Elkhart Uber or Lyft Accident Lawyers

Whether you live in a city or a rural area, rideshares in Indiana provide a reasonably safe and affordable means of getting around. However, an increased risk of vehicular accidents and injuries comes with increased usage. An Elkhart Uber and Lyft accidents attorney can provide essential guidance through this complex terrain, ensuring your interests are protected.

Drivers of rideshare services like Uber, Lyft, and others do not receive formal training, so they are just as likely to be in a collision as any other motorist on the road. The various facts of the incident will determine who is responsible for your injuries if you were harmed in a ridesharing accident.

Quick Summary

Below is an overview of the key points of this article.

• Uber and Lyft transformed transportation with on-demand ridesharing, making it convenient but raising legal and safety issues because of unclear personal-commercial driving boundaries. In Elkhart, common causes of accidents involving Uber and Lyft include distracted driving, such as using apps and interacting with passengers, despite the stress-free appeal of ridesharing.
• Common injuries in Uber and Lyft accidents range from concussions and whiplash to severe outcomes like brain injuries, limb loss, and paralysis, requiring extensive medical care. After an accident, it’s important to check for injuries, contact the police for a report, collect evidence, and notify the rideshare company to start a claim.
• You can sue Uber and Lyft if your insurance claim is denied, but they often use drivers’ independent contractor status and arbitration agreements to protect themselves. Uber and Lyft provide substantial insurance coverage when the driver is using the app, but personal insurance applies when the app is off, so consulting an attorney is crucial.
• In Indiana, you have two years from the date of a rideshare accident to file a personal injury lawsuit and seek compensation for medical bills, ongoing care, lost wages, reduced earning capacity, pain, and lifestyle changes. An Elkhart Uber and Lyft accident attorney can help navigate legal and insurance issues to ensure you receive proper care and fair compensation.

What Are Uber and Lyft Accidents?

When they first launched in the early 2010s, Uber and Lyft became extremely popular in the transportation industry. On-demand, ridesharing companies match riders with drivers. They provide drivers with a flexible means of earning cash and riders with a convenient and cashless means of getting around.

However, by blurring the line between personal and commercial driving, the services have also raised legal and safety concerns.

What Causes Rideshare Accidents in Elkhart?

Ridesharing has become more popular in recent years because Uber and Lyft offer convenient ways to travel. These services let people get around without worrying about traffic, parking, or driving after drinking. Even though ridesharing can be less stressful, accidents with Uber and Lyft still happen, and there are risks.

Like other drivers, Uber and Lyft drivers can be careless and get distracted. Here are some common causes of rideshare accidents in Elkhart, Indiana:

• Using the rideshare app
• Checking the GPS while driving
• Looking at traffic apps
• Changing the radio or music for passengers
• Talking with passengers
• Giving passengers bottled water, phone chargers, mints, or other items

Some drivers think these actions are part of their job as Uber or Lyft drivers, but their main duty is to keep passengers safe. Rideshare drivers must follow traffic laws just like any other driver.

What Are the Most Common Uber and Lyft Accident Injuries?

You might get hurt if you are in a rideshare vehicle or if a rideshare driver hits your vehicle in an accident. Every accident is different, but the most common Uber and Lyft accident injuries include:

Concussion

A concussion can happen if your head is hit or jolted in an accident. This injury can occur whether you are in the rideshare car or the vehicle that was hit. Symptoms may include headaches, dizziness, and confusion.

Whiplash

Whiplash often affects people over 40 and needs quick medical care. This injury happens when the neck moves suddenly and forcefully. Symptoms include ear ringing, neck and shoulder pain, and dizziness.

Brain Injuries

Brain injuries happen often in car accidents and can be very serious. These injuries can cause lasting or permanent damage, affecting a person’s ability to function normally. Getting compensation can help families care for their loved ones who have suffered brain injuries.

Lower Back Injuries

Lower back injuries from car accidents can last a long time and sometimes never fully heal. These injuries can cause a lot of pain and make daily activities difficult. If you have a lower back injury, you can seek compensation to help pay for medical treatment, pain, and lost wages.

Herniated Disk

A herniated disk happens when the center part of a spinal disk breaks through. Spinal disks are the cushions between the bones in your spine. When a disk is damaged, it causes extreme pain and needs medical treatment, medications, and care.

Loss of Limb

Losing a limb is a traumatic and life-changing event. It affects every part of a person’s life and requires long-term care. Compensation can help cover the trauma, medical costs, and expenses of living with such a serious injury.

Broken Bones

Broken bones, while they can heal, often disrupt your life significantly and may result in permanent injuries. They can cause pain, limit mobility, and require medical attention to heal properly. Seeking compensation can help cover medical expenses and the impact on your daily life caused by broken bones from an Uber or Lyft accident.

Paralysis

Paralysis, whether permanent or temporary, is quite common in rideshare accidents and warrants substantial compensation. Even temporary paralysis can have a significant impact on daily life and requires extensive medical care.

Wrongful Death

If someone dies in a rideshare accident that wasn’t their fault, their family can seek compensation for their loss. This compensation can help the family cope with the financial and emotional impacts of losing a loved one. Legal assistance is crucial to navigate the process of seeking compensation after a tragic death in a rideshare accident.

What Should I Do After an Uber or Lyft Accident?

If you are involved in an accident while riding in an Uber or Lyft, you should take the same precautions you would after an accident in your own car and report the accident to Uber or Lyft. Here are a few of the things you should do immediately after the accident:

1. Check for Any Injuries

Check for injuries and ensure that everyone involved is safe. Get immediate medical attention regardless if you are experiencing pain and discomfort or not. Call 911 right away.

