Birmingham Rideshare Accident Lawyer
After getting injured in a rideshare accident, it can be difficult to know your options for pursuing compensation. Rideshare companies go to great lengths to limit their liability. Fortunately, an experienced rideshare accident attorney can help you recover the compensation you need and deserve.
At Heninger Garrison Davis, LLC, we have handled plenty of accident cases involving rideshare drivers and know how these cases are handled. Over the years, we have secured over $3 billion for our clients from those liable for their damages. Contact our team of Birmingham car accident lawyers today to schedule a free consultation.
Insurance Coverage for the Rideshare Company
The large rideshare companies designate their drivers as independent contractors rather than employees. With this distinction, they are able to limit the benefits they provide and require that their drivers carry their own insurance policy, which will serve as the first target for compensation if the driver is involved in an accident.
However, these rideshare companies are still required to carry insurance of their own, which kicks in at different levels depending on the rideshare driver’s status at the time of the crash.
Not Logged Into the App
If the driver was not logged into the app, the company holds no responsibility. If your damages exceed the driver’s insurance limits, filing a lawsuit against the driver will be your only option for recovering compensation.
Logged Into the App, but No Ride Accepted
If the driver has logged into the app but has not accepted a ride, the rideshare company’s insurance will provide a limited level of coverage. However, your first source of compensation will still be the driver’s insurance provider. If your damages exceed both insurance policies, filing a lawsuit will be necessary to cover all your losses.
Logged Into the App and Accepted a Ride
Whether the driver has picked up their fare yet or not, this situation will still activate the full coverage of the rideshare company’s insurance policy. After filing a claim with the driver’s insurer, you will be able to file a claim with the insurer of the rideshare company for up to $1,000,000.
If your damages are severe and still exceed the coverage limits, filing a lawsuit may prove critical for recovering the full amount you need and deserve.
Statute of Limitations for Filing a Rideshare Accident Lawsuit
When pursuing damages through a rideshare accident lawsuit, you need to pay attention to the filing deadline. Alabama’s personal injury statute of limitations provides accident victims with a two-year filing window in most cases. Missing this deadline will most likely mean the loss of your right to claim compensation.
However, you should contact an attorney even if you believe you have missed your chance to take legal action. An exception may apply to your case, allowing you to file beyond the standard deadline. Alternatively, you could find further limitations placed upon the amount of time you have to take legal action.
Hiring an experienced personal injury lawyer soon after your accident is the best way to avoid losing your right to claim compensation because of an unforeseen deadline.
Available Damages in Rideshare Accident Cases
If you were injured in a rideshare accident, there are several types of damages you will likely be eligible to pursue. Determining all the damages you can claim is vital for recovering the full amount to which you are entitled.
Vehicle Repair or Replacement
If your vehicle was damaged in an accident caused by a rideshare driver, you can pursue compensation to cover the costs or repair or replacement of your car. Additionally, you can claim compensation for any other personal property damaged in the crash.
If your injury causes you to miss work, you can claim damages for any pay you missed while unable to do your job.
Decreased Earning Capacity
If you suffer permanent injuries that prevent you from completing the duties required for your job, or if your injuries limit your ability to rejoin the workforce altogether, you could recover damages to account for the income you would have likely earned over the course of your lifetime.
Compensation will likely be available for all the medical costs associated with your injury. These costs can include:
- Medical devices
Medical expenses cover your current medical costs as well as projected future losses. A medical expert can help calculate the likely medical expenses that will arise from your injury over the course of your life.
If your accident results in a personal disability, like a spinal cord injury or traumatic brain injury (TBI), you can recover damages to cover the decrease in your quality of life, related to your inability to enjoy activities in which you are no longer able to participate.
Rideshare accidents can be traumatic experiences, and your resulting injuries can cause lasting damage to your emotional well-being. If you are suffering from anxiety, Post-traumatic stress disorder (PTSD), or depression after an accident, compensation may be available.
Pain and Suffering
Pain and suffering damages cover things like prolonged suffering and chronic pain. The compensation awarded for these damages is often substantial.
If a loved one dies in a rideshare accident, you may be able to pursue a wrongful death claim. In Alabama, the damages available for a wrongful death claim are limited to punitive damages.
When a death results from negligence, there is a cap on the punitive damages available. However, if a person dies because of the intentional actions of another party, there is no cap on the amount of money that can be recovered.
Get Help from an Experienced Rideshare Accident Lawyer Serving Birmingham Today
When pursuing compensation after suffering damages in a rideshare accident, your chances of recovering the full amount to which you are entitled will increase significantly, if you hire an experienced attorney. At Heninger Garrison Davis, LLC, we are ready to help you get the money you need, whether through a settlement or court ruling.
Contact us today by completing our online contact form or giving us a call. We offer free, no-obligation consultations, so don’t hesitate to get started.