If you sustain injuries following a rideshare accident, you can recover compensation if you file a lawsuit. The compensation amount varies depending on numerous factors, including the time lost during the recovery, the extent of injuries, pain, and suffering after the accident, and whether you lose a loved one in the car accident.
Factors Affecting Your Recoverable Damages
There are numerous factors affecting the damage you may wish to recover. The main ones include the following:
If the Rideshare Was Not in Motion
According to rideshare insurance policies, drivers get covered if their vehicles aren’t in motion or when they wait for a rider. Accident coverage is only active when rideshare drivers are transporting their riders and ends when the driver arrives at the destination. You can still recover damage if you sustain injuries in a rideshare car after it gets parked or before the course of the journey. Victims of such an incident should file their claims with the rideshare driver’s insurance policy to secure compensation later on.
If You Are at Fault for the Vehicle Accident
It would be rare for a rider to be at fault in a rideshare accident. Some insurance companies may come up with a theory that may reject your claim. Most cities, including San Jose, California, assign car accident faults as a percentage. It, therefore, means that any fault in an accident can minimize the amount of compensation you will receive. If you feel that the compensation amount is unfair, you should seek legal help to maximize your compensation.
Damages You Can Recover Following a Rideshare Accident
You may recover various compensation for injuries sustained from a rideshare accident. Below is a list of the most common:
Wrongful Death
If you lose a close family member or a loved one in a rideshare accident, you are entitled to fair compensation for your loss and the injuries sustained. Wrongful death claims cater to unexpected costs, including lost income, pain and suffering, mental anguish, burial expenses, and funeral costs. Children, spouses, dependents, and parents of the deceased can file a wrongful death claim to secure the compensation amount.
Medical Expenses
Medical expenses are the primary reason why most people file a personal injury claim after a vehicle accident. Compensation for injuries offsets costs for rehabilitation, emergency medical care, ongoing treatments, physical therapy, and prescriptions necessary for your injuries. You can also secure compensation that covers the future costs of your sustained injuries.
Lost Wages
Severe injuries, including traumatic brain injuries, broken bones, and neck trauma, require additional recovery time. Recovering the damage from the lost time enables you to receive compensation for the benefits and wages you lose during the recovery. Damages for such wages account for any amount you would have made were it not for the injuries.
How an Attorney Assists You After a Rideshare Accident
Navigating the entire process of determining liability can be hard without the assistance of a seasoned attorney. Working with a reliable lawyer is essential as it allows you to have peace of mind during the recovery period. Attorneys help clients with:
- Assessing the police report
- Filing an insurance claim
- Negotiating a settlement
- Litigating in court
- Establishing the at-fault individual
- Investigating the accident
- Talking to witnesses and first responders from the scene
- Determining liability in a ridesharing accident
Insurance companies determine liability by confirming whether the driver was using the ridesharing app before the incident. A car accident attorney can investigate to establish whether a third-party participant, the at-fault driver, or their employer is liable for incurred damages in the ridesharing accident.
Individuals involved in a rideshare accident can secure compensation with the help of a personal injury attorney. The compensation amount varies depending on the severity of injuries, and it’s meant to cover lost wages, medical bills, and pain and suffering.