Can I Sue If I Was A Passenger In A Car Accident – Home » J&Y Personal Injury Blog » If You Were a Passenger in a Car Accident, Can You Sue for Injury?
Being a passenger in a car accident can be very stressful, especially if you are injured. In California, when someone else hurts you, you may have the right to file a claim against the person who caused the accident. Our California attorneys can review your case and help you determine your rights and options.
Can I Sue If I Was A Passenger In A Car Accident
Injured passengers are entitled to compensation for their injuries and other damages. However, determining who caused the accident, how to file a claim, or choosing the right insurance company to handle your claim is not a simple matter. A car accident attorney can help you through this process.
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California is a “fault” liability state, so determining who is responsible for a car accident is critical. Injured passengers can file a claim with the at-fault party’s insurance company. As part of this process, you must prove that the driver was at fault.
In California, the other driver’s contribution to the accident is also taken into account. This means that any actions taken by the driver of your car that contributed to the accident will be taken into account. This consideration is called comparative negligence. If your car was driven negligently in any way, a court or insurance company may reduce your liability.
Figuring it all out can be stressful and confusing. An attorney can assess the facts of your case and make recommendations on how to proceed and whether you have a claim.
You may not know what to do after an accident. But what you say or do after a car accident may affect your potential claim. If possible, you should do the following after an accident:
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If you file a claim on your own, you should not accept any settlement before speaking with an attorney. You may not understand if an insurance company is trying to lower your claim or treat you unfairly.
A car accident can result in minor or serious injuries, many of which may not appear until weeks or months later. As the injury progresses, you may be unable to work as well as before, suffer mental health issues, and face unexpected medical and other expenses. Car accident victims can receive compensation for the following injuries:
Since many of these costs are not immediately apparent, it is important not to be too quick to settle with your insurance company.
If you are an injured passenger in a car accident, contact a knowledgeable attorney as soon as possible. The time limit for filing a personal injury claim in California is limited. There is usually a two-year period, but there are some exceptions. We understand the importance of processing your claim promptly. Contact us for a free consultation.
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Yosi Yahoudai is founder and managing partner of J&Y. His practice primarily includes cases involving automobile and motorcycle accidents, but he also represents individuals in premises liability cases, including dangerous conditions on public property, criminal conduct by third parties, and intentional tort claims. He also has experience handling cases involving product defects, dog bites, elder abuse and sexual assault. He received his bachelor’s degree from the University of California and is admitted to practice law in all California state courts and the U.S. District Court for the Southern District of California. If you have any questions about this article, you can contact Yosi here. Uber, Lyft and other ride-sharing apps have revolutionized transportation, but if you get into an accident as an Uber passenger or driver, your medical bills will be on your side. The nightmare of paying and receiving compensation for your physical injuries, pain and suffering.
Uber accident cases can be more difficult than other injury claims for accident victims, primarily because of the complex insurance policies and coverage involved with being an Uber rider.
The New York Uber accident attorneys at Raphaelson & Levine can help ensure that you are not let down by a corporate insurance company that only cares about profits.
The New York car accident attorneys at Raphaelson & Levine will work tirelessly to obtain justice for your injuries and address all the inconveniences that come with receiving medical treatment after an Uber accident. You can trust us to be there for you when you need us most!
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If you or a loved one has been injured in a driving accident, call (212) 268-3222 or contact us today to schedule a free accident evaluation.
Drivers, passengers, and victims of negligent Uber drivers can sue Uber over car accidents. Whether Uber is liable depends on whether the driver was logged into the app at the time of the accident. You can only focus on the safety of the driver if they were not using the app at the time of the accident.
However, if the driver is waiting for a passenger, it makes no difference. In these car sharing accident cases, you first get their personal car insurance, and then Uber insurance comes into play. But if a driver is waiting and their car insurance doesn’t cover shared rides, you’re looking at Uber.
Once we determine that Uber is responsible, we evaluate the driver’s fault. Like other drivers, Uber drivers must observe a standard of caution. It includes driving carefully, obeying traffic rules and keeping your vehicle in a safe condition.
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If we can prove that an Uber driver was negligent in these areas, we can accept liability and seek compensation.
In addition to the driver, we also have the company responsible. Uber must ensure drivers receive the skills and training to drive safely.
All car sharing companies do background checks and record checks, but sometimes that’s not enough.
Drivers may pass these checks but still receive complaints from passengers about their driving ability. Uber ignored the complaints. Uber and Lyft are not liable for driver misconduct because drivers are independent contractors. However, they have responsibilities.
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Before we sue Uber or file an Uber accident lawsuit against its insurance, we must take the following steps:
Things are different if you’re an Uber driver or passenger. Uber drivers can also benefit from Uber’s business insurance policy, but only if you’re logged into the app at the time. If you’re waiting for an Uber rider, you should use insurance first, which will trigger Uber to cover any losses it doesn’t cover.
For example, if an uninsured person hits you, Uber insurance will cover your losses if you don’t have uninsured/underinsured motorist coverage on your policy.
If you’re a passenger, Uber provides you with $1 million in liability insurance. But since Uber and Lyft claim they are not responsible for misconduct by rideshare drivers, you can expect a fight.
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Accident cases vary widely, so we cannot guarantee the amount of Uber accident compensation. But we can explain to you how to reach a settlement and follow up.
Generally speaking, more serious car accident injuries will result in larger compensation payments. For example, Uber accident claims can range from $500,000 to $1 million. In these cases, the victims were disabled or seriously injured in the accident.
However, whether you suffer from a whiplash or soft tissue injury such as strains and sprains, you still face obstacles in your life that impact your work, finances, and enjoyment of life. These settlements may not be in the millions of dollars, but they are still significant.
We will continue to do our best to secure the highest possible compensation so you can move forward easily, recover lost wages, and pay your medical bills. The purpose is to make you whole and if you have suffered a loss you should be compensated.
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The personal injury attorneys at Raphaelson & Levine have extensive experience handling these Uber accident cases and obtaining the highest settlement amount for every accident victim we serve.
Delivery car accidents can often be stressful and time-consuming, especially when a large commercial entity like Uber is involved. Your focus should be on recovering from your injury. Sometimes this can be a full-time job in itself as you keep up with doctor’s appointments and receive necessary treatments.
This does communicate with the insurance company, provide your medical records and respond to the settlement. Many of these steps have strict deadlines, and if you miss them, your accident may fail.
In addition, the insurance company may try to reduce the amount of your claim or settle your personal injury claim before you have fully recovered. You can avoid this risk by hiring a personal injury attorney. Because we do not charge legal fees unless we recover compensation, there is little risk to you and the money you win.
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Navigating the morass of Uber or Lyft accident insurance after a rideshare accident is never fun and often complicated.
If you or someone you know has been involved in an Uber accident in New York involving an Uber vehicle or another ride-sharing company, the experienced Uber accident attorneys at our law firm can provide guidance and strong legal representation.
Call us today at (212) 268-3222 or fill out our online contact form
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