2. Contact the Police

A police officer will arrive at the scene of the accident if you call 911. If you are unable to, make sure that someone else will report the accident to the police. A police report, which is a summary of the officer’s investigation, will be written after the officer speaks with those involved in the accident.

You will be able to request a copy of the incident report once completed, and it can be a piece of valuable evidence to support your claim.

3. Collect Potential Evidence

Share names and contact information with all crash participants. Get the names and contact information of any witnesses as well. Take pictures of the accident scene, the damage to your car, and your injuries to support your Uber or Lyft accident claim.

4. Inform Uber or Lyft of the Accident

Rideshare companies require accident reports from drivers and passengers. Uber and Lyft offer accident reporting forms on their websites. A rideshare organization delegate might reach you for an assertion about the accident.

Before talking about the accident with anyone, make sure to talk to a personal injury lawyer first if you have any questions or if you have suffered serious injuries.

5. Keep a Record of What Happened

Keep a record of everything you can recall about the accident. Better if you could complete this as soon as possible. If you have to explain what happened to an insurance adjuster or testify in court about the accident, your notes could be very helpful in the future.

6. Seek Legal Advice From an Elkhart Rideshare Accident Attorney

Your best course of action after an Uber or Lyft accident is to reach out to an Elkhart Uber and Lyft accidents attorney. A lawyer can help you assess your situation, evaluate your possible claims, provide legal options, and represent you from beginning to end.

Can I Sue the Rideshare Company for an Accident?

Uber and Lyft group their drivers as self-employed entities and not representatives since workers have a larger number of privileges than self-employed entities (like joblessness advantages and admittance to laborers’ remuneration), and organizations are bound to be expected to take responsibility for their worker’s carelessness.

You can threaten to sue Uber and Lyft directly if your insurance claim is denied in whole or in part. However, the companies are likely to use their drivers’ status as independent contractors as a shield. They might also argue that by agreeing to the rideshare service’s terms and conditions, you gave up your right to sue in court and agreed to arbitrate any legal dispute with the company.

Don’t handle negotiations alone when this happens. Speak with an Indiana Uber and Lyft accident attorney and seek legal representation.

How Does Auto Insurance Work for Uber and Lyft Accidents?

Getting into an accident with an Uber or Lyft driver can be confusing, especially when it comes to insurance coverage. This section explains what happens depending on the situation:

• Driver with App On and Available or On a Trip: In this scenario, Uber or Lyft’s insurance will likely be the primary coverage. Their policy offers at least $1 million in third-party liability insurance, which can cover your injuries and car damage.
• Driver with App Off: If the driver didn’t have the app running, their personal car insurance applies. However, their policy might not cover accidents that occur while driving for a rideshare service.

Regardless of the situation, it’s important to consult with an attorney well versed in Uber and Lyft accidents. They can help you navigate the complexities of insurance claims and determine the best course of action.

Who Are Covered by the Rideshare Company’s Insurance Policies?

Rideshare companies are usually mandated by state law to provide coverage for their drivers. You may be eligible for compensation under Uber or Lyft insurance policies if you were:

• A passenger or driver gets hurt in an accident caused by an Uber or Lyft driver.
• A passenger in an Uber or Lyft car gets injured in a crash, no matter who caused it.
• An Uber or Lyft driver is injured in a crash caused by another driver.

What Sort of Coverage Does an Uber or Lyft Insurance Policy Provide?

The following amounts are covered by Uber and Lyft insurance for third-party liability in the event of an accident that occurs while the driver is available or waiting for a ride request:

• $50,000 per person for bodily injury
• $100,000 per accident
• $25,000 in property damage per accident

What is Indiana’s Statute of Limitations for Rideshare Accident Injury Claims?

In Indiana, the statute of limitations for car accidents, outlined in Indiana Code Section 34-11-2-4, is crucial in personal injury cases. It sets a strict two-year deadline from the accident date for filing a lawsuit against the responsible party. Whether the accident caused injuries or vehicle damage, the clock starts ticking right after the incident.

Not meeting this deadline can prevent victims from seeking compensation, as courts often dismiss claims filed after two years, leading to potential financial losses.

What Damages Can I Get Following a Rideshare Accident in Elkhart, Indiana?

A rideshare accident could cause injuries that need lengthy and thorough medical care. It might also mean time off work and less pay, or a change in your job due to your injuries. Serious injuries could need medical care for the rest of your life. When you seek compensation for losses, you might get money for:

• Medical bills for surgeries, medication, ER visits, doctor’s appointments, and other treatments.
• Continuing medical care like physical therapy or home assistance.
• Lost wages from time off work.
• Less ability to earn if your injuries mean you can’t do the same work tasks.
• Money for the pain and hard times you’ve gone through.
• Help for the changes in your life after the accident.

Why Do I Need an Elkhart Uber and Lyft Accidents Attorney?

An Elkhart Uber and Lyft accidents attorney can be your advocate after a crash. Legal matters in rideshare accidents can be tricky. Insurance companies are focused on making money and may not look out for your best interests. Your rideshare accident attorney works for you and will strongly defend your rights by:

• Looking into the accident
• Finding out who is responsible and what insurance can help
• Making sure you get medical care quickly and organizing your treatments
• Figuring out how much your claim is worth
• Talking with insurance companies and others for you
• Explaining your rights and choices as your case goes on
• Negotiating to get you a fair payment

Call Our Elkhart Uber and Lyft Accidents Attorney Now

Our trusted Elkhart Uber and Lyft accidents attorney from Wilson & Kinsman, LLC can help you through every step of the way ranging from filing injury claims to filing lawsuits and getting settlements. Call 574-522-1900 or contact us online to schedule a free consultation.