Navigating Rideshare Accidents in Henderson, Nevada: Your Guide to Uber Accident Claims & Legal Rights
Ridesharing services like Uber and Lyft have become incredibly popular over the last decade, providing a convenient and affordable way to get around. However, with more rideshare vehicles on the road, accidents involving them are bound to happen. If you've been involved in an Uber or Lyft accident in Nevada, you probably have a lot of questions about your rights and options. This guide breaks down everything you need to know about making an accident claim and understanding your legal protections.
Determining Liability in a Rideshare Accident
The first step after any accident is figuring out who was at fault. This can be tricky with ridesharing since there are multiple parties involved. Here are some key factors in determining liability:
- Was the driver en route to pick up or drop off a passenger? If so, their rideshare insurance should cover damages. If they had the app on but no passenger, their personal insurance may deny the claim.
- Did the accident involve another vehicle? If so, typical rules of the road apply. The driver who was negligent or violated traffic laws is usually deemed at fault.
- Was the accident the rideshare driver's fault? If they caused the crash due to distracted driving, speeding, etc., their insurance should pay out. If they were not at fault, the other driver's insurance is responsible.
- Did a defect with the vehicle contribute? Product liability laws mean the automaker could share fault. Detailed accident investigations help assess if this played a role.
Thoroughly documenting the accident and gathering witness statements is key to proving fault. Consulting rideshare accident lawyers Nevada early on can also help establish liability.
Navigating Insurance Coverage with Uber Accidents
- Insurance is often the most confusing part of rideshare accidents. Here's how coverage works: Uber Insurance Phase 1: This phase starts as soon as a driver logs into the app, but has not accepted a ride. During Phase 1, Uber provides third-party liability insurance up to:
- $50,000 per person for injuries
- $100,000 total for injuries per incident
- $25,000 for property damage.
- Uber Insurance Phase 2: This phase is in effect from the time the driver accepts a ride and is on their way to pick up their passenger. During this phase, Uber insurance is primary and provides a $1,500,000 liability policy per incident. This policy has higher limits than most personal auto policies.
- Uber Insurance Phase 3: This phase is in effect from the time the driver picks up a passenger to drop-off. During this phase, Uber insurance is primary and provides a $1,500,000 liability policy per incident. Again, this policy has higher limits than most personal auto policies.
Nevada passed a law in 2015 (Assembly Bill 175) that regulates transportation network companies like Uber and Lyft and requires minimum liability coverage levels, to help prevent problems like Uber insurance policy limits. Nevada lawyers experienced in working with rideshare accident victims are familiar with this.
Steps to Take After a Rideshare Accident
It's important to take proactive steps after any auto accident, but particularly with rideshares, given the complexities. Here are key things to do at the scene:
- Check for injuries and call 911 if medical attention is needed
- Avoid admitting fault, even if you think you caused the crash
- Exchange info with other drivers (license, registration, insurance, etc.)
- Take photos of the damage, the scene, and injuries
- Get witness statements and contact info
- Note relevant details like the weather and road conditions
- Call the rideshare company right away to report the accident
- Seek medical attention even for minor injuries due to delayed onset
- Contact rideshare accident attorneys Henderson to discuss your legal options
Thorough documentation and early legal guidance will optimize your ability to recover damages. An attorney can handle the insurance claims process for you while you focus on recovery.
Your Legal Rights and Options After a Rideshare Accident
Rideshare accident victims have legal rights and options under Nevada law. An attorney can help you understand and exercise the following:
Ability to seek compensation - As the victim, you can make an injury claim or lawsuit to pursue compensation for both economic and non-economic damages. These include medical bills, lost wages, pain and suffering, and more.
Shared fault - Nevada uses a "comparative negligence" system. So, even if you were partially at fault, you can still recover compensation reduced by your percentage of fault. An attorney can help establish where the fault lies.
Strict one- or two-year deadline - For injury claims in Nevada, you typically have only one year from the accident date to file a lawsuit. In rideshare cases, it's two years. This deadline comes quickly, so pursue legal action promptly.
Ability to demand a jury trial - Those suing for serious damages have the right to request a jury trial vs. a bench trial. Juries often award higher damages.
Potential for punitive damages - If the rideshare company or driver's actions were grossly negligent or reckless, punitive damages may be awarded as further punishment. But this threshold is high.
Consulting with legal counsel ensures you understand your options and can make informed decisions on pursuing maximum compensation.
Why Hire an Attorney?
With complex insurance policies and liability questions, rideshare accident cases have many moving parts. An attorney experienced in this area can help by:
- Conducting a detailed investigation to establish fault
- Navigating complex insurance claims on your behalf
- Determining all liable parties and legal avenues for recovery
- Estimating damages and crafting a demand letter backed by evidence
- Negotiating aggressively to reach the maximum settlement
- Filing a lawsuit if needed and effectively arguing your case
- Avoiding common pitfalls that reduce settlement values
- Allowing you to focus on recovery while we handle legal matters
Don't go it alone. With so much at stake, it’s important to speak to an attorney about protecting your rights and getting the outcome you deserve.
Contact Us for Help
If you or a loved one has been injured in a rideshare accident in Nevada, the legal team at Karns & Karns Personal Injury and Accident Attorneys is here to help. Contact us for a free consultation to discuss your case. With decades of combined experience successfully handling motor vehicle injury claims, our Nevada rideshare accident lawyers have the skills and tenacity to get you maximum compensation. Don't wait to reach out - we're available 24/7 to offer trusted guidance when you need it most.
