Though rideshare vehicles have brought convenience to travelers, increased mobility to the disabled, and job opportunities, they have also added significantly to the number of cars on the road and the potential for accidents. If you or a loved one has been in an accident involving a rideshare vehicle, you may be entitled to financial compensation. Seek legal representation from a Horn Lake personal injury lawyer from Gatti, Keltner, Bienvenu, & Montesi PLC to secure the settlement you deserve.
Types of Uber and Lyft Rideshare Accident Claims
A study from the University of Chicago shows rideshare vehicles have led to higher numbers of fatal accidents, a pattern the researchers expect is repeated for non-fatal accidents. The deaths and injuries sustained come with great emotional and financial loss.
Rideshare accidents can be between or among motor vehicles or can involve pedestrians and cyclists. Though not technically an “accident,” an assault by a rideshare driver also warrants compensation.
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Knowing Who Is Responsible for Compensating You
To secure a settlement, it is essential that you pursue that compensation from the appropriate party. Filing a claim against the wrong party can cost you your settlement. An Uber and Lyft rideshare accident lawyer in Horn Lake will evaluate your situation and come to the correct determination.
The rideshare driver or the driver of another vehicle involved in the accident may be culpable. If the rideshare company failed to complete the required background checks or allowed unsafe drivers to stay on the road, the company may be at fault.
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How to Pursue a Settlement
An Uber and Lyft rideshare accident attorney in Horn Lake will take your claim through the process to secure your best chance of receiving a maximum settlement.
Statute of Limitations
Mississippi Code §15-1-49 establishes a three-year statute of limitations for most car accident or vehicle and property damage lawsuits. This means you have three years from the date of the accident to file your claim. If you miss this deadline, your forfeit your chance to pursue a settlement.
File your claim as early as possible within that three-year statute. By filing early, you leave you and your lawyer time to deal with complications that may arise and file a lawsuit if out-of-court negotiations are not productive.
The statute of limitations for filing your injury claim is not applicable to filing a claim with car insurance companies. Insurers require you to make a claim or give notice of the potential claim promptly or within a few days or weeks at most of the accident.
Determine the Value of the Damages
In the chaos that follows an accident, which can include hospitalization or medical appointments, adjustments to work and childcare schedules, and other interruptions to your life, it can be difficult to figure out exactly how much your case is worth.
Your lawyer will examine your case carefully, calculating your medical expenses, lost income, future medical needs, the extent of your pain and suffering, and loss to your quality of life, to determine the amount of a settlement that is fair, provides you with financial security, and holds negligent parties accountable.
You have to prove the at-fault party’s negligence caused your injuries to collect a settlement. First, you need to show the at-fault party owed you a duty of care. In their position, they owed it to you to avoid unsafe actions or to take actions to preserve your safety.
Then, you have to show the at-fault party failed to fulfill that duty through their action or inaction, that this failure led to the incident that caused your injuries, and that these injuries cost you measurable damages.
Negotiate a Settlement with Insurance Companies
Uber and Lyft have insurance structures in place for their drivers. When drivers are off duty, they operate under their own car insurance. While working, they have additional coverage from the rideshare company, though there are specifics as to when that insurance kicks in.
After an accident in a rideshare vehicle, you will likely first sue the driver’s personal insurance. If their policy does not apply or is not enough to cover your damages, you may file a claim with the insurance provided by the rideshare company.
Since rideshare companies treat their drivers as independent contractors and not employees, the companies are not subject to laws of vicarious liability. Companies cannot be held responsible for their driver’s negligence.
Take Your Case to Trial
Most car accident claims are settled out of court. However, if the at-fault parties refuse to make you a reasonable offer, you may decide to take your case to court. Your lawyer will present you with your options and their potential outcomes so you can make an informed decision. If you proceed to court, your lawyer will represent you at trial.
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Negotiating with Insurance Companies – Let Your Horn Lake Rideshare Accident Attorney Handle It
The primary goal of an insurance company is to protect its assets, which means it wants to pay out as little as possible. Regrettably, insurance adjustors sometimes resort to intimidation or attempt to deflect responsibility by putting unfair blame on you for the accident. Through these actions, they hope to avoid paying large settlements.
To protect yourself from intimidation tactics and accepting an unfair offer or from false or inflated accusations, have a Horn Lake Uber and Lyft rideshare lawyer handle all communication and negotiations with insurance companies. Your lawyer has the legal expertise and experience to navigate settlement talks to secure your interests and bring you the highest settlement possible.
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Start moving toward financial relief and justice today. To schedule a free consultation with a Horn Lake Uber and Lyft rideshare accident lawyer from Gatti, Keltner, Bienvenu, & Montesi PLC, access our contact page to call or send us an electronic message. We will review your case for free, and you will not make any payments until you have received a settlement. We look forward to helping you get the justice and financial relief you deserve.