious ridesharing accident in San Diego.

3. Can I file a claim against Uber or Lyft directly for an accident caused by one of their drivers in San Diego?

The insurance provided by a ridesharing company generally offers more than adequate protection and compensation for most injuries. Call our attorneys for help in filing these claims. We can also investigate to see whether the rideshare company itself bears any liability.

4. What if I suffered an accident in a ridesharing vehicle in San Diego due to mechanical failure? Who bears liability for that accident?

Both Uber and Lyft mandate that their drivers have safe vehicles in working condition to transport passengers for the company. A mechanical failure, including tire blowouts or brake failures, can cause severe injuries in an accident.

If you believe that a mechanical failure contributed to your accident, liability may rest with:

  • The owner of the vehicle. Uber and Lyft drivers may spend long hours out on the road each day, adding miles to their vehicles. As such, they must maintain them more often and may need to replace parts, including tires, more frequently than drivers who only drive for personal use each day. If the owner ignores problems with the vehicle that later lead to an accident, he may bear liability for an accident that occurs due to that negligence.
  • The vehicle or part manufacturer. In some cases, mechanical failure may occur due to an error on the part of the manufacturer, either of the vehicle itself or one of its parts. If the failure occurs due to improper safety precautions or sending out a vehicle or part that causes an accident, the manufacturer may bear liability for the accident and your injuries.
  • A mechanic who recently worked on the vehicle. Say an Uber or Lyft driver recently had his brakes replaced, but the mechanic who replaced those brakes made an error that led to the loss of pressure in the brake lines. As a result, the driver could not safely bring his vehicle to a stop. The brake failure caused a serious accident. In this case, the driver’s mechanic may bear liability for the accident, since he committed an error that led to the failure.

Locating all parties who share liability for an accident can increase the compensation you receive. Talk to your attorney if you believe other factors may have contributed to your accident, including mechanical failure.

5. How much compensation should I expect after a San Diego ridesharing accident?

Rideshare Accident in San DiegoAfter a San Diego ridesharing accident, you may notice your bills increasing fast. Medical bills, in particular, can add up quickly. How much compensation can you expect for those bills?

Consult an attorney to learn more about the specifics of your claim and how much compensation you should expect. Often, compensation varies. However, most people include common elements in their ridesharing accident claims.

Medical expenses. Your medical expenses will typically form the foundation of any San Diego ridesharing accident claim. Medical expenses can add up immensely after a serious accident.

You may have bills from:

  • Your ambulance ride
  • Emergency room services
  • Surgeries and procedures
  • Hospitalization
  • Durable medical equipment
  • Long-term care
  • In-home care
  • Modifications to your home
  • Therapy (including psychological, physical, and occupational)

Keep track of all medical bills related to your ridesharing accident, since you will need to establish proof of the bills you faced as a result of your injuries.

Lost income. In addition to your medical expenses, your San Diego ridesharing accident claim will usually include lost wages: the income you lost as a result of your inability to work following your accident. Many people find themselves unable to work for months following serious injuries. Sometimes, your employer will work with you to get you back in the office as soon as possible. Other times, you may need to wait until you have progressed further in your recovery, either because your injuries prevent you from working altogether or because your company will not accept liability for allowing you to work as you recover.

Include immediate lost wages due to shortened time at work as well as longer-term losses as you attend appointments or have to miss work due to procedures or therapies.

Pain and suffering. In addition to the damages you can calculate based on your actual financial losses, you can include compensation for pain and suffering from your injuries. Not only does the pain and suffering category of your San Diego ridesharing accident claim include the physical pain associated with your injuries, it may include emotional distress and losses related to your injuries. Talk to your attorney to learn more about how to incorporate these elements as part of your claim.

6. What if I lost the ability to work in my industry after a San Diego ridesharing accident? How do I claim compensation for my lost job?

