Since its founding in 2009, Uber has quickly grown from a tiny startup into a wealthy company. Over 19 million passengers take Uber rides every day. Many of these drivers earn substantial part-time incomes. But they also risk serious injury every time they get behind the wheel.
As outlined below, serious injury claims usually involve legal action. If victims sue drivers, their insurance companies usually provide a legal defense, assuming the policy covered commercial losses. Most personal auto insurance policies exclude such claims.
If an Uber driver wants or needs to pursue a claim against another driver, an Edwardsville uber accident lawyer may help make a big difference. Without such representation, it’s usually impossible to obtain fair compensation for your serious injuries.
Important Preliminary Matters
First things first. Most car crash victims need immediate, long-term medical attention. They also need prompt vehicle replacement. Attorneys help take care of both these things.
Most insurance companies use boilerplate payment schedules. For example, they always pay X dollars for a broken leg, no matter how serious the injury is. If you need additional treatment, an attorney makes sure you get it at no upfront cost.
Similarly, most insurance companies look for the cheapest way out in vehicle replacement situations. Only a lawyer ensures that you get a proper replacement vehicle, like a new SUV if your new SUV was in a wreck.
Once these matters are covered, attorneys usually send demand letters to insurance companies. If liability is clear, the insurance company has a legal duty to settle the claim within a few weeks.
However, most car crash claims are more complex than that. Negligence defenses, such as comparative fault, often come into play.
If the insurance company drags its feet about a settlement, which is usually the case, attorneys usually file legal paperwork. This move pressures the insurance company to settle the claim and also preserves the victim’s legal rights.
Filing a Legal Claim
Most insurance companies promptly file procedural motions at this point. If an attorney has collected sufficient evidence, these motions almost always fail.
Typically, the discovery period comes next. Both sides exchange information about their legal claims and defenses.
If the case remains unsettled, it usually settles at mediation. A third-party mediator works with both sides and tries to forge a settlement agreement. If both sides negotiate in good faith, mediation is usually successful.
Injured Uber drivers have the same legal and financial rights as all other drivers. For a free consultation with an experienced personal injury attorney in St. Louis, contact Walton Telken LLC. You have a limited amount of time to act.
Who must prove negligence in a car crash claim?
Victims must establish negligence, or a lack of care, by a preponderance of the evidence, or more likely than not.
Does Uber take care of its drivers if they’re in an accident?
No. If someone sues you, your insurance company must usually defend you. If you suffered an injury, you need to partner with a lawyer.
What are some liability theories?
Ordinary negligence is a lack of care, like drowsy driving. Negligence per se is a violation of safety law, like drunk driving.