Rideshare services such as Uber and Lyft have become a popular alternative to taxis and public transportation across the country, offering drivers for hire at odd hours and beyond typical service routes. However, with their rise in popularity, rideshare services have also generated lots of debate concerning liability for accidents. If you have experienced a rideshare accident, a Lake County rideshare accident lawyer will be an essential resource for help in your recovery.
Legal Representation for Rideshare Accident Claims in Lake County, IL
The attorneys at Franks Gerkin Ponitz Greeley have extensive professional experience representing car accident claims throughout Lake County and surrounding areas of Illinois. We have helped many past clients confront large insurance carriers and pursue legal recourse with personal injury claims against the drivers who have injured them. We can apply our resources, skills, and experience to help you recover from your recent rideshare accident.
Resolving the aftermath of a rideshare accident will follow a similar framework to what you could expect after a standard motor vehicle accident in Illinois. The process begins with proving fault, and then you will file an auto insurance claim to recover as much compensation as possible for your losses. When insurance isn’t enough to fully compensate your damages, you must file a personal injury claim against the driver who injured you.
Where the recovery process from a rideshare accident departs from the standard route you would take toward recovering from an accident is the insurance claim filing process. Rideshare companies are required to have auto insurance that functions in different ways depending on the timing of an accident. While rideshare company insurance is typically more expansive than an individual auto insurance policy, this does not mean that filing your claim will be easy.
Our team can help you file an auto insurance claim and recover your losses. If insurance cannot fully compensate your damages, you can trust our firm to help you build a comprehensive personal injury claim that seeks maximum compensation from the defendant responsible for your accident. You have a limited time in which to begin these proceedings, so it is vital that you connect with a Lake County rideshare accident attorney as soon as possible.
Determining Fault for a Rideshare Accident
The first legal challenge you will face after a rideshare accident in Lake County is proving fault for the accident. You must prove exactly how the accident happened and identify the party or parties responsible for causing the accident. Rideshare accidents happen for many of the same causes as other car accidents, but these incidents tend to raise more difficult questions of liability.
It is possible for the fault for your accident to fall on the rideshare driver, and it is possible for the rideshare company to also absorb partial responsibility for your damages, depending on how and why the accident happened. Fault may also fall to a third party, such as a driver who hit the rideshare vehicle in which you were riding as a passenger.
A few of the most common causes of rideshare accidents in Lake County include acts of negligence, such as distracted driving, moving violations, and speeding. These accidents can also happen because of illegal activity, such as driving under the influence (DUI) of alcohol or drugs. Your Lake County rideshare accident attorney will be invaluable for the help they can provide in gathering the evidence needed to prove who caused your accident and how they caused it.
Filing an Auto Insurance Claim for a Rideshare Accident in Lake County
Rideshare companies are required to have auto insurance that works in different ways depending on when an accident happens. Rideshare drivers are also required to have their own insurance that will apply to an accident they caused before the rideshare company’s insurance comes into play.
If a rideshare driver is not logged into their Driver app and they are using their vehicle for personal reasons when they cause the accident in question, their own insurance would apply to the crash, and the rideshare company’s insurance does not apply in this situation. If you were driving your own car and a rideshare driver crashed into you while they were off the clock, your recovery process would be similar to what you could expect after most other types of accidents.
Once a rideshare driver has logged into the rideshare company’s app and marked themselves as available for a ride request, the first tier of their employer’s insurance applies if the rideshare driver causes an accident after the driver’s own insurance is put toward the resulting damages. This tier of coverage includes up to $50,000 in bodily injury liability coverage for a single person, up to $100,000 in total accident coverage, and up to $25,000 for property damage.
If the rideshare driver has picked up a passenger, the second tier of coverage applies until they deliver the passenger to their destination. This tier includes $1 million in third-party liability coverage, which will apply after the at-fault driver’s personal auto insurance goes toward the victim’s damages.
These coverage amounts may sound generous, but the reality is that dealing with insurance companies is rarely easy, and they will tend to look for any and all reasons they can find to deny a claim or justify the lowest possible settlement offer. It is also possible that the rideshare company’s insurance carrier will claim that another driver is liable for the damages. Your Lake County rideshare accident attorney can ensure that your claim is handled in good faith.
Building Your Personal Injury Case After a Rideshare Accident
Regardless of whether you need to file an insurance claim against a single driver, a rideshare company, or both, insurance alone may not fully compensate for all of your damages. In this situation, you will need to file a personal injury claim against the driver who caused your accident. The objective of a personal injury claim is to hold a defendant accountable for the damages they have caused and to secure compensation for those damages.
