Road accidents are alarmingly common in the United States, out of which pedestrians are the most vulnerable victims. Pedestrians do not have any gear protecting them, so they often have devastating outcomes.
Handling a car accident can be complex, but handling rideshare pedestrian accidents is even more complicated. This is because the liability for rideshare accidents is not as clear. You need to have a clear understanding of such accidents, as what you do after being involved in a rideshare accident as a pedestrian can affect your future.
This guide will walk you through the essential actions to protect yourself legally and financially.
The measure you take right after getting hit by a rideshare driver makes a lot of difference. Here’s what you need to do:
- Ensure Safety First: Move to a safer location if you can and check for any injuries.
- Call Emergency Services: Call 911 and ask for emergency services; this includes the cops and paramedics. It is crucial to get medical help to ensure your safety.
- Report the Incident: Once the cops are at the scene, report the incident, state only the facts, and avoid speculation.
- Gather Evidence: Document any injuries, the accident scene, vehicle numbers, etc. This will come in handy during your claim.
- Obtain Witness Information: Collect names and statements of people who have witnessed the accident.
Understanding Liability in Rideshare Accidents
Rideshare drivers need not just work for a rideshare company. As independent contractors, they may be associated with multiple companies or just find passengers on the way. To determine the involved parties, you need to check the driver’s status during the accident, such as:
- Off-Duty: If you were hit while the driver was off duty, only the driver can be held liable.
- On App, But Not on Trip: You can get limited compensation from the rideshare company in such cases.
- On the Way to Pickup: The company coverage increases if the driver is on the way to pick up a passenger.
- On a Trip: You can avail the highest compensation from the company if the driver was on a trip with a passenger at the time you were hit.
Filing a Claim
The next step to secure compensation for your losses is to file a claim. Here is what you need to know about it:
- Determine Who to File With: You need to determine who you need to file the claim with. This depends on the status of the driver. If he was off duty, you need to file the claim with the driver’s insurance; if not, then you can file the claim with the rideshare company’s insurance.
- Provide Necessary Documentation: The claim you file must be supported by relevant documents that support your claim. This can include:
- Police report
- Medical records
- Photos of the accident
- Witness statements
- Beware of Insurance Adjusters: Insurance adjusters are individuals hired by the insurance company to assess your claim. Their main motive is to minimize the company’s payouts. Many use bad faith tactics, leaving you with insufficient funds.
Beware of such tactics and take necessary precautions.
When to Seek Legal Help
You may think you can just deal with the claims process on your own. But this process is much more tricky than you may anticipate. The legal process and other formalities can be confusing and stressful for people, especially when injured, so it is crucial to hire an experienced lawyer to handle your claim.
Here is how a lawyer can be beneficial:
- Insurance Companies: They can handle all the communications with the insurance companies, ensuring they do not bombard you.
- Gathering Evidence: They can gather additional evidence to support your claim, ensuring you get compensation for all losses you face.
- Meeting Deadlines: Legal processes such as filing a claim often have deadlines that can lead to denial if missed. Lawyers can ensure no deadlines are missed.
- Ensuring Compensation: Lawyers will ensure you receive your rightful compensation through negotiation or litigation.
- Recovery: Once you have handed over the claims process to a lawyer, you can rest assured that it is being taken care of and focus on your recovery.
