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Rideshare companies like Uber and Lyft have become very popular in most major American cities, offering an easy alternative to taxis and public transportation. However, when Uber and Lyft drivers get into accidents with other drivers, determining liability and sorting through the related insurance issues can be extremely complex. If you or a relative sustained injuries in an accident involving an Uber or Lyft driver, contact DiMarco | Araujo | Montevideo today to schedule a free case evaluation with a Las Vegas Uber/Lyft accident lawyer.
Our Las Vegas rideshare lawyers at DiMarco | Araujo | Montevideo have been helping their clients receive the compensation and justice they deserve since 1979. Our team, led by partners Jess J, Araujo, John A. Montevideo, and Anthony Modarelli, has achieved significant settlements and verdicts for our clients over the last 40 years.
DiMarco | Araujo | Montevideo has been recognized for its achievements by the legal community and has been awarded an AV rating on Martindale-Hubbell – the highest rating attorneys can receive. The firm has also earned an A+ rating on Better Business Bureau (BBB) and was selected as Preeminent Lawyers, to which less than 5% of all attorneys in the United States are awarded.
“Due to my case I had to interact with several different law firms. By far, the lawyers at DAM have been extremely courteous, professional and most importantly very honest. During what has been the most difficult time in my life, Jess Araujo was very supportive and clear as to what steps I needed to take for a successful outcome. Also, despite the fact that they have many cases to work on he always made himself available and would respond right away to my questions. At no point was I confused as to what I needed to do, which was quite different from the other law firms I had used for the same case. I am very grateful for the job that they do and would definitely recommend them to anyone who is looking for reputable representation and wants only the best.”
Pilar O.
Uber and Lyft must offer insurance coverage in the event one of their drivers causes an accident and both companies offer accident coverage up to one million dollars for a single incident. However, there are countless disclaimers and exclusions to these policies, and coverage only applies in very specific situations. An attorney can help determine if Uber or Lyft are liable for a client’s injuries or if liability falls to one or more other defendants.
A Las Vegas personal injury attorney can also handle the client’s other insurance issues, subpoena evidence like phone records and traffic camera data, and arrange for expert witnesses to testify in support of the client’s case. Safety experts, engineers, medical professionals, and financial experts are some of the most commonly seen expert witnesses in car accident cases.
After the advent of rideshare companies, the unclear nature of liability for accidents with rideshare drivers spurred U.S. lawmakers to create insurance coverage requirements for these companies. Today, both Uber and Lyft carry insurance policies that apply to any accident that occurs with one of their drivers who is on the clock at the time of the accident.
In some cases, a third party causes an accident with an Uber or Lyft driver, and liability for this incident would likely fall to that at-fault driver. Uber and Lyft drivers should also know that their own personal auto insurance coverage will likely not apply if they get into an accident while driving for pay. Every driver should pay very close attention to the fine print of their auto insurance policies if they plan to take up driving for Uber or Lyft for extra income.
There is no set amount of compensation paid to an Uber or Lyft accident victim in the Las Vegas area. Rather, the insurance carriers or a personal injury jury will examine the facts of the case at hand. Each case is different. Several factors can influence how much compensation a person receives if their claim is successful. These factors include:
The goal is for an Uber or Lyft accident victim to receive enough compensation to make them “whole” after the incident, and this figure will be different for every case.
Navigating the complex insurance system should be done with the assistance of your legal team. An Uber accident lawyer in Las Vegas will have a thorough understanding of what you should be able to recover based on the facts presented in your case. Unfortunately, the insurance carriers involved in the case, whether that be the driver’s personal carrier or the insurance provided by Uber, will almost certainly put up a fight from having to pay out compensation for your claim. They may even deny the claim altogether. Your attorney can help you get through this process by exploring all possible routes of compensation recovery.
Importantly, your attorney will handle every aspect of the claim on your behalf. This can bring you peace of mind as you work to recover from your injuries, get your life back on track, and secure the compensation needed to recoup your losses. Our team remains communicative with clients throughout the claims process, whether we are moving towards an insurance settlement or taking the case all the way to trial. We will have your back the entire way.
In most situations, Las Vegas Uber accident victims will not be able to file a lawsuit directly against the rideshare company. Generally, rideshare drivers are not considered employees of these companies but rather, they are considered independent contractors. Unlike employees, independent contractors themselves are held responsible for any damages they cause. In many situations where an employee causes an injury, an employer can also have liability through an idea called vicarious liability. However, Uber often avoids this responsibility by classifying drivers as independent contractors.
There may be some situations where Uber holds liability after an accident occurs, particularly if they knew or should have known about a dangerous situation concerning a driver or a driver’s vehicle.
State law requires that most vehicle accidents get reported to law enforcement officials at the time they occur. Incidents must be reported if there has been any injury or fatality at the scene or if there is an estimated property damage of $750 or more.
It is important for police officers to come to the scene so they can conduct a preliminary investigation and fill out an accident report to submit to the state. This same accident report is the one you will obtain in order to proceed forward with your insurance carrier or use it during a personal injury lawsuit. A police report is not all of the evidence you will need to help prove what happened in the case, but it is one aspect that carries credibility.
In the event the police do not come to the scene of the incident, you should still fill out Form SR-1 (Report of Traffic Crash) with the Nevada DMV online. This form should be completed as much as possible and submitted within 10 days after the incident occurs. Failure to submit this report could interfere with any ability to seek compensation for injuries or property damage expenses.
Please note that the insurance carriers involved in your case are almost certainly going to require the accident report in order to proceed forward with your claim. Reports will generally be available to you or your attorney within a week or so after the incident occurs. We encourage you to let your attorney take steps as quickly as possible to obtain all of the evidence needed to prove liability, including the accident report.
Vehicle accident victims in Las Vegas, including those harmed in an accident involving a rideshare vehicle, have a limited amount of time to file their claims. First, the insurance carriers involved in these cases are going to have very specific deadlines. We encourage individuals harmed in a rideshare accident to file an insurance claim as soon as possible.
Additionally, the Nevada personal injury statute of limitations is two years from the date an injury occurs. If an Uber or Lyft accident victim fails to file a lawsuit against the alleged negligent party within this timeframe, they will likely not be able to recover any compensation for their losses.
It can seem impossible to be able to afford a legal team after sustaining an injury in an Uber or Lyft accident. However, our rideshare accident lawyers handle these claims on a contingency fee basis. This means that crash victims do not pay anything until after we successfully recover the compensation they are entitled to. The total legal fees will be an agreed-upon percentage of the settlement or jury verdict. Additionally, if we do not win the case, our clients will pay absolutely nothing in legal fees.
There are various steps that rideshare accident victims in Las Vegas can take that could help improve their chances of recovering more compensation. However, the primary objective after an accident involving an Uber or Lyft vehicle is your personal health, which is reflected in a few steps:
Due to the myriad insurance complications that can arise from an Uber or Lyft accident, hiring an attorney to handle your claim is a wise choice. An attorney can help you navigate complex insurance issues, determine liability for your accident, and gather the evidence you need to prove the full extent of your damages. Contact DiMarco | Araujo | Montevideo in Las Vegas today at (702) 466-1492 to schedule a free consultation with a Las Vegas Uber/Lyft accident attorney.