The big rideshare companies have structured their businesses to minimize overhead and avoid liability. Unfortunately, this can make recovering compensation from these companies after an accident involving a rideshare driver quite challenging. The good news is that you don’t have to go it alone. An experienced Santa Fe rideshare accident attorney can help.
At the Zinda Law Group, we have recovered over $210,000,000 for our clients over the years. Our team keeps up with all the latest legislation regarding rideshare companies so that we can best represent our clients in these cases. Reach out to us today to schedule a free consultation with one of our Santa Fe car accident lawyers.
The Rideshare Company’s Insurance Policy
Rideshare companies classify their drivers as independent contractors instead of employees. By doing this, these companies limit the benefits and protections they must provide to their drivers while also limiting their liability in the case of an accident. Because of this, it can be challenging to recover the full value of your claim if you sustain damages in an accident.
Rideshare companies are required to carry insurance. However, their policy will only kick in fully in certain situations. These companies require their drivers to carry their own insurance policy, which will serve as the first line of compensation for those injured in an accident.
The level of coverage provided by the rideshare company will vary depending on the work status of the rideshare driver at the time of the crash. Three common scenarios can lead to different coverage situations when a rideshare driver is at fault for a crash.
The Driver Isn’t Signed into the Rideshare App
If the rideshare driver is responsible for an accident and was not signed into the rideshare app at the time of the crash, the rideshare company is not liable for any resulting damages.
Since the rideshare company’s insurance policy does not activate in this scenario, you will be reliant upon the driver’s personal insurance policy. If your damages exceed their coverage limits, you can file a lawsuit against the driver directly to recover the rest of the money you are entitled to.
The Driver Is Signed into the Rideshare App but Hasn’t Accepted a Ride
The rideshare company’s insurance policy will kick in at a limited level in this situation. While your first option for recovering compensation will remain to file a claim with the driver’s insurer, if your damages exceed their coverage limits, you can also file a claim with the rideshare company’s insurer.
However, their coverage limits in this situation are relatively small, so you may still need to file a lawsuit to recover the full amount of your losses.
The Driver Is Signed into the Rideshare App and Has Accepted a Ride
In this scenario, the full coverage of the rideshare company’s insurance policy takes effect. Full coverage is available whether the driver has picked up the passenger yet or not. The insurance policies of the large rideshare companies cover damages up to $1,000,000 in these cases.
After filing a claim with the driver’s insurance, you can pursue the rest of the compensation you deserve by filing with the company’s insurer. If your damages still exceed the coverage limits or the insurance company fights your claim, you may need to file a lawsuit to recover the full value of your claim.
For a free legal consultation with a rideshare accidents lawyer serving Santa Fe, call 800-863-5312
Damages an Experienced Santa Fe Rideshare Accident Attorney Can Help You Claim
Following a serious injury caused by a rideshare accident, there are many types of damages you can claim. No two accidents are alike, meaning the damages available vary from case to case. Fortunately, an experienced rideshare accident attorney serving Santa Fe can help you identify the damages you are eligible to pursue.
Economic damages are meant to compensate you for the losses you suffered due to your accident that were financial in nature. The most commonly awarded economic damages in rideshare accident cases include:
- Medical costs
- Projected future medical expenses
- Lost wages
- Lessened ability to earn income
- Property damage
Non-economic damages are awarded as a replacement for all the other losses that resulted from your accident. The most commonly awarded non-economic damages in rideshare accident cases include:
- Loss of consortium
- Loss of companionship
- Emotional distress
- Permanent disability
- Pain and suffering
- Scarring and disfigurement
- Mental anguish
- Diminished quality of life
Punitive damages differ significantly from the compensatory damages listed above. Punitive damages are not used to replace losses sustained by an accident victim. Instead, the purpose of these damages is to punish the liable party for causing the accident to occur.
Punitive damages are only awarded in a small percentage of cases. For punitive damages to apply, the at-fault party must have acted with the purpose of causing harm or been criminally negligent.
Rideshare Accident in Santa Fe lawyers near me 800-863-5312
File Your Rideshare Accident Lawsuit on Time
After suffering damages in a rideshare accident, you need to ensure you act quickly to recover the compensation you need and deserve. The personal injury statute of limitations in New Mexico generally permits accident victims to file a lawsuit within three years of their accident.
Missing the filing deadline will likely mean the loss of your right to claim compensation. Hiring an attorney early is the best way to avoid losing your right to claim compensation because of an unexpected deadline.
Get in Touch With an Experienced Rideshare Accident Lawyer Serving Santa Fe Today
Hiring an experienced Santa Fe rideshare accident lawyer is the best way to ensure you recover the compensation you deserve after an accident. At the Zinda Law Group, our legal team has the knowledge and experience needed to put you in the best position to recover the money you need.
Contact us today by giving us a call, using our chat tool, or completing our contact form, and schedule your free consultation with a member of our team.