After an accident, you may wonder, “how much is my rideshare accident worth?” There is no set average settlement amount for rideshare accidents. Settlements are determined based on the extent of injuries, medical costs, and lost income. Those involved in accidents must know common settlement amounts, as this knowledge can help them understand what they may receive to aid in their recovery. Settlements can assist in covering medical expenses, compensating for time away from work, and supporting ongoing care or rehabilitation.
If you need assistance with your accident claim, contact Lloyd Miller Law Group at (773) 838-8100.
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What Factors Impact the Value of a Rideshare Accident Claim?
Many individuals rely on rideshare services for a secure mode of transportation, but data suggests that these drivers may not be as safe as commonly believed. According to a recent study, there was a three percent rise in fatal traffic accidents in the years after these companies became prevalent.
After an accident, your compensation for rideshare accident claims in Illinois can be affected by multiple factors. These include the type and seriousness of the injuries, the level of responsibility of the Uber driver, and whether the Uber app was in use.
Severity of Injuries and Medical Expenses
The more serious your injuries, the greater the overall cost of treatment. For instance, an injury that results in lifelong wheelchair use will have higher costs compared to a short-term hospital stay followed by a complete recovery.
The extent of your injuries directly impacts your past, current, and future medical expenses. The medical expenses you have accumulated so far influence the value of your case. The costs related to your past and future medical care are crucial in establishing settlement amounts. This encompasses expenses such as hospital bills, surgeries, medications, and ongoing therapy or rehabilitation.
The full extent of medical expenses might not be immediately evident. Initial hospital bills represent only part of the picture. There might be a need for ongoing treatment or rehabilitation, like physical therapy, to regain mobility. The significance of medical expenses in settlement valuation cannot be overstated, as they directly reflect the financial impact of your injuries and your future care needs.
More severe injuries generally result in higher settlement amounts to cover medical costs, lost earnings, and emotional distress. Factors such as the nature of the injury, its long-term effects, and any resulting disabilities or limitations are critical in determining settlement valuation.
Lost Wages and Future Earning Capacity
Your lost wages and future earnings must be considered when evaluating Lyft accident settlement amounts. If an accident leads to missed work, you may be eligible for reimbursement for the income you would have earned. If your injuries impact your ability to work in the future or reduce your earning potential, you may be compensated. For instance, if you were hospitalized for an extended period or needed time off to recuperate, you may have experienced a loss of income. Like medical expenses, you can pursue compensation for such financial losses.
Comparative Fault
You must prove the other party’s negligence in Illinois to receive compensation. Illinois follows a modified comparative negligence system, where each party is assigned a percentage of fault. If a party is more than 50% at fault, they are not eligible for compensation. If they are less than 50% to blame, compensation will be reduced according to his or her percentage of fault.
This system influences the compensation you can obtain for injuries sustained in a rideshare accident. If you contributed to the accident, your damages will be reduced in line with your level of negligence. Consequently, the more negligent you were, the lower your compensation. If you were more than 50% responsible for the accident, you would not be able to make a claim.
How Ride Phases Impact Rideshare Settlements
The driver’s insurance policy limits and their liability can impact the settlement amount. Policy limit is the maximum amount an insurance company will pay to a policyholder when a covered event happens. Lyft and Uber provide insurance for their drivers, but there are periods when these policies are in effect:
- Period 0: During this phase, the driver does not use the app and does not look for passengers. Any damages are covered by the driver’s personal car insurance policy.
- Period 1: The driver is logged into the app and actively looking for passengers, but there are no passengers in the car.
- Period 2: The driver has found a Lyft passenger and is coming to pick them up.
- Period 3: The driver has picked up the passenger and is taking them to their destination. After dropping off the passenger, the driver returns to Period 1.
During Period 0, if a driver uses the car for personal use, his or her personal insurance policy will cover damages in case of an accident. Even if you discover that the driver works for Lyft or Uber, you cannot seek coverage from Lyft’s insurance unless the driver actively seeks rides through the app.
For Period 1, the driver’s rideshare endorsement serves as the primary insurance, providing coverage for damages up to its limits. However, if the driver does not have a rideshare endorsement or has low insurance limits, Lyft and Uber provide third-party liability insurance. This insurance covers the injuries and property damage sustained by third parties, but it will not cover the driver’s losses, only those of injured victims. It comes with the following limits: $50,000 per person for bodily injury, $100,000 per accident for bodily injury, and $25,000 for property damage.