Your personal injury claim could potentially enable you to recover compensation for all of the economic damages caused by the defendant that their insurance can’t cover. For most vehicle accident victims in Lake County and surrounding areas of Illinois, these economic damages are likely to include:
- Property damage. The at-fault driver is responsible for any and all property damage they caused that their insurance cannot cover. This may include vehicle repair or replacement costs, as well as compensation for personal property inside of your vehicle that was damaged or destroyed in the accident.
- Medical expenses. Many vehicle accidents result in severe physical injuries that require extensive treatment. The defendant who injured you is fully responsible for all immediate and future medical treatment costs arising from your injuries. This includes future in-home care and rehabilitative treatments you may require for catastrophic injuries.
- Lost wages. When you are unable to work and earn income because of the injuries you suffered, the driver who injured you is liable for the income you are unable to earn because of the accident. This applies to any paid time off or vacation hours you were forced to use after the incident.
- Lost earning potential. Unfortunately, serious car accidents can leave victims unable to work and earn income in the future. If you are unable to return to your previous job and must take lower-paying work, or if you are unable to work at all due to the severity of your injuries, the defendant is liable for your lost future income. Your Lake County rideshare accident attorney will help you accurately calculate these losses.
The average person may be able to assess immediately noticeable damages like their hospital bills and vehicle repair costs without an attorney, but determining the full scope of long-term economic damages is more difficult without an attorney’s help. When you choose Franks Gerkin Ponitz Greeley to represent your rideshare accident claim, our goal is to help you recover the maximum compensation possible under Illinois law.
We know how to accurately calculate the full scope of economic damages you can claim from the defendant in your case. We take time to learn as much as possible about each client and the effects their accident has had on their life to ensure we help them maximize their case award. Additionally, we can help you argue for as much pain and suffering compensation as you believe to be appropriate to reflect the severity of the harm you suffered.
Claiming Pain and Suffering Compensation in an Illinois Personal Injury Case
Illinois state law does not cap or limit pain and suffering in vehicle accident claims. This means that once a plaintiff has proven a defendant is directly responsible for causing their personal injury, the plaintiff has the right to claim as much pain and suffering compensation as they believe to be reasonable to reflect the scope and severity of the harm they suffered.
Your Lake County rideshare accident attorney can help you determine a suitable amount that reflects any long-term or permanent harm the defendant caused, as well as the overall severity of your injuries. Plaintiffs who have suffered catastrophic or permanent harm from an accident typically recover more pain and suffering compensation than those expected to make full recoveries.
Your attorney may use a multiplier calculation to determine pain and suffering by multiplying the total of your economic losses by a factor that represents the severity of the accident in question. Alternatively, if you are expected to make a full recovery in the short term, they may seek a “per diem” settlement that awards pain and suffering compensation based on the number of days it takes for you to fully recover.
Punitive Damages and Shared Liability
Punitive damages can come into play in a personal injury case when a defendant’s actions were illegal or if they exceeded the scope of standard negligence. For example, causing an accident by DUI or reckless driving is likely to lead to punitive damages. These damages are awarded at the discretion of the judge, and the amount paid typically depends on the defendant’s overall financial status.
Illinois also follows a modified comparative fault rule. If you were riding as a passenger in a rideshare vehicle when your accident happened, this is unlikely to apply to your case. However, if you were driving your own vehicle and you are found to have partially caused the accident, you should expect to absorb some comparative fault for the resulting damages.
Under the modified comparative fault rule, a plaintiff’s percentage of fault is taken from their final case award as a penalty. However, they must be less than 50% at fault; otherwise, they lose the ability to claim compensation for their damages. For example, if the plaintiff is found 30% at fault, they lose 30% of the total compensation claimed from the defendant. If they were found 55% at fault, they cannot claim anything from the defendant.
What to Expect From Your Lake County Rideshare Accident Attorney
Ultimately, resolving a rideshare accident can be more challenging than resolving a standard motor vehicle accident claim in Lake County. The right attorney will be an invaluable asset for helping you maximize your compensation and taking full advantage of all the recovery options available to you.
When you choose Franks Gerkin Ponitz Greeley to represent you in your recovery efforts, you will be prepared to confront any unexpected challenges that arise in your legal proceedings with confidence. We have years of experience helping our clients in Lake County and surrounding areas of Illinois with all types of difficult motor vehicle accident cases, including those arising from rideshare accidents.
You have a limited time in which to file an auto insurance claim after a rideshare accident, and you will contend with the statute of limitations if you must file a personal injury claim against the at-fault driver. You can rely on the team at Franks Gerkin Ponitz Greeley to provide comprehensive legal representation through the insurance claim filing process and a subsequent personal injury claim.
Contact our team today to schedule a consultation with a Lake County rideshare accident attorney and find out how we can assist you with your recovery efforts.
