You may be entitled to substantial financial compensation when you have suffered an injury in a rideshare accident, whether you were a passenger in an Uber or Lyft or in another car. However, the prerequisite is to go through a legal process, which will involve one or more insurance companies. That legal process will usually involve filing a claim directly with the insurers, although you may be forced to file a lawsuit to be fully compensated.
Contact an Atlanta rideshare accident lawyer to discuss your case and learn the full extent of your legal options. They can advise when a lawsuit is the best option and know how to file it in civil court. It costs nothing for you to schedule an initial consultation, and you pay nothing unless your attorney wins your case.
There Is Always an Insurance Company Involved in Your Case
Rideshare companies like Uber and Lyft have insurance providers, and so do individual drivers. If you have been injured in a rideshare accident, you will deal directly with one or more of these companies to seek financial compensation for your injuries. It is challenging to deal with one insurance company and even more difficult to juggle potential claims with several of them.
After your Uber or Lyft accident, your case will proceed like any other personal injury claim. You must decide whether to pursue insurance claims or file a lawsuit.
Many rideshare accident attorneys will advise you to begin with the claims process and deal directly with the insurance company to seek a settlement check. This route can be the quickest and most efficient pathway to financial compensation, but it is not always easy or successful. Anytime you are dealing with an insurance company, there will be challenges involved, as they often make things difficult for claimants.
Even after overcoming many obstacles, you still might never obtain a fair settlement offer from insurers without a lawsuit. This does not mean you should necessarily skip this step. Discuss the best path for your case with your rideshare accident attorney before taking action.
You May Have to File a Lawsuit
If the insurance company denies your claim or only makes inadequate settlement offers, you may be forced to file a lawsuit. Your rideshare accident lawyer will weigh your options with you, so you can make an informed decision whether to pursue a case in court.
When you file a lawsuit, your attorney demands the full compensation you deserve for your losses from the defendants. While the defendants are the liable parties, the insurance providers will defend against the lawsuit. This is because insurance companies have a duty to defend on behalf of their policyholders according to the language of most policies.
You are still dealing with the same insurance companies, but the stakes can be much higher in a lawsuit than an insurance claim, as the matter might go to trial. Filing a lawsuit signals that you mean business and will not back down until you get the full compensation you deserve for your losses.
Steps in Filing a Rideshare Accident Lawsuit
Filing a rideshare accident lawsuit involves adhering to strict legal rules and deadlines, so you need a lawyer with litigation experience. Here are the essential steps a rideshare accident attorney will take when filing a rideshare accident lawsuit:
- Investigation and discovery: Once you decide to move forward with your lawsuit, your attorney will begin a thorough investigation into your claims. This may involve gathering evidence, interviewing witnesses, and reviewing relevant documents. Through the process of discovery, both sides will exchange information and gather evidence to strengthen their respective cases.
- Negotiation and settlement: In many cases, the parties can reach a settlement before the lawsuit goes to trial. Your attorney will engage in negotiations with the opposing party and their insurance company to seek a fair and just settlement on your behalf. They can often use evidence obtained in discovery to present a more persuasive argument about why you deserve maximum compensation. This process can involve extensive back-and-forth discussions and may require the involvement of a mediator or arbitrator to facilitate a resolution.
- Preparation for trial: If you cannot reach a fair settlement, your attorney will prepare your case for trial. This includes strategizing, conducting further investigations, identifying expert witnesses, and compiling all necessary evidence to present a strong argument in court. Your rideshare accident lawyer might file or respond to various pretrial motions, which might require in-court arguments.
- Trial and verdict: If the case goes to trial, your attorney will present your case before a judge and/or jury. They will argue on your behalf, cross-examine witnesses, and present evidence to support your claims. After both sides have presented their cases, a verdict will be reached. The decision may be in your favor, in favor of the opposing party, or in some cases, the jury may reach a partial verdict.
How a Rideshare Accident Lawyer Can Help You
You should always hire a rideshare accident attorney as soon as possible after you have been hurt. First, your rideshare accident lawyer and help determine which driver was to blame for the accident and if there are additional liable parties, such as rideshare companies.
Second, your rideshare accident attorney can figure out which insurance coverages are available to pay for your injuries. For example, the driver might have purchased additional insurance to protect themselves above and beyond the standard policy. If the rideshare company shares liability, you can file a claim against its much more extensive policy.
Then, your rideshare accident lawyer will deal with the insurance company to negotiate a fair settlement. They will advise when you should not expect a favorable offer and it is time to proceed to the lawsuit stage.
Your Atlanta personal injury attorney can file a lawsuit in the proper civil court, following all procedures, meeting all deadlines, and making persuasive arguments in your favor based on all available evidence. This is certainly a process you never want to attempt without the right legal representation.
