Rideshare accidents can result in serious injuries and significant medical expenses. Determining liability in these cases can be challenging, and it can be difficult to know where to start. When pursuing damages, an experienced rideshare accident lawyer in Wheeling can help explain the applicable laws and greatly improve your chances of a favorable outcome.
At The Stuckey Firm, LLC, our dedicated team is here to help you. With over three decades of combined legal experience, we know how these cases are handled in the legal system. Contact us today to arrange a free case review with a Wheeling car accident lawyer who can serve as your personal advocate while you seek compensation.
Liability in a Rideshare Accident in Wheeling, West Virginia
Rideshare companies take many steps to maximize their profits and protect themselves from litigation. One primary way they do this is by attempting to categorize their drivers as independent contractors rather than employees. This limits the benefits they can provide to their drivers and the situations in which they can be held liable for a crash.
Claimants may struggle to understand how insurance coverage applies between rideshare drivers, their insurance providers, and the rideshare company. Rideshare companies require all their drivers to carry their own insurance coverage in the event of an accident.
Nevertheless, there are important distinctions regarding when certain policies will and will not apply, such as whether the rideshare app has been engaged, whether a ride has been accepted, and more.
The extent of the rideshare company’s liability will largely depend on the driver’s working status at the time of the accident. There are three different scenarios for determining liability in these types of accidents. Our experienced Wheeling personal injury lawyers can help you determine your options for pursuing compensation.
The Driver Is Not Signed Into the Rideshare App
If the rideshare driver is not logged into the app at the time of the accident, the rideshare company may not be liable for any resulting damages. In this scenario, if the driver was responsible for causing your damages, the primary liability for the claim will be with their own insurance provider.
It is important to consult with an experienced lawyer to help identify what coverages may apply and when. If your compensatory damages exceed the driver’s coverage limits, other insurance may be available.
The Driver Is Logged Into the Rideshare App – No Ride Accepted
If the rideshare driver is logged into the rideshare app at the time of the crash but hasn’t accepted a ride, the rideshare company’s insurance may go into effect.
This means that if your damages exceed the coverage limits of the driver’s insurer, we will still first file a claim with them. Your lawyer can then pursue additional compensation by filing a claim with the company’s insurer. However, in this scenario, their coverage limits are capped, and we will need to file a lawsuit to recover further compensation if necessary.
The Driver Is Logged Into the Rideshare App – Ride Accepted
If the rideshare driver is logged into the app and has accepted a ride, the rideshare company’s insurance coverage should take full effect. In this scenario, it does not matter whether the driver has picked up their passenger yet or not. With the policy in full effect, the rideshare company’s insurance policy will cover up to $1 million in damages.
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Actions Our Wheeling Rideshare Accident Attorneys Will Take in Your Case
Hiring an experienced attorney can significantly improve your ability to recover compensation. Our rideshare accident lawyers serving Wheeling will take a variety of steps on your behalf to ensure you receive fair compensation for your losses.
Once you engage the services of The Stuckey Firm, LLC, we will immediately launch an investigation into your case. This investigation may include visiting the scene of the accident to collect evidence, getting in touch with potential witnesses, obtaining the official accident report from the police, and reviewing your medical records to determine the extent of your injuries.
Once we have completed our initial investigation and identified the liable parties, we will file an insurance claim or personal injury lawsuit on your behalf.
We will handle all negotiations with opposing counsel or the insurance company, working to recover fair compensation. If necessary, we are always willing to go to court to ensure you receive the compensation you deserve.
Professional. Personable. Proven effective.
Protecting Yourself Against Insurance Adjusters After a Rideshare Accident
One of the worst mistakes injury victims make after a car accident is talking to insurance adjusters before hiring an attorney. Insurance companies train adjusters to employ various tactics to help them deny or undervalue legitimate claims.
It’s essential to keep in mind that insurance adjusters have far more experience with these claims than you do. They are skilled at minimizing claim values, which is why having an experienced attorney protecting your interests is crucial. The best strategy is to avoid any communication with insurance representatives before you hire a lawyer.
After you have secured legal representation, the insurance company will no longer be permitted to contact you directly. Forcing the insurer to work through your attorney protects you from unfair insurance tactics. With a level playing field, you will be in a stronger position to recover the compensation you need and deserve.
“Everything he did was over and beyond what we would expect an attorney to do. He made it so that we didn’t have any worries.”.
Client | Auto AccidentFiling Deadlines in Rideshare Accident Cases in West Virginia
When pursuing damages after a rideshare accident, it is vital to be aware of all relevant deadlines. In West Virginia, the personal injury statute of limitations is typically two years.
This means you have two years from the date of the crash to take legal action against the liable parties. Missing this deadline can result in the loss of your right to claim compensation.
To help ensure you file all required paperwork on time, you must act quickly when hiring an experienced Wheeling rideshare accident attorney. Your lawyer will identify whether any exceptions apply and ensure all necessary documents are filled out correctly and submitted well in advance of the deadline.
Another important reason for hiring an attorney promptly is that doing so will put them in the best position to collect evidence while it is still available. Critical evidence can be destroyed or lost if not collected quickly.
Furthermore, your attorney will be able to speak with eyewitnesses and document their testimonies while the details of the accident are still fresh in their minds.
Professional. Personable. Proven effective.
Get Help From an Experienced Rideshare Accident Attorney in Wheeling, West Virginia, Today
Following a serious rideshare accident, obtaining the services of an experienced attorney is one of the best ways to improve your odds of getting the compensation you deserve.
At The Stuckey Firm, LLC, we will never shy away from taking your case to court if necessary to help you recover fair compensation. At our firm, we hold negligent parties accountable.
Reach out to us today by phone or by completing our online contact form to arrange a free initial case evaluation with a member of our legal team. We will review the details of your case, answer your questions, and outline your legal options.
Additionally, you can find answers to many of your rideshare accident-related questions by checking out our legal FAQs.
Get answers and help on your way, starting today.