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Although the rise of rideshare companies such as Uber and Lyft have made public transportation significantly more convenient throughout Las Vegas and Nevada, they have arguably made car accident claims considerably more complicated. With multiple parties potentially liable, seeking compensation can be a confusing, stressful process.
If you or a loved one has been injured in a rideshare accident, please contact Koch & Brim, LLP immediately to discuss your case. Our Las Vegas car accident attorneys can help fight on your behalf for the compensation you deserve.
At Koch & Brim, LLP, our rideshare accident attorneys are exceptionally equipped to pursue compensation on your behalf.
It is highly recommended to consult the services of a lawyer if you have been injured in a rideshare accident. Although a rideshare accident claim may seem like just another car accident claim, there are other circumstances that can considerably complicate the claims process. For example, although the rideshare driver in question may have been primarily liable for the car accident, you will likely have to submit a claim under Uber or Lyft’s insurance, as they provide coverage for their drivers. However, this is not always the case, and other damages may be sought out against other parties.
An attorney can help determine who is liable for your injuries, pursuing compensation against all parties that are responsible for your injuries. Additionally, if you were injured in an accident as a passenger of a rideshare, you may be unsure of what to do regarding seeking damages. An attorney can help you out in these unique circumstances, having the experience to formulate a legal strategy on your behalf.
At Koch & Brim, LLP, we are passionate about holding rideshare companies responsible for life-changing injuries. We are committed to holding major companies accountable for accidents that leave victims catastrophically injured. In our decades of legal experience, we have negotiated cases involving all major crash-related injuries on behalf of our clients, including:
No matter what type of injury you or a loved one was diagnosed with after a rideshare accident in Las Vegas, our personal injury lawyers can help you move through the legal process and protect your rights. We will fight for maximum financial compensation for a life-altering injury to help you and your family move forward with the peace of mind that you deserve. Our lawyers will make sure that your family has everything it needs throughout a legal claim.
It is important to note that, although rideshare drivers are required to carry auto insurance through their personal policy, it does not cover any liability for incidents that occur while they are on their shift. In fact, it may be expressly prohibited by their personal policy to use their vehicle for any business or “for-profit” purposes.
In response, Uber and Lyft provide insurance on behalf of their drivers. However, this coverage depends on the circumstances of their drivers. In Nevada, coverage is broken down as follows:
In many cases, Uber and Lyft also provide coverage for passengers if an accident is the fault of the driver of another vehicle. They also generally provide coverage for passengers if there is a hit and run.
Filing a claim against Uber and Lyft can often be contentious, as their insurance providers seek to reduce payouts for the sake of their bottom line. At Koch & Brim, LLP, our Las Vegas rideshare accident lawyers can help negotiate with insurance companies on your behalf so that you are presented with the maximum possible compensation for your needs.
Determining who is liable, or financially responsible, for a rideshare accident in Nevada, can be difficult. Rather than only having two drivers to choose from, an Uber or Lyft accident can involve a driver, a rideshare driver, the rideshare company, other employees of the company and third parties. You may need an attorney to investigate your rideshare accident to determine who you can name as the defendant(s) in your rideshare accident case.
As is the case with other jobs in the “gig economy,” rideshare companies do not classify most of their workers – including their drivers – as employees. Instead, they classify them as independent contractors. This protects Uber and Lyft from vicarious liability for car accidents. Vicarious liability is a legal doctrine that holds an employer responsible for the negligence of its on-duty employees. Without vicarious liability, your ability to hold a rideshare company responsible for a car accident is limited.
When pursuing financial compensation for an Uber or Lyft accident, start by identifying who is at fault. If it is the Uber or Lyft driver, contact his or her personal car insurance company to begin your claim. If you were in a covered ride period, Uber or Lyft will provide supplemental insurance coverage up to the maximum listed on the policy. You may also be able to hold Uber or Lyft responsible for its own negligence – such as lax driver hiring practices – although this is less common. From there, if you or a third party has supplemental insurance, this can provide additional coverage for your losses.
History has shown that rideshare companies do not easily accept liability for auto accidents. This makes it even more important to know what steps to take after a crash. If you can, take the following actions after your Uber or Lyft accident in Las Vegas to protect your rights:
Once you contact an attorney at Koch & Brim, LLP, we can take over the remainder of the financial recovery process on your behalf. We have gone up against Uber and Lyft for injured clients since the advent of the rideshare industry and to know exactly how to handle these claims. You can trust our attorneys to fight for justice on your behalf while you concentrate on healing.
First and foremost, stay off social media. Any uploads and posts can and will be used to your disadvantage when taken out of context. If possible, immediately after the accident, take photos or videos of all vehicles, their positions, the road conditions, and any damage to property, like road signs and guardrails. Be as truthful as possible to the law enforcement officer. If you do not know the answer to a question, then say so.
The advice to the drivers is not to give any comment or supposition as to the accident or its cause. It is always best to let the evidence speak for itself. Unlike the claim of the passenger, your claim has the added layer of assessing liability. This advice will hold whether you are covered under the rideshare policy or if you will need a personal injury attorney to represent your claim.
In either case, you do not want to say anything that will broaden your exposure or the exposure of the rideshare company. The best response is: “I do not know what happened” or “I do not know how it happened.”
After a few days, obtain a copy of the police report, keep track of all out-of-pocket expenses, and keep a personal journal of any pain or anxiety. This advice applies to both the driver and the passenger.
If medical attention is suggested at the scene, it is best to not refuse even if you “feel fine.” Know that it is the adrenaline causing you to feel fine. Your refusal of medical attention and your comment about “feeling fine” will work against you and will be used by the other party to counter your claim for injuries.
As for the passenger, this is the time to begin your search for a Las Vegas personal injury attorney to examine the evidence you have gathered and, if possible, before speaking to any insurance company or opposing attorney. Your name and contact information will be within the police report, and you will be contacted. The personal injury attorney representing your claim will interface with the attorneys for the rideshare company and its insurance carrier on your behalf.
If you get injured in a rideshare accident in Las Vegas, even as a tourist who lives in another state, you must obey all of Nevada’s relevant state laws when filing a personal injury claim. Nevada has one important law known as the statute of limitations for all car accident claims, including collisions involving rideshare vehicles.
The statute of limitations places a strict filing deadline on accident injury claims. This time limit is two years from the date of the car crash, with some exceptions. This means that you have two years to file the paperwork and initiate a claim against Uber, Lyft, a motor vehicle driver or another party for your wreck. If you miss your window, you will most likely be barred from filing.
If the crash victim is a minor under the age of 18, he or she is given an extension. Injured minors typically have two years from the date that they turn 18 to file personal injury claims in Nevada. However, their parents have two years from the date of the accident to file for their own losses, such as related medical bills. There is also an exception known as the discovery rule. If a victim does not realize that he or she is injured immediately, the deadline is tolled (extended) until the date that he or she discovered or reasonably should have discovered the injury.
If you or a loved one has been injured in a rideshare accident, please contact us today to discuss your case. We are here to provide any help or support that you need in order to secure the compensation you deserve.