Goshen Uber Accident Lawyers

People who schedule Uber rides usually do not think about what might happen if they get into an accident, but these crashes do occur. With so many rideshare vehicles on Goshen roads, there is also a likelihood of an Uber driver crashing into your vehicle when you are out and about.

Accidents involving these vehicles can present legal challenges that differ from those in traditional car crashes. Individuals injured in a rideshare accident may face difficulties in determining liability, dealing with insurance companies, and recovering damages. The legal framework governing rideshare accidents involves multiple parties, including the rideshare company, the driver, other motorists, and insurance providers.

That is where the Goshen Uber accident lawyers at Wilson & Kinsman, LLC can help. Our legal team manages these claims for clients, fighting to protect their rights and pursuing fair compensation for their injuries. This is what you need to know if you are considering working with a lawyer after one of these crashes.

What Are the Main Causes of Rideshare Crashes?

Rideshare accidents occur for various reasons, many of which are similar to other types of vehicle crashes.

Distracted driving is a leading cause, as rideshare drivers frequently check their phones for ride requests, directions, or messages.
Fatigue is another factor, as drivers may work long hours or drive late at night to maximize earnings.
Speeding and reckless driving contribute to crashes, particularly when drivers rush to complete more rides in a short period.
Inexperience can also play a role, as some drivers may not have professional driving backgrounds.
Additionally, adverse weather conditions, poorly maintained vehicles, and negligent actions by other drivers can lead to collisions.

How Is Liability Determined in Rideshare Accidents?

Determining liability in an Uber accident depends on multiple factors, including whether the rideshare driver was actively transporting a passenger or waiting for a ride request.

If the driver was logged into the app and carrying a passenger or on the way to pick up a rider, Uber’s insurance policy may provide coverage. If the driver was offline, their personal insurance applies. Other motorists involved in the crash may also bear responsibility.

As with other accidents, rideshare crash liability is established through evidence like police reports, witness statements, traffic camera footage, and rideshare app data.

Will the Rideshare Company Insurance Cover My Damages?

Uber provides insurance coverage in certain situations, but it depends on the driver’s status at the time of the crash. If the driver was not logged into the app, only their personal auto insurance applies. If the driver was waiting for a ride request, Uber’s contingent liability coverage may apply, but only after the driver’s personal insurance has been exhausted.

If the driver was carrying a passenger or on the way to pick one up, Uber provides a higher level of coverage, which may include liability, uninsured motorist, and contingent collision coverage. However, the process of obtaining compensation from Uber’s insurance can be difficult, and claims may be denied or undervalued. Our Goshen Uber accident lawyers can manage this process and fight to protect your rights.

Can I Sue Uber or Lyft Directly If I Was Injured in an Accident?

Rideshare companies classify drivers as independent contractors, which limits direct liability for accidents. This classification often prevents injured parties from suing Uber or Lyft directly for damages caused by a driver’s negligence.

However, legal claims may be possible if the rideshare company acted negligently, such as failing to conduct proper background checks on drivers or allowing unsafe drivers to remain on the platform. Our Goshen Uber accident lawyers can thoroughly review the circumstances surrounding the accident to determine whether legal action against the rideshare company is an option.

What Happens If a Rideshare Driver Is at Fault But Does Not Have Adequate Insurance Coverage?

If a rideshare driver is responsible for an accident but lacks sufficient insurance, the injured party may be able to seek compensation from Uber’s insurance policy if applicable. If Uber’s coverage does not apply, an injured person may turn to their own uninsured or underinsured motorist coverage.

This type of coverage can provide compensation for medical expenses, lost income, and other damages when the at-fault driver’s insurance is insufficient. Seeking compensation in these cases can be challenging, as insurance companies may attempt to minimize payouts.

Can a Pedestrian or Cyclist Injured by a Rideshare Driver Seek Compensation?

A pedestrian or cyclist struck by a rideshare driver may pursue compensation for their injuries, depending on the circumstances of the accident. If the driver was logged into the Uber app and waiting for a ride request, Uber’s limited coverage may apply. If the driver was actively transporting a passenger, higher coverage limits may be available. If the driver was not logged into the app, only their personal auto insurance would apply. Pedestrians and cyclists may also file claims against any other negligent parties involved in the accident.

What Damages Can Be Recovered in a Rideshare Accident Claim?

Individuals injured in rideshare accidents may be eligible to recover compensation for medical expenses, lost income, property damage, and pain and suffering.

