Ridesharing services such as Uber and Lyft have grown in popularity since the invention of the concept in 2009 and with good reason. Rideshares made a name offering a balance between the services of a taxi and the convenience – and often, the comfort – of a private vehicle.
But as with any widely available service, the more something is used, the more likely people using it will run into mishaps. And, being vehicles on the road, a single mishap can have grievous consequences for anyone involved, be it the driver, a passenger, or someone else.
In Fulton County, it gets even more complicated when you consider that rideshare drivers are not legally recognized as employees but rather independent contractors under rideshare companies.
For example, where traditional taxi companies are legally responsible for damages caused by accidents involving their drivers, there is no guarantee that an independent contractor’s employer will do the same. This is because of multiple sources of liability.
Granted, rideshare companies do have insurance policies, but these only cover damage their drivers cause under specific circumstances, adding an extra step for claimants to go through.
These conditions for pursuing a claim are often dependent on whether or not the driver was transporting (or on the way to) a passenger, but proving whether or not they were can be difficult, especially for victims who might have been outside the vehicle.
Different factors in rideshare accidents come into play that can make it difficult to get the compensation you need out of a personal injury claim. When your attempts at compensation fall through, it might be time to hire a professional rideshare lawyer.
Do I Need a Fulton County Rideshare Attorney for My Case?
The short answer to this question would be yes. The long answer would be yes, provided your case has some specific circumstances we’re going to go through.
Hiring a lawyer is not a technical requirement in order to make a claim or to negotiate a settlement. In fact, there are many cases where you can settle a claim on your own, usually if you are eligible for the entire value of your policy up to its limits.
This is why good lawyers offer free consultations before agreeing to work with you. They want to ensure that you get something out of having to pay legal fees in the first place, so they will take a look at your case and recommend a course of action before you commit to working together.
Now, practically speaking, however, there are plenty of times when having a lawyer is a requirement in a sense. This is because – especially for claims of five or six figures – insurance companies often try to argue to pay out as little as possible.
As an example, as long as the policy has room to spare, an insurance agent might evaluate any medical treatment you need based on the cheapest services and goods available. Alternatively, they might try to argue that some injuries were not caused by the accident, devaluing the claim.
The issue here is people who work alone rather than with a lawyer are more likely to accept the insurance adjuster’s findings rather than contest them. As a result, nearly half of claimants who choose to file claims on their own do not get compensation.
Compared to this, claimants who work with lawyers have been shown to get some form of payout roughly nine out of ten times. These same people also, on average, claim three to four times the amount of compensation that they would if they worked alone.
Of course, not just any lawyer can handle a rideshare accident case.
Rideshares fall in a place between private vehicles and taxis, and the laws surrounding their operational use are relatively new. Knowing the ins and outs of these laws, in addition to general traffic laws, is essential in determining fault in a rideshare accident.
And in an at-fault state like Georgia, these details can make or break cases. This sensitive nature of rideshare accident cases reinforces our statement about expert rideshare lawyers: not technically, but practically required.
Where Do I Get Compensation From After a Rideshare Accident?
There are generally two avenues through which you might be able to receive compensation after a rideshare accident: the driver’s insurance company or that of the rideshare company itself. Which one will actually give you a payout will depend on the circumstances of the event.
In the event of an accident involving a rideshare driver, your lawyer will usually opt to file a claim against both insurance providers in order to save time. They will later pursue compensation from whoever the insurance adjusters determine who covers the payout for the accident.
All that said, there are instances where a third option is available, and you must pursue coverage from another party altogether. For example, if a rideshare driver swerved and hit you because they were avoiding a drunk driver, you might pursue a claim against them instead.
Option A: The Driver and/or Their Insurance Provider
There are two scenarios where you would have to pursue a damage claim from the rideshare driver’s own liability insurance policy. The first is if they are driving but not logged on to the rideshare app, and the second is if they are logged on but are not serving a passenger.
In the first scenario, you will file a claim against the driver and collect compensation as if you were in a regular car accident. In the second, you will still file a claim with the driver’s insurance policy, but the rideshare company’s insurer will shoulder some of the burden for the driver.
The second scenario usually occurs when the driver has just dropped off a passenger or when they are waiting for a ride request. The company, in this situation, will typically grant an additional $50,000 in coverage per person up to a maximum of $100,000 per accident.
Note that there are times when a claim against the driver doesn’t automatically mean their insurance company will cover damages. For example, if you were hurt because of an intentional or criminal act such as assault by the driver, the insurance provider will not pay damages.
In such an event, your lawyer will likely recommend pursuing a lawsuit against the driver themselves. This will offer you the opportunity to pursue both recompense and justice with court-mandated awards and disciplinary actions against the perpetrator.
Option B: The Rideshare Company’s Insurance Provider
In the event you are involved in an accident with a rideshare driver and they are serving a passenger, you can file a claim against the rideshare company itself. This also holds if you are the passenger being transported and you are injured in the accident.
Both Lyft and Uber maintain a minimum of $1,000,000 in third-party auto liability for their drivers. Keep in mind we use the word “serving” and not “transporting” because, contrary to what many believe, the rideshare company covers injuries even while the driver is still en route.
Option C: Claims Against a Liable Third Party
Filing a claim against someone other than the rideshare driver isn’t especially common, but it can happen. This is because, in Georgia, drivers follow a modified comparative negligence rule when it comes to accidents.
Comparative negligence essentially means that the party that is most at fault for an accident will cover the damages of those involved through their policy. However, the “modified” part of it all is that all parties can share fault, the degree of which will be deducted from their total claim.
If we assume, for instance, that you as a passenger were injured in a rideshare vehicle but that the driver only performed the swerve that led to your injuries in order to avoid a potentially more dangerous accident with a drunk driver.
In such circumstances, the drunk driver can and will likely be held at fault for the accident rather than the rideshare driver. This means both you and the rideshare driver can file a claim against the drunk driver’s insurance company.
Get the Services of a Fulton County Rideshare Law Firm to Maximize Your Accident Claim
If you’re in Fulton County and need help after being harmed in or by a rideshare service vehicle, the CEO Lawyer Personal Injury Law Firm is standing by to offer aid. Our expert attorneys cover all aspects of personal injury law, including rideshare accidents.
Attorney Ali Awad founded the CEO Lawyer in 2016 and, over the years, has honed it into an efficient legal machine that recovers millions of dollars in personal injury claims for clients each year. And we look forward to doing the same for you.
We are one of the fastest-growing firms in the country, serving clients in Georgia and Tennessee in both English and Spanish. We offer free consultations and do not charge until we have settled your claim or won your case.
Call the CEO Lawyer Personal Injury Law Firm today at (470) 323-8779.
