Fairfax, VA Rideshare Accident Lawyer

Fairfax, VA Rideshare Accident Attorney

The increased use of rideshare services has also increased the number of accidents that involve rideshare vehicles. Whether you are a rideshare passenger, rideshare driver, or another driver, it can be complicated to determine how to recover compensation for your injuries and file an insurance claim. A Fairfax, VA, car accident lawyer is a necessary resource when investigating and navigating the process of a claim.

In a car accident, injured parties can file insurance claims with the party at fault for the accident. Because rideshare drivers are not considered employees, this complicates liability when they are at fault for an accident. In some cases, claims are filed with their personal insurance, like any other car accident. However, in other cases, the rideshare company is vicariously liable for the actions of its drivers. Filing an insurance claim with a corporation’s insurance provider is often overwhelming and difficult.

By working with a Fairfax, VA, personal injury lawyer, you can determine what compensation you have a right to and secure a fair settlement from the at-fault party.

Legal Advocacy With a Skilled Fairfax Rideshare Accident Lawyer

At Whitlock Law, LLC, we can represent those who are injured in rideshare accidents. With decades of collective experience in personal injury claims and a primary focus on motor vehicle accident claims, our firm is equipped to advocate for your financial and personal interests. We have handled claims against corporate insurance providers, so we understand how to effectively investigate and negotiate these claims.

Whether in a settlement or in court, we work to secure the compensation that our clients deserve. We can calculate the extent of your damages, determine who was at fault for the accident in Fairfax, and advocate for the maximum and fair compensation that is available.

Determining Liability in Rideshare Accident Claims

Rideshare accidents and their resulting claims may be handled differently from standard car accidents, depending on the specific circumstances of a collision. In a car accident in Virginia, injured parties file claims with the at-fault driver’s insurance provider. This is also the case in certain rideshare accidents, such as if a third-party driver is liable or a rideshare driver is at fault but not working. If the at-fault driver’s personal car insurance does not cover your injuries, you may be able to file with your own insurance policy.

If the rideshare driver is working and at fault for the collision, claims are filed with the rideshare company’s insurance provider. The amount that is available in the policy further depends on what the rideshare driver was doing as part of their work. The rideshare insurance policy has different maximum coverage, depending on whether rideshare drivers were waiting for a ride request, actively driving a passenger, or picking one up.

Damages Available in Rideshare Accident Claims

If you were not at all liable for the accident and your injuries, you could recover the entirety of your financial and personal losses in a rideshare accident. Although some rideshare accidents may be minor fender-benders, others can result in severe injuries and other damages. Depending on your location in the accident, you may be facing car damage on top of serious injuries. An insurance claim should recover any legally recognized damages you sustained, called compensatory damages.

One type of compensatory damages is economic damages. These have a clear financial value and may include:

• Medical Expenses: This covers any medical bills that an injured party has because of the accident, including hospitalization, surgeries, medications, medical devices, doctor’s visits, and other costs.
• Expected Medical Costs: You can also recover future anticipated costs. These may include long-term treatment, physical therapy, at-home care, and expected medical complications from your injuries.
• Lost Income: This compensation recovers the typical wages you would have earned if you had to take time off work to recover from an injury.
• Lost Earning Capacity: If your injury prevents you from returning to work, full-time or at all, these damages replace the pay that you would have earned during your life.
• Property Damage: This may cover the cost to repair or replace a vehicle or expensive items that you had on your person.

Noneconomic damages are compensatory damages that do not have a specific monetary value. These address the emotional and psychological harm that an injured party suffers. Damages include:

• Physical pain and emotional suffering
• Mental trauma
• Loss of enjoyment of life
• Loss of consortium
• Disability and loss of limbs

These noneconomic losses significantly affect a person’s life despite not having a financial value. Compensation for these losses will not fix the harm done, but it acknowledges the loss and provides the injured party with more financial ability to heal and relearn how to operate in their daily life.

Noneconomic damages and anticipated economic damages are both difficult to accurately calculate for most people. Attorneys have years of experience determining how to fairly calculate these damages, and they can anticipate the common complications that may be expected from your type of injury. This experience helps you get the most from your claim. Your attorney can also gather the relevant evidence that proves the extent of your damages, better supporting your claim.

Some cases may also include punitive damages, which may be awarded when the at-fault party acted with egregious recklessness or malice. These damages can also significantly affect the outcome of your settlement. Punitive damages are awarded by the court to punish the at-fault party and prevent future similar behavior.

How Does a Rideshare Accident Attorney Help Me?

There are several benefits to working with an attorney after a rideshare accident; primarily, you are more likely to have a successful claim and obtain the maximum settlement available in your situation. An experienced lawyer can help you in some of the following ways:

• Accident investigation. After a rideshare accident, it may not be clear what party was at fault for the collision. An attorney can review the crash and its cause to determine the party or parties who caused it. This is crucial to knowing where your claim should be filed. If the rideshare company was particularly negligent, such as by allowing a rideshare driver to be on contract despite being unqualified, this is also relevant when determining how to file a claim.
• Legal knowledge and resources. An attorney possesses significant knowledge about state, federal, and local laws for car accidents, including those that apply to rideshare companies. This knowledge can help your case immensely. Attorneys also have more resources than individuals, which is especially helpful if you are filing with a rideshare company’s insurance. These providers have a lot of resources of their own.
• Evidence collection. In addition to investigating to determine fault, an attorney can investigate the accident to gather evidence that supports your lack of fault, the damages you suffered, and other elements of your claim.

All these efforts are done on your behalf and for your benefit, but you don’t have to stress about the process. Instead, you can take this time to get some necessary rest and recover.

FAQs for Rideshare Accident Attorneys

Q: Is Rideshare Insurance Required in Virginia?

A: Rideshare companies are required to have a minimum amount of insurance in Virginia to cover accidents and injuries caused by their drivers. The amount of coverage that a driver has relies on whether they are working but do not have a ride or if the driver is transporting a passenger. This insurance can be maintained by a company partner, by the company itself, or a combination of the two. If the partner holds the insurance, that company must verify that the policy is held.

Q: How Much Can Someone Sue for a Rideshare Car