Kansas City Uber and Lyft Accident Lawyers

Steps Horn Law Will Take in an Uber or Lyft Accident Claim

1. Legal Investigations

In addition to obtaining police reports and other official documents pertaining to the Uber or Lyft accident, our law firm will conduct independent investigations. Depending on circumstances, driver records, employment records, witness statements, state regulation, laws and statutes, video evidence, etc., all evidence may be relevant in establishing the claim against the Uber or Lyft driver at fault.

Our principal objective with legal investigation is to establish liability as early as possible against all drivers who caused or contributed to the collision. The following are some of the reasons why Uber or Lyft drivers are more prone to causing a collision that results in a sudden onset of injury that requires extended medical treatment and rehabilitation.

• Minimal Regulation: Unlike other types of drivers, much like taxicab drivers, Uber or Lyft drivers are often labeled as “independent contractors” and not subject to safety rules that commercial and other drivers for hire must follow.
• Driver Fatigue: Uber and Lyft drivers often work long hours without adequate breaks. Driving for hire can be quite taxing, especially given the fact that many Uber and Lyft drivers are doing this as a second job.
• Aggressive Driving: Uber and Lyft drivers do not like to miss out on additional rides. As a result, they are much more inclined to drive faster and more aggressively in order to take on more riders. Of course, this kind of hurried or impatient driving substantially increases the chance of a collision.
• Distracted Driving: Uber and Lyft drivers fully depend upon their cell phones and are much more willing to take their eyes off the road to accept a new ride, locate a pickup or track their route to a destination. Habitually using a cell phone behind the wheel greatly increases the chance of a collision.
• No Professional Training: Uber and Lyft drivers are often part-time drivers with no special professional training. While there are drivers of all skill levels, Uber and Lyft only require a criminal background check and an accident-free record to start driving.

2. Establishing Insurance Coverages

Establishing insurance coverages right from the start is vital to obtaining a maximum settlement or award in an injury claim. This is especially true in an Uber or Lyft case where there are multiple insurance coverages in play.

In addition to the Uber driver’s personal coverages, there are company insurance policies that supplement the Uber or Lyft driver’s insurance coverage. Further, other vehicles involved in the collision may provide additional coverage.

Consideration must also be given to health and medical payments insurances. Again, because our client is entitled to only one settlement or award, all applicable avenues of recovery must be filed.

3. Filing Claims

Filing the proper claims with the insurance companies representing the driver and the rideshare company is an important process in maximizing the legal recovery. That is because when insurance companies are notified of a new claim, under state laws, they must put funds aside in order to resolve the claim. These funds are called “insurance reserves.”

Reserves are set by insurance companies in the early and middle parts of the case. It is our responsibility to provide the insurance adjusters information and documentation so that insurance reserves can be properly set. Keep in mind that insurance reserves are frequently adjusted with new evidence. This goes back to why securing the evidence is so important in an Uber or Lyft accident claim.

4. Securing Important Evidence

We can obtain maximum settlements and awards in Uber and Lyft accident cases because we secure vital evidence. In addition to liability evidence discussed above, much of the important evidence (leading to the best results) is connected to the medical evidence.

In this regard, medical records and physician reports are crucial. The day-to-day medical entries made by doctors and therapists can be powerful evidence to prove loss of health associated with the physical limitations caused by traumatic injuries.

In many cases, especially in the case of a motor vehicle collision caused by an Uber or Lyft driver, medical specialists play a key role in providing expert opinions regarding the past, present, continuing, and future effects of a traumatic injury. This detail is important to obtaining a fair and full settlement or award.

5. Making Demands

The presentation of medical evidence, including expert opinions regarding the nature of the injuries, treatments, rehabilitation, and prognosis, together with evidence supporting careless or reckless driving on the part of an Uber or Lyft driver, are key elements in positioning the case so that our injured client is fully compensated.

Our written demand for settlement, sent to the Uber and Lyft insurance claim adjusters, initiates confidential discussions regarding a potential settlement of the injury claims. These negotiations often involve many letters and discussions back and forth.

While some Uber and Lyft accident claims are resolved after initial settlement negotiations, it is more important at this stage of the case that the insurance company representatives are fully informed and instructed of the ultimate claim value.

6. Advanced Negotiations

With almost 30 years of experience in handling motor vehicle accident claims and crash litigation, we are skilled in all forms of advanced negotiations. Advanced negotiations in an Uber or Lyft accident claim can include confidential negotiations with claims supervisors, higher-level insurance representatives, mediation, arbitration, and litigation.

Advanced negotiations are almost always necessary in Uber and Lyft accident cases. This is because an injured person’s damages can easily exceed $100,000, especially if there are extended medical care with high bills and permanent physical restrictions or limitations related to a traumatic injury.

7. Horn Law Code of Conduct

Our law firm will only take on Uber and Lyft accident cases where we can provide a substantial benefit to our client. As we proceed with the legal representation, we will continue to work in the best interests of our injured  client by devoting our full professional abilities and resources to the case.

At Horn Law, Attorneys Doug Horn and Laurie Del Percio, and a team of paralegals have unique responsibilities in the cases we handle. We can handle every aspect of the legal process for our clients in Kansas City, including making sure all valid and enforceable liens are made upon recovery.