Medical expenses can include hospital bills, rehabilitation costs, and ongoing treatments.
Lost income may be compensated if injuries prevent the injured person from working.
Property damage covers repairs or replacement of a vehicle or personal belongings damaged in the accident.
Pain and suffering compensation accounts for physical pain, emotional distress, and reduced quality of life resulting from the crash.

What Challenges Might Arise When Negotiating a Settlement With a Rideshare Company’s Insurer?

Negotiating a settlement with a rideshare company’s insurer can be challenging due to the involvement of multiple policies and parties. In addition, rideshare companies and their insurers often attempt to limit liability and reduce payouts. Insurance adjusters may dispute the severity of injuries, argue that the rideshare driver was not at fault, or delay the claims process.

Our Goshen Uber accident lawyers can step in to handle negotiations with insurance companies, as insurers frequently offer settlements that do not fully cover the injured person’s losses.

Experienced Goshen Uber Accident Lawyers at Wilson & Kinsman, LLC Help Clients Pursue Compensation After Rideshare Crashes

The Goshen Uber accident lawyers at Wilson & Kinsman, LLC have experience handling rideshare accident claims and can skillfully evaluate your case during a free consultation. To learn more, call 574-522-1900 or complete our online form. Located in Elkhart and South Bend, Indiana, we serve clients in St. Joseph County and throughout the state.

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Testimonials

Read what our former clients have to say:

Fought my case relentlessly

This law firm fought my case relentlessly for two years to get the settlement that I was seeking.

C.A.

A man of utmost integrity

Tom is very kind and personable. He is a great attorney to work for and work with. He is a man of the utmost integrity and is forthright in his practice. I would confidently recommend his legal services to any person I cared about.

Kayla Christofeno

Honest and professional

I was charged with an OWI in Elkhart County and Eric was my first call. He was very helpful and personable throughout the entire process. I certainly appreciated his honesty and professionalism. Eric is definitely well experienced in handling these matters. Thanks to his help and guidance, we were able to have all of our necessary steps done before going to court that helped to retain driving privileges. The judge even remarked at how well the case had been managed during the hearing. With Eric’s help, I was able to obtain specialized driving privileges very promptly. I am still able to tend to my life’s responsibilities and my work. I would highly recommend Eric to anyone else needing help with OWI/DUI charges.

anonymous

Incredibly thankful

I would like to first give thanks to Eric Kinsman for all he has done for me. I got a criminal mischief charge and was facing a year in jail, this is because I have a past that didn’t look good on me. The prosecutor was determined to get me jail time which gave me high stress, it’s been a long 6 months. What Eric did behind the scenes was incredible not only did he keep me informed on everything the whole time dealing with this case, he also managed to talk the prosecutor into giving me good behavior for a year. I didn’t think there was a chance in the world to make this happen but with the great knowledge he carries he seen things most would have not in this case. He was determined to keep me out of jail and off papers. I’m incredibly thankful to have chosen him as my attorney in this case.

N.W.

Eternally grateful to Eric Kinsman and his staff

Eric Kinsman is a kind, professional, and compassionate lawyer who saved our lives when we were falsely accused. We were terrified, confused, and stunned by the situation and he gave us guidance and help in the most stressful moment in our lives. He knows how to break down the game plan in easy to understand language so you know what is going to happen and you don’t feel disconnected or unsure of what is happening. He is very talented and knowledgeable and knows how to work with the prosecutor and really help his clients through the whole process. You’re not a number in Eric’s office – you’re a person and his staff treats you that way too. I will be eternally grateful to Eric Kinsman and his staff and their kindness and compassion.

L.M.

Went out of their way to help me with my case

Tom Wilson and his team went out of their way to help me with my case. I had different attorneys throughout the 4.5 years, Tom and the team picked up and finished my case at awesome time. Thank you Tom and your team are very awesome!!!!!

L.S.

5 stars from start to finish

5 Stars from start to finish – Tom is real and knew exactly what to do to navigate through the obstacles and achieve the best outcome in my case. He got it done, well-done, but more importantly, time and again, Tom and his team demonstrated that they possessed the empathy, foresight, professionalism, and organizational capability to make the difference I needed as they managed my case to a successful conclusion. The team at Wilson Law were attentive and supportive, the terms were fair and affordable, the relationship was forthcoming and they enabled me to confidently understand and manage my own role in my own case.

M.L.