Individuals who have been injured in Dalton GA rideshare accidents are often told by well-meaning family and friends that they can seek compensation for their injuries through the rideshare company’s million-dollar liability insurance policy. While this is true in some cases, other cases involve different sources of liability, including a claim against the rideshare driver’s personal auto liability policy, or that of another at-fault party. An experienced Dalton rideshare accident attorney from John Foy & Associates can help you determine the appropriate insurance policy to file your claim against.
How Uber and Lyft’s Million-Dollar Policies Work
It’s true that Uber and Lyft both provide a million-dollar third-party liability policy when a rideshare driver contracted through their company causes an accident that results in injuries to the passenger, the occupants of other vehicles, or others on the roadway. However, in order to obtain this policy, the driver must either be en route to pick up a passenger, or in the process of transporting a passenger when the accident occurred, and their personal auto insurance provider must deny the claim or fail to fully compensate it first.
If the rideshare driver has their app on, and they are waiting for a ride, Uber and Lyft each provide third-party auto liability insurance coverage of $50,000 per person/ $100,000 per accident in bodily injury and $25,000 per accident in property damage coverage that can be accessed if the driver’s personal auto liability insurer denies the claim.
If the rideshare driver is using the vehicle for personal purposes when they caused an accident in Dalton, their personal auto liability policy is the likely source for compensation.
When the Rideshare Driver Wasn’t at Fault
An accident involving a rideshare driver is not always the fault of the rideshare driver. If another driver’s negligence resulted in a Dalton rideshare accident, compensation can be sought by an injured rideshare driver or their passengers through the at-fault party’s auto liability insurance policy. Likewise, if the accident featured liability from other parties, such as a manufacturer of defective parts on the rideshare or other vehicles involved in the accident, can be filed against their associated liability policies.
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Types of Compensation You Can Seek After a Dalton Rideshare Accident
Dalton rideshare claimants can seek compensation for the expenses of their injury, such as medical bills, property damage, and impacts to their earning capacity, including missed work or even the inability to earn an income as a result of debilitating injuries suffered in the accident. Additionally, they can also seek compensation for the impacts of the accident on their quality of life, such as physical pain and suffering or emotional distress.
What to Do to Succeed in a Rideshare Accident Claim
Rideshare accidents are complex, whether they involve settling your claim with the insurance provider or litigation. However, in spite of the complexity, the focus of the process is clear. In order to have a successful Dalton rideshare accident claim, you must be able to prove that someone else was liable for the accident that caused your injury and that you incurred expenses and impacts as a result.
Most types of auto accidents, including accidents involving rideshares, are the result of human error. When an error causes an accident and people are injured, they are legally responsible for compensating the injury and generally do so through the provision of an insurance policy. In order to show who was legally responsible for a Dalton rideshare accident, the claimant and their rideshare accident attorney in Dalton must prove these elements:
- The at-fault party had a duty to take reasonable actions to protect the safety and property of Dalton roadway users.
- This duty was breached by the at-fault party’s careless or reckless actions.
- The breach resulted in a rideshare accident in which the claimant was injured and subsequently incurred expenses and impacts.
The types of evidence often used to prove a rideshare claim include photos from the accident scene depicting the damage to vehicles, the police report, witness testimony, and the rideshare company’s records on the driver.
Prove Expenses and Impacts
Expenses are often proven in rideshare accident claims by submitting medical bills, auto repair bills, and documentation from the claimant’s employer that reflect the amount of wages, benefits, and other earnings they’ve lost due to missing work because of their injury, or even incurring a debilitating injury that no longer affords them the opportunity to earn an income.
Impacts are a bit harder to prove, as they generally do not produce a bill for service. However, the type of evidence that can be used to prove the impacts a claimant incurred as the result of a Dalton rideshare accident include:
- Witness testimony from family and friends
- A journal from the claimant about the frequency of medical appointments and painful treatments received
- Documentation of the severity of the claimant’s injury
- Testimony of medical experts who can paint a clear picture of how the injury will impact the claimant’s future
Can a Claimant Sue Lyft or Uber Directly for a Dalton Rideshare Accident?
The liability of rideshare companies when there is an accident caused by one of their drivers has often been the subject of debate, with many making the valid point that the rideshare apps used by these companies’ drivers present a significant driving distraction that can lead to accidents. However, rideshare companies classify their drivers as independent contractors, which removes them from much of the liability when a driver gets into an accident, and lawsuits directly against the company are generally unsuccessful.
How a Dalton Rideshare Accident Lawyer Can Assist with Your Claim
An experienced rideshare accident lawyer in Dalton can provide guidance and services to assist with rideshare accident claims. Let’s talk about your case. For your free case evaluation, contact us online.