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Being involved in a car accident can be a traumatic experience, especially when it involves a rideshare service like Uber. If you've been hit by an Uber driver and suffered any kind of bodily injury, it's essential to understand your rights and take the necessary steps to protect yourself. In this blog post, we will discuss the legal aspects surrounding accidents involving Uber drivers and provide you with valuable information to help you navigate through the process.

What comes next after being hit by an Uber driver

If you were hit by an Uber driver, it’s useful to have a clear picture of what the road to getting fair compensation will look like. Here is a brief overview:

1. Determining liability

When you're hit by an Uber driver or drivers of other rideshare companies like Lyft, determining liability becomes a crucial factor. Liability can vary depending on the circumstances of the accident. There are three key scenarios to consider:

• Uber driver not on the app: If the at-fault driver was not logged into the Uber app at the time of the accident, their personal auto insurance policy should typically cover the damages. In such cases, you would pursue a claim against the driver's insurance directly.

• Uber driver online but without a passenger: If the motorist was logged into the app and waiting for a ride but did not have an Uber passenger at the time of the accident, both the driver's personal insurance and Uber's contingent liability coverage may come into play. Uber's insurance coverage generally provides additional protection in such situations.

• Uber driver with a passenger: If the accident occurred while the Uber driver was driving with a passenger in the vehicle, Uber's commercial insurance policy should typically cover any damages and injuries resulting from the accident. This coverage is typically more comprehensive due to the increased risk involved in transporting passengers.

2. Gathering evidence 

To strengthen your case, it is crucial to gather as much evidence as possible. Here are some essential steps to take:

• Seek medical attention: Your well-being should be the top priority. Ensure you receive medical attention promptly, even if your injuries appear minor at first. Some injuries may have delayed symptoms that can worsen over time.

• Document the scene: Take photographs of the accident scene, including vehicle damage, skid marks, and road conditions. If there are witnesses, try to obtain their contact information.

• Obtain relevant information: Gather the Uber driver's contact information, insurance details, and license plate number. Additionally, note the time, date, and location of the accident.

• Preserve digital evidence: If you hailed the Uber through the app, take screenshots of your ride details, including the driver's name and photo, trip details, and any communication exchanged.

3. Seeking legal representation 

Navigating the legal complexities of a car accident case involving an Uber driver can be challenging. Seeking legal representation from a personal injury lawyer experienced in handling rideshare accidents is highly recommended. An attorney can assist you in several ways:

• Understanding your rights: A knowledgeable lawyer can explain your legal rights and help you determine the best course of action.

• Negotiating with insurance companies: Insurance companies often try to settle claims quickly and for as little as possible. An attorney can negotiate on your behalf to ensure you receive fair compensation for your injuries and damages.

• Filing a lawsuit if necessary: In some cases, filing a lawsuit may be necessary to protect your rights. A personal injury lawyer can guide you through the litigation process, representing your interests in court.

If you've been hit by an Uber driver, understanding your rights and taking appropriate steps is crucial. Remember to determine liability, gather evidence, and consider seeking legal representation to ensure your rights are protected and you receive fair compensation for your injuries and losses. Remember, most personal injury attorneys offer a free case evaluation, so don’t hesitate to reach out.

What are your rights as a victim?

In Illinois, if you've been hit by an Uber driver, you have certain legal rights as a victim. Understanding these rights is essential for seeking proper compensation and holding the responsible party accountable. Let's delve into the legal rights you have as a victim of an Uber driver accident in Illinois.

1. Right to seek compensation 

As an auto accident victim, you have the right to seek compensation for your injuries, medical expenses, property damage, lost wages, pain and suffering, and other losses resulting from the accident. In Illinois, personal injury cases involving Uber accidents are generally governed by negligence laws.

2. Right to file a personal injury claim 

In Illinois, you have the right to file a personal injury claim against the at-fault party, which in this case would typically be the Uber driver. To establish a successful claim, you would need to demonstrate that the Uber driver breached their duty of care, causing the accident and resulting in your injuries.

3. Right to recover damages 

If you can establish the Uber driver's liability, you may be entitled to various types of damages, including:

• Economic damages: These cover quantifiable losses such as medical bills, property damage, lost wages, and future medical expenses.

• Non-economic damages: These include compensation for pain and suffering, emotional distress, loss of enjoyment of life, and other intangible losses.

• Punitive damages: In cases where the Uber driver's actions were particularly reckless or egregious, you may be eligible to pursue punitive damages, which are meant to punish the driver and deter similar behavior.

4. Right to legal representation 

As an accident victim, you have the right to legal representation throughout the legal process. Hiring an experienced personal injury lawyer who specializes in Uber accidents can greatly benefit your case. A skilled attorney will navigate the complexities of the legal system, handle negotiations with insurance companies, gather evidence, and advocate for your rights and best interests.

