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Over the past decade, rideshare companies have quickly replaced taxis or other forms of motorized transportation as one of the most popular ways to get around town. The convenience is undeniable, and the driving service can be an excellent tool for those looking to safely get home after a late night or after experiencing car troubles.
However, as with any other form of transportation, using a rideshare comes with its own set of risks. When you are in an accident in your rideshare, there may be some confusion about your rights. If your driver was the one who caused the accident, can you still file a claim? If it was a different driver, should you file your claim with Uber or the other driver’s insurance? The Law Office of Shane McClelland, PLLC has proudly served Sugar Land residents for over 15 years with their personal injury needs and would love to do the same for you today.
Even though you are a passenger in a vehicle, you are still owed compensation for your injuries. To understand whose insurance company to file a claim with, you must determine who is at fault for the accident. This can be determined by proving the four elements of negligence: duty of care, breach of care, causation, and the resulting damages. If your driver is responsible for the accident, your claim can be filed with the driver’s insurance and rideshare company. Many larger companies, such as Uber and Lyft, carry special insurance for situations like that.
Texas currently follows a modified negligence law, which means you can be found partially liable for the accident and still recover damages. If you are found to be more than 50% liable for the accident, you will not be able to successfully file a claim. Regardless of what the accident looks like on the surface regarding liability, speak with a Sugar Land, TX Uber accident lawyer to better understand whether or not you have a claim.
Car accidents can result in trips to the emergency room, hospital stays, many visits to may different types of doctors, and can require long recovery periods and missed income opportunities due the inability to work as usual. Even the smallest of collisions can cause long-lasting damages. When you file a claim with the at-fault party’s insurance company, you are entitled to negotiate for compensation for the following losses:
If your accident is a result of wanton negligence or a gross disregard for your safety, you may be entitled to recover punitive damages. These are not calculated based on your losses but instead act as a mechanism to punish the other party to help deter that type of behavior in the future.
When you have a Sugar Land Uber and Lyft accident attorney from the Law Office of Shane McClelland by your side, you are giving yourself the best possible chance at the results you need to move forward after your rideshare accident. Your attorney understands how the insurance company thinks and will handle all aspects of your claim. This includes the filing, the negotiation with the insurance company, and the final settlement offer. Texas currently has a two-year statute of limitations for filing a personal injury claim, so we will ensure all of the proper documentation has been sent out to the correct party before that deadline has expired. And if necessary, we will take your case to court.
While you focus on resting and recovering, your Sugar Land rideshare accident lawyer will handle other important matters, like gathering relevant, time-sensitive evidence to help prove liability. We will also handle all scheduling and act as a professional resource for any questions or concerns you may have throughout the process.
Shane McClelland has been in the business of personal injury for over 15 years and has successfully helped many clients resolve their personal injury claims. With a personalized approach to the confusing world of insurance claims and legal deadlines, our firm is here to act as a constant source of information and guidance throughout the entire process. We will begin the process by carefully reviewing your case and help create a plan of action to get you the financial compensation you deserve.
To see how our Sugar Land, TX rideshare accident attorney can be of service to you today and receive a free case evaluation with legal advice on your best options moving forward, please schedule a free consultation by calling (713) 987-7107 or using our contact form.
