Uber Accident Lawyers in Kirkwood, MO
Lyft and Uber seem to be the way of the future. Anyone that does not drive or does not want to take a vehicle out can use a simple app to call for a car to come and pick them up. In Kirkwood, Missouri, you do not have to worry about finding a parking spot when you want to go out with your friends if you call for an Uber car. If you are unsure what an Uber car is, it is a ride-share service that allows you to use the GPS on your smartphone to locate a driver near you to come and pick you up and get you to your destination. It is a quick and easy way to get to work, school, or the grocery store.
While many people enjoy the luxury of not having to drive or find a parking spot when using a ride-share service, they do not think what happens if they suffer injuries in an Uber accident. When you use a ride-share service, it is not the same as riding in a taxi cab because there is not a fleet of cars available from one particular company. Instead, Uber drivers use their own personal vehicles to transport passengers. You contact the driver directly, and Uber takes a small percentage of the fare (about 20%) you pay the driver. If you are in an Uber accident, it will make sense that the company will compensate you for your personal injuries, but that is not the case. Since the driver is using their own car, it will be the driver’s auto insurance that would have to cover any injuries you suffer. If you or someone you love sustains injuries while using a ride-share service, you may be in need of a Uber accidents attorney.
Kirkwood, Missouri Uber Driver Auto Insurance Requirements
In Kirkwood, Missouri, anyone that operates a motor vehicle has to carry basic liability insurance. The state requirements for Uber drivers (as well as other drivers) specify that a driver should carry:
- At least $25,000 per individual to compensate for bodily injuries
- At least $50,000 per collision to compensate for bodily injuries
- At least $10,000 per accident to compensate for any property damage
It is also a state requirement that each motorist should carry $25,000 in uninsured motorist coverage for injuries (bodily) for each person and $50,000 to compensate for bodily injuries for each accident. Any driver that does not acquire and maintain this coverage is at risk of losing their driving privileges.
You May Have to Fight To Get Uber to Pay for Your Injuries
Since Uber allows their drivers to maintain and use their own automobile insurance, it may be difficult for you to get them to pay for injuries you sustain in an Uber accident. In other words, the company may say that since the ride-share driver is an independent contractor, the responsibility to compensate you for your injuries is the driver’s insurance carrier. You may need to seek the advice and assistance of a Uber accident attorney to collect damages for injuries or property damage you have from being in an accident in an Uber car. A lawyer will be able to advise you on the best way to seek compensation for your injuries and damages. Here are a few reasons Uber may not want to pay for your injuries from your Uber accident:
- The driver’s insurance coverage does not include “driving for profit.” Since Uber and other ride-share companies let their drivers carry their own insurance coverage, the driver’s personal insurance policy must include coverage for “driving for profit,” which most personal vehicle insurance policies do not include.
- The complete cost of the accident is too much for your insurance policy. When you have minor damages to your vehicle, you would naturally go to your own insurance carrier. However, your policy coverage may be insufficient to cover the cost of your damages entirely.
- The driver is in between fares. The ride-share driver may try to avoid responsibility by saying he was not carrying a passenger at the time of the accident and was not in Uber’s service at the time of the collision.
What is the Settlement Process for Uber Accidents in Kirkwood Missouri?
As in other states, Missouri adheres to the “fault” system when it comes to car accidents and assessing responsibility for damages and injuries due to your Uber car accident. If you sustain injuries in an accident while using a ride-share service, you have the following options:
- You can file a claim for compensation with your own insurance company
- You can file a third-party claim with the Uber driver’s insurance carrier
- You can seek legal action against the Uber driver in a court of law
The majority of car accident claims do not make it to court. You will have the option of accepting a settlement offer outside of the court system. You should never accept a settlement without consulting an attorney. They will be able to tell you if the offer is fair and will provide you with enough coverage to compensate you for your injuries and property damages. A settlement will usually include medical expenses, vehicle repairs and replacement charges, compensation for loss of income, and money to cover pain and suffering.
You Need to Know Time Limit to File a Civil Lawsuit in Kirkwood, Missouri?
In Missouri, you will have to file a lawsuit within five years of the date of the accident for your Uber-related injury and property damage expenses. A personal attorney lawyer can discuss the limitation period for filing your request for compensation for your property damages and personal injuries. Once the statute of limitations has expired, you lose all legal rights to sue and collect compensation. Let an attorney review the specifics of your case and discuss your options for filing a civil suit against the driver.
What Expenses Can I Receive for My Missouri Uber Accident?
There are a variety of expenses that may be the result of a vehicle accident in Missouri. When you receive medical treatment after your Uber accident, some of the additional charges you may be able to collect are:
- The cost of riding in an ambulance
- Compensation to cover visits with different doctors
- Compensation to pay for physical therapy and cognitive therapy if a brain injury is evident
- Medical accessories like canes, crutches, and heating pads
- Money to pay for in-home care services (even if they are not for medical care)
- Compensation to cover permanent disabilities
If after the settlement of your insurance claim your physician feels more therapy or medical treatment will be necessary, your Uber accidents attorney can add the estimated charges to your claim. They will most likely work with medical professionals to estimate the costs for these necessary services. An Uber driver that is responsible for the death of another motorist or a passenger after a collision may have to pay compensation for a wrongful death and any medical bills associated with the accident leading up to the time of the victim’s death. An attorney will be able to help you sort through all the confusing details surrounding your accident.
You Can Receive Compensation for Lost Wages in Missouri?
If you are in an Uber car accident, the injuries you have may make it impossible for you to work for a period of time. You may have to attend physical therapy to recover from your injuries stay in the hospital for an indefinite time period. It is even a possibility that your injuries will not allow you to earn money in your chosen profession. If you can prove your injuries will keep you from earning money now and in the future, you can file a lawsuit to collect compensation for your lost wages. An Uber accidents lawyer will know how to prove to the court that you are unable to work and make sure every necessary detail is included in your claim.
Call the Attorneys at Walton Telken Injury Attorneys About Your Uber Accident in Kirkwood
The best way to learn if an attorney in Missouri can help you is to schedule a consultation to talk with them about your case. During your consultation, you need to take all of the documentation of your accident including police and medical reports, as well as any other costs you have due to the Uber accident. They will be able to review your case to see if it qualifies for legal action against the driver that hit your vehicle. An attorney can negotiate with the driver’s insurance company to make sure you receive all the benefits for which you are eligible. When you are the victim of a car accident, the only thing you should concern yourself with is getting the medical attention you need to recuperate.
Call our office today to schedule a consultation so we can review the specifics of your case and discuss how best we can help you. We want to make sure you receive the compensation you need to recuperate from your Missouri Uber accident. Our number is 314-309-2453.