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Some Advice If You’ve Been Injured in a Manhattan Beach Uber Accident

November 23, 2020 By Admin Admin

More and more people are using Uber, Lyft and other rideshare apps to get around Manhattan Beach and surrounding communities. And while using a rideshare service is more convenient, it’s not necessarily safer. Accidents involving Uber drivers and their passengers happen every day.

Some Advice If You’ve Been Injured in a Manhattan Beach Uber Accident

Common Uber Accident Injuries

If you become injured in a Manhattan Beach Uber accident, you have a right to seek compensation for your injuries. Common injuries after an Uber rideshare accident can include:

  • Cuts, scrapes and other lacerations
  • Bone fractures
  • Traumatic brain injuries (TBIs)
  • Whiplash and other head, neck and back injuries
  • Spinal cord injuries
  • Damage to internal organs
  • Amputation/loss of limbs
  • Burns
  • PTSD

Seeking Compensation for an Uber Accident in California

Seeking compensation after an Uber accident caused by the negligent actions of an Uber driver, a non-Uber driver, or both (California is a comparative negligence state) can be a challenging undertaking. If you’re unfamiliar with California’s personal injury laws, or don’t have a lot of experience dealing with an insurance company after an accident, your best bet to secure the compensation you deserve would be to contact a Manhattan Beach Uber accident attorney. 

Since the rideshare industry is relatively new, and the rules governing Uber, Lyft and others are changing all the time, you need a law firm that’s on top of the latest legal developments. At the Law Offices of Scott Dinsmore, APC, we have almost three decades’ worth of experience successfully representing clients who have been injured in car accidents in Manhattan Beach, Hermosa Beach, Hawthorne, Gardena, Redondo Beach and other South LA communities. Our Uber accident lawyers are thoroughly familiar with the newest federal and state laws and how these laws apply in your case.

Determining Liability after a Being Injured in a Manhattan Beach Uber Accident

To maximize the amount of compensation you can receive for your injuries, you have to be able to identify all the parties involved in the accident and demonstrate their liability in the accident. If you’ve been injured in a Manhattan Beach Uber Accident, you may be able to collect compensation from:

The Rideshare Driver

You can file a claim with the driver’s insurance company. Rideshare drivers, like all California drivers, are required to carry insurance. If their policy amount does not cover the full costs of your injuries or the insurance company denies your claim because the driver was engaged in commercial activity when the accident happened, you may need to speak with an attorney.

The Other Driver(s)

The Uber driver may not share total liability for your accident. If another driver was responsible or shared responsibility for the accident, you can file a claim with their insurance company as well. 

A Third Party

California state law allows you to recover compensation from any party that contributed to your injury. For example: Was your Uber or Lyft accident caused by defective brakes or tires?  The manufacturers of these items can be held liable. 

Your Insurance Policy

If you have uninsured/underinsured motorist coverage you may be able to file a claim with your own insurance company if your Uber accident involved an uninsured or underinsured driver.

The Rideshare Company

You may be able to file a claim with the rideshare company. Uber provides the following insurance coverage for their drivers:

If the driver is available or waiting for a ride request Uber maintains the following auto insurance on their behalf in case of a covered accident:

  • $50,000 in bodily injury per person
  • $100,000 in bodily injury per accident
  • $25,000 in property damage per accident

(Third-party liability if the driver’s personal auto insurance doesn’t apply.)

If the driver is en route to pick up a rider and during trips, Uber maintains the following auto insurance in case of a covered accident:

  • $1,000,000 third-party liability
  • Uninsured/underinsured motorist bodily injury
  • Contingent comprehensive and collision
  • Up to actual cash value of car ($1,000 deductible)

When a driver is offline, or the app is off, the driver’s personal insurance policy applies.

NOTE: This is just Uber’s policy; not all rideshare services provide insurance coverage to their drivers.

This Just In: California Judge Rules That Uber and Lyft Drivers Are Employees and Not Independent Contractors

For years, Uber and other rideshare companies have tried to avoid liability for their drivers’ negligent (and in some cases, criminal) behavior by classifying their drivers as independent contractors, rather than employees. This is because employers can be held liable for the negligent actions of their employees, but not for the actions of their independent contractors. However, a California judge has recently ruled that all Uber and Lyft drivers are, in fact, employees under Assembly Bill 5, which would make Uber and other rideshare companies liable for the actions of their drivers.

Uber and Lyft are appealing the ruling and threatening to close shop in California if they fail. The outcome of this case could profoundly impact any future rideshare accident injury litigation.

Don’t Wait to Take Legal Action After Your Manhattan Beach Rideshare Accident 

If you’ve been injured in a Manhattan Beach ridesharing accident while riding in an Uber or Lyft vehicle, we’re here to help you get the compensation you deserve. Depending on the circumstances, you may be able to collect compensation for:

  • Past and ongoing medical expenses
  • Lost income
  • Disability
  • Pain and suffering
  • Disfigurement
  • Property damage
  • Emotional trauma

The Law Offices of Scott Dinsmore, APC has obtained millions of dollars in settlements for our clients. Don’t wait to take action! Contact Scott Dinsmore at info@lawinmb.com or (310) 318-1220 to schedule a free consultation with one of our Manhattan Beach Uber and Lyft accident attorneys.

Filed Under: Personal injury, Vehicular Accidents

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In his 25 years as a civil trial lawyer, Mr. Dinsmore has represented hundreds of injured clients in a vast array of cases, obtaining millions of dollars in verdicts and settlements.
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