Some injuries can cause you to permanently lose the ability to work in your industry. For example, if you suffer a severe traumatic brain injury, it could permanently prevent you from working in a highly technical industry or a creative profession. Likewise, if you suffer spinal cord damage, it could prevent you from completing construction work or working in a factory. Losing the ability to work in your industry can cause emotional distress as well as significant financial challenges.

Talk to an attorney about how to address lost earning potential as part of your ridesharing accident claim. An attorney can help you include compensation that will help you pay your bills while you pursue another kind of employment. Compensation for lost earning potential can also help you go back to school or obtain a new certification that will allow you to work in a different industry.

7. I got a call from the ridesharing service’s insurance company shortly after my accident, and the company made a settlement offer. Should I take it?

Talk to a San Diego rideshare attorney before accepting any settlement offer made by an insurance company. Keep in mind that ridesharing services deal with accidents regularly. They know how to make a settlement offer that sounds appealing on the surface, but that will not provide you with the full compensation you deserve for your injuries. The insurance agent may pressure you to accept an offer quickly, even making you feel that the offer will go away if you do not accept fast.

An attorney, on the other hand, will give you a better picture of how much compensation you really deserve and how to go about getting it. A rideshare attorney will also let you know whether you should accept an offer given to you by the insurance company or continue to negotiate for the compensation you really deserve for your injuries.

8. How much does it cost to hire a rideshare accident attorney after a San Diego ridesharing accident?

Number1Award2019Some people want to avoid hiring an attorney after a ridesharing accident because they fear that the cost of the attorney will outweigh the good, especially if they already have substantial bills to deal with. Many attorneys, however, will start by offering a free consultation to review your claim and get a better idea of how to handle it.

After that, an attorney that decides to accept your case may accept it on a contingent fee basis: that is, the attorney may allow you to pay for that legal assistance based only on a percentage of any settlement or award, rather than having to pay a fee up front. For many victims, this offers an effective way to receive legal assistance for your injury claim without worrying about up-front attorney costs.

9. Do rideshare drivers have extra legal responsibilities or receive additional training?

Ridesharing drivers do not need to undergo any additional training to drive for these big companies. For the most part, they have only the same basic skills you would expect of any other driver. They also do not bear any additional responsibilities on the road: that is, they must follow the same rules of the road expected of any other driver. Ridesharing drivers also get held to the same standards as other drivers, which means that when they cause accidents, they must accept liability and manage the penalties associated with those accidents.

10. Can I file a claim if I suffered injuries as a passenger in the ridesharing vehicle during the accident?

Yes. Uber and Lyft both may be liable for compensation to passengers using their services at the time of an accident.

Call Our San Diego Rideshare Attorneys Today

Attorney John Gomez

Rideshare Attorney, John Gomez

Since 2005, Gomez Trial Attorneys has served accident victims in the San Diego area. Led by John Gomez, a Yale alumnus who was rated the number one attorney in San Diego in polling conducted by Super Lawyers for two consecutive years, we have recovered hundreds of millions of dollars for our clients. Now we want to help you—no matter how complicated your case is. We’re not afraid to take cases to trial if that’s what it takes to get our clients the money they need to pay their bills and recover from their injuries.

You have nothing to worry about—we offer a free consultation and work on contingency, so you will never pay us anything for our services.

For your free consultation, call us at 866-TRIAL LAW (866 874-2552) or email us using our contact page.

Gomez Trial Attorneys
655 West Broadway, Suite 1700
San Diego, CA 92101

Review: 5/5
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“Mr. John Gomez and his team, Gomez Trial Attorneys, are very passionate about the work they do. They never left us alone and were always in our corner every step of the way. Never once during the process did we ever feel we were in this by ourselves. They are very diligent, thorough and compassionate at the same time. We had a delicate case and they always made sure we were comfortable. The made it easy for us to meet with them and very accommodating. They definitely did all their homework and of course, the result was a positive outcome.”

Review by: Clemente C.
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