It has been a while since Uber introduced their rideshare service in Cobb County. Their claims of reducing the number of traffic accidents should have become reality by now. They did not. In fact, the number of car accidents in the region has been growing continuously. As if this were not enough, every day, more residents need a Mableton Uber accident lawyer.
After all, Uber drivers are humans themselves, prone to mistakes and negligence. Their working with Uber keeps them on the roads longer. Their cars add to the number of cars in traffic. It should not come as a surprise if they add to the number of accidents and injuries as well.
What matters is how victims can recover their losses. This is a question everyone should answer with the help of an experienced Mableton auto accident lawyer. As in all accidents, the party at fault or their insurer should pay for the damage and injuries.
When the party at fault is another driver, things are easy. The accident victims need to file a compensation claim with that driver’s insurer. When the Uber driver is at fault, things become a little more complicated. The victims should get in touch with one of the best Mableton Uber accident lawyers.
The compensation claim process will depend on several factors. One of the most important ones is the status of the driver in relation to Uber and within their app. Depending on this, the victims or their Uber accident lawyer in Mableton will have access to different coverage. We will review possible scenarios in the following lines.
Uber Driver’s Status and What It Means to Mableton Uber Accident Lawyers
1. Driver offline, unavailable to pick up passengers
These drivers are regular drivers and they are solely responsible for their actions. If they carry liability insurance, their victims can seek compensation from their insurer. If they do not, the victims may be able to recover losses from their own insurer. This is only possible for those who carry uninsured/underinsured motorist coverage. For the rest, the only other option available is suing the driver in civil court.
Since Uber plays no part in the equation, it may seem unnecessary to work with an Uber accident lawyer. However, it is an option worth considering, and it may be beneficial for the case outcome.
2. Uber driver active on the app, but with no rides accepted
In this situation, the driver’s insurance is the first source of payment for damages. Upon its exhaustion, the ridesharing company’s insurance steps in. Recovering damages could mean dealing with two insurers and filing separate claims. It is better to do this with the help of an experienced Uber accident lawyer in Mableton.
3. Uber driver on their way to a passenger
In theory, the driver’s liability coverage should be available. In practice, most insurers do not cover driving for profit. This leaves accident victims at the mercy of Uber. Although their coverage is impressive, only the best Mableton Uber accident lawyers can access it.
That is because Uber drivers are registered as independent contractors, not employees. This means their employer bears no responsibility for their actions. It takes an experienced Uber accident attorney to prove otherwise.
4. Uber driver taking passengers to their destination
This is the scenario that favors Uber drivers’ victims. The ridesharing company’s goal will be to avoid bad publicity. They and their insurer will try to settle things outside of court. Obviously, they will try to get away with paying as little as possible.
It helps if the victim works with an experienced Mableton Uber accident lawyer. The latter will know exactly how to access Uber’s impressive insurance coverage. We will review their insurance coverage details in the following lines.
Insurance Coverage Details or How Much Money Mableton Uber Accident Lawyers May Obtain for Their Clients
Here are the limits to Uber’s insurance coverage which a Mableton Uber accident lawyer may access:
- $50k/$100k/$50k for when the driver is active on the app but has not accepted rides
- $1 million for the period when drivers are carrying passengers to a destination
- $1 million for uninsured motorist and 3rd party liability from ride acceptance to drop-off
- $1,000 deductible contingent comprehensive and collision coverage
Accessing Uber’s insurance coverage will not be easy. Victims should not attempt it without consulting one of the best Uber accident lawyers in Mableton. Many variables influence the chance of succeeding. Here is a brief overview of the most important ones.
Aspects Influencing the Outcome of an Uber Accident Claim in Mableton, GA
- The status of the claimant with the rideshare company. Rideshare passengers usually have an easier time obtaining compensation than third-parties. Uber will want to avoid bad publicity and show they care about their clients. This is especially true for cases handled by experienced Uber accident lawyers in Mableton. Uber drivers are beginning to benefit from more consideration as well. Third-party passengers and drivers will not share their luck, though. They will have to fight with everything they have in order to obtain fair compensation.
- The status of the Uber driver. Compensation for accidents which occurred during Uber rides is the easiest to obtain. Things become more difficult when the driver is on the way to pick up a ride. They get quite challenging when the driver is only active on the app. When drivers are inactive in the app, it is as if Uber never existed. In all cases, claimants can benefit from working with an Uber accident lawyer.
- The actions of the claimant. In the aftermath of an accident, many victims commit costly mistakes. Some start a scandal. Others panic and fail to gather information and evidence. Some neglect to seek medical assistance and document their injuries. Others apologize and assume fault for no reason. Of particular importance for Uber passengers is confirming their status with the company. All claimants should remain at the scene and start looking for Mableton Uber accident lawyers.