5. Beware of the  statute of limitations 

It's crucial to be aware of the statute of limitations, which determines the time limit within which you must file a personal injury claim. In Illinois, the statute of limitations for personal injury cases is generally two years from the date of the accident. Failing to file within this timeframe may result in losing your right to seek compensation.

How can a lawyer help you?

If you've been injured as a pedestrian by an Uber driver, it's essential to understand how a personal injury lawyer can assist you in navigating the legal process and pursuing rightful compensation. Here's how an experienced attorney can help:

1. Investigating the accident 

A personal injury lawyer will thoroughly investigate the circumstances surrounding the accident. They will collect evidence such as witness statements, accident reports, surveillance footage, and any available Uber records to establish liability.

2. Determining insurance coverage 

Your lawyer will examine the insurance coverage involved. In Illinois, Uber drivers are required to carry personal auto insurance, and Uber also provides additional insurance coverage for its drivers. An attorney can help determine which insurance policies may apply to your case, ensuring you pursue claims against the appropriate parties.

3. Negotiating with insurance companies 

Insurance companies are known for attempting to settle claims for the lowest possible amount. Having a personal injury lawyer on your side can level the playing field. Your attorney will handle all communication and negotiations with the insurance companies, working to secure a fair settlement that covers your medical expenses, lost wages, pain and suffering, and other damages.

4. Calculating damages 

Determining the full extent of your damages can be complex. An experienced personal injury lawyer will assess your medical records, consult with medical experts if necessary, and calculate the value of your damages accurately. This includes present and future medical expenses, rehabilitation costs, lost earning capacity, and the physical and emotional pain you've endured.

5. Representing your interests in court 

If a fair settlement cannot be reached through negotiation, your lawyer will be prepared to take your case to court. They will advocate for your rights and present a compelling argument to a judge and jury, seeking a favorable verdict and the compensation you deserve.

Remember, every case is unique, and the specific services provided by a personal injury lawyer may vary. It's crucial to consult with a legal professional who specializes in personal injury and has experience handling cases involving Uber accidents.

In summary, a personal injury lawyer will investigate the accident, determine the applicable insurance coverage, negotiate with insurance companies, calculate your damages accurately, and provide representation in court if necessary. Their expertise will help you navigate the legal complexities and work towards securing the compensation you need to recover from your injuries.

What strategies do insurance companies use to avoid compensation?

Insurance companies, especially for rideshare vehicle services, often employ tactics to limit the compensation they have to pay out, and this holds true when dealing with accidents involving Uber drivers. Here are some common strategies they may employ and how a personal injury lawyer can protect your interests:

1. Quick settlement offers 

Insurance companies may make early settlement offers shortly after the accident, often before the full extent of your injuries is known. These initial offers are usually low and may not adequately cover your medical expenses, ongoing treatment, or other damages. A personal injury lawyer will assess the true value of your claim and negotiate on your behalf to ensure you receive fair compensation.

2. Minimizing your injuries

Insurance companies may try to downplay the severity of your injuries or argue that they were pre-existing. They may request access to your medical records or send you to their preferred doctors for evaluations. A skilled personal injury lawyer will advocate for your rights, work with medical experts to accurately assess your injuries, and present a compelling case to counter any attempts to minimize the impact of your injuries.

3. Shifting blame 

Insurance companies may try to shift blame onto you, suggesting that you were partially or fully responsible for the accident. In Illinois, being partially at fault does not necessarily prevent you from seeking compensation, but it may affect the amount you can recover. Your personal injury lawyer will gather evidence, consult with accident reconstruction specialists if necessary, and build a strong case to establish the liability of the Uber driver and counter any attempts to shift blame onto you.

4. Delaying tactics 

Insurance companies may intentionally delay the claims process, hoping that you become frustrated or financially desperate and accept a lower settlement. A personal injury lawyer will stay on top of deadlines, handle all communication with the insurance company, and keep the process moving forward. They will ensure that your rights are protected and take appropriate legal action if the insurance company unduly delays the resolution of your claim.

By retaining a personal injury lawyer, you gain an advocate who understands the tactics used by insurance companies and can effectively counter them. Your lawyer will fight for your rights, negotiate for fair compensation, and, if necessary, take your case to court to ensure you receive the full and just amount you deserve for your injuries and losses.

Talk to a car accident lawyer today

Being one of the victims bit by an Uber driver can be a traumatizing and isolating incident. But getting in touch with a car accident attorney can help you realize that you’re not alone and that you have rights.

If you are considering pursuing a personal injury lawsuit, contact the law firm of Palermo Law Group to consult with an Uber accident lawyer who values the attorney-client relationship and can guide you through the legal process, protect your rights, and help you pursue the compensation you deserve. Schedule a free consultation today.