During Periods 2 and 3, drivers and passengers are covered under extended insurance provided by Lyft and Uber. At this stage, Lyft and Uber offer $1 million for third-party auto liability, underinsured/uninsured motorist bodily injury, first-party coverage, contingent comprehensive, and collision coverage up to actual cash value with a $2,500 deductible.
If the driver is logged into Lyft or Uber, passengers and third parties can seek coverage from Lyft or Uber’s insurance. Otherwise, it becomes a private personal injury case, not a Lyft accident lawsuit. In such a case, you would have to directly pursue compensation against the driver. This may lead to lower compensation than a large company’s insurance payout. The driver may or may not have insurance, or your damages may exceed his or her policy limits. In such a scenario, your insurance may cover you for uninsured/underinsured motorist coverage, or you will have to recover your damages from the driver directly.
How to Calculate the Value of Your Rideshare Accident Claim
It’s essential to consult with an experienced Uber or Lyft car accident lawyer in Illinois to discuss all the details before estimating your rideshare passenger accident settlement amount or assessing the worth of your case. Although rideshare companies like Uber and Lyft offer a $1 million liability insurance policy to protect their drivers and passengers, the value of your claim is influenced by many variables. When evaluating the value of your rideshare accident claim, it’s important to consider:
- The past and future value of your losses
- If several parties contributed to the accident
- The status of the rideshare driver at the time of the accident
After you or your lawyer have established the cause of your accident and collected evidence to demonstrate negligence, you will need to acquire information from your medical providers to assess the seriousness of your injuries and their impact on your future. In simple terms, the value of your claim relies on the extent of the damages you have experienced and will experience in the future due to the accident.
You might be eligible to receive compensation for:
Economic Damages
After an auto accident, your economic damages are the financial losses you have suffered or will suffer. Your economic damages include:
- Lost wages and loss of future earning potential
- Previous and future medical expenses and medication costs
- Cost of medical supplies
- In-home nursing care
- Adjustments to your home or vehicle
- Any other monetary consequences
You and your attorney will have to prove your economic losses. Therefore, keeping records of expenses you incur and retaining all relevant statements, bills, and receipts is important.
Non-Economic Damages
It can be challenging to put a definite value on non-economic damages. These losses don’t come with a specific financial cost, so there are no invoices or receipts to consider. Non-economic damages encompass physical pain and suffering, permanent disability, disfigurement, inconvenience, emotional distress, and loss of consortium. They attempt to compensate you by assigning a dollar value to these damages.
Determine Liable Parties
After you’ve calculated your damages, it’s important to determine who is liable. Rideshare accidents can be complicated as several parties may be involved, such as ridesharing companies, Lyft and Uber drivers, other drivers, and pedestrians. Each party’s role in the accident will impact the amount of compensation they are responsible for. Identifying responsibility will require a thorough investigation, including gathering evidence, speaking to witnesses, and reviewing applicable laws and regulations.
Contacting a car accident attorney is crucial if you’ve been injured in a rideshare accident. They can assess your injuries and give you an estimate of the potential settlement, and know tips for settling a car accident claim. The liability of each party and the rideshare driver’s actions during the accident will also be considered.
How Your Lawyer Can Help You Navigate Illinois Laws and Regulations
Understanding settlements for rideshare accidents is essential to ensure you are fairly compensated for losses. Your attorney can offer valuable guidance on the various factors that impact settlement amounts, allowing you to handle the claims process with confidence effectively. In pursuing compensation for you following a rideshare accident, your lawyer will follow a structured approach designed to provide the necessary assistance to recover from your losses.
Dealing with the claims process can be challenging, particularly involving insurance companies and legal formalities. Attorneys with experience in personal injury can assist individuals who have been in accidents, helping them navigate through this process and defend their rights. If your case progresses to litigation, your lawyer can act as your legal representative in court. Using experience and knowledge, he or she can advocate on your behalf, striving for a positive outcome.
You should be aware of your conduct even after the accident. For example, your TikTok could wreck your accident claim. Hiring rideshare accident lawyers to help gather evidence and establish the full extent of the responsible party’s liability on your behalf is advantageous. Contact us at Lloyd Miller Law Group for legal support following a Lyft or Uber accident.