- The Mableton Uber accident lawyer’s experience. The more experienced a lawyer is, the easier it will be for them to win the case. They will need to investigate, prove liability, document losses, and interview witnesses. They will also have to negotiate compensation amounts and terms with experts. Previous experience and skills can secure a favorable outcome faster. That is because the lawyer will have to prove Uber’s liability for their drivers’ actions. This is never easy.
The Challenges of Obtaining Compensation from Uber
Uber drivers are independent contractors. This means they provide a service to the ridesharing company by driving its passengers to a destination. They are liable for their actions, their negligence, and any mistakes they make. This is what the ridesharing company may claim in order to deny a claim.
However, it is not entirely true. Through the app and their recruitment requirements, the company controls the drivers’ activity. This should make them responsible for the actions of the latter. They claim to care about passenger safety, yet they accept young and inexperienced drivers. Their vehicle requirements are quite easy to meet as well.
Uber offers different types of rideshare services, according to vehicle comfort level. Vehicles have to be four-door models newer than 15 years. The company does not accept signs of cosmetic damage. However, they do not submit vehicles to technical evaluations.
An experienced Uber accident lawyer should be able to use these flexible requirements against them. They will also know how to leverage the available evidence and turn odds in their clients’ favor. If given a chance, they will take over the entire compensation claim process. This will save their clients significant time, effort, and worries.
The Claim Process and the Role of the Mableton Uber Accident Lawyer
Before an Uber accident victim can file a compensation claim, they need to figure out the defendant. Depending on how the accident occurred, several options are available. In some situations, it may be necessary to file two or more claims with different dependants. A discussion with a Mableton Uber accident lawyer is the best way to identify the defendant. They could be:
- Uber or their insurer – This option is viable when the driver is active on the app, picking up, or carrying passengers. The claimant will have to prove driver status, liability, and document all injuries and losses. Sometimes, it is possible to go after Uber after exhausting the liability coverage of the driver at fault.
- The Uber driver or their insurer – This option applies to scenarios when the Uber driver causes the accident while off-duty. Experienced Uber accident lawyers should have an easy time obtaining compensation from them.
- Third parties – Sometimes, other drivers are the ones who cause the accident. Other times, the fault belongs to road administrators, service providers, and other third parties. Under Georgia laws, the party at fault is responsible for the damages. Of course, the claimant will have to prove their liability. This is easier with the help of a Mableton Uber accident lawyer.
- The claimant’s own insurer – In some situations, Uber accident lawyers in Mableton may advise clients to file the claim with their insurer. Before making such recommendations, they will carefully review the case and the available coverage.
Once the defendant is set, the next step is to file the notice of claim. This basically means notifying the defendant of the claimant’s intentions. It should summarize the case details, the claimant’s requests, and the grounds for those requests. It should be clear and to the point, so it is better to let an Uber accident attorney prepare it.
Once the notice of claim is filed, the claimant can start substantiating the claim. This means putting together all the available evidence to show:
- How the Uber accident occurred
- Who was responsible for it
- What losses they incurred due to the accident
- What value those losses amounted to
The claim substantiation is similar to a court trial, except that there are fewer formalities and direct confrontations. The more convincing and consistent the evidence is, the faster the claimant will get their compensation.
Assuming the Mableton Uber accident lawyer does a good job, the defendant will make a settlement offer. The attorney should review the offer and advise their client if it is worth accepting. They may accept the offer or try to negotiate better terms.
If the offer is unacceptable, they may appeal the defendant’s decision. This could mean filing the claim with the insurer’s claim adjuster. The higher authority is the Georgia Department of Insurance. Claimants also have the option of filing a lawsuit for bad faith on the part of the insurer. If they sued the party at fault for the compensation, they can appeal the court’s verdict as well.
A dedicated Uber accident attorney will not rest until they obtain fair compensation. Here are the types of losses Uber accident claims should cover:
- Property damage
- Medical care
- Physical and emotional recovery
- Lost earnings
- Lost earning capacity
- Physical and emotional pain and suffering
- Lost joy, companionship, and more.
Of course, all these losses will require thorough documentation. Besides conducting investigations, experienced Mableton Uber accident lawyers turn to:
- Case precedents
- Expert testimonies
Claimants should not make decisions without consulting their Mableton Uber accident lawyers. One wrong move could cost them their right to compensation. It could also delay the whole process and make the attorney’s mission more difficult.
Schedule a Consultation with an Experienced and Dedicated Uber Accident Lawyer in Mableton Now!
Have you sustained injuries and/or property damages in an Uber accident in Mableton, GA? Obtaining compensation for your losses can be difficult. At Schneider Hammers our personal injury attorneys in Mableton will get you the help you need.
Our Uber accident lawyers can review your case, answer your questions, and guide your steps. If you let them, they will do whatever it takes to obtain the compensation you deserve. To benefit from their experience and skills, all you have to do is schedule a FREE consultation. You can reach out to us online or by phone, at (678)-846-6900. We are here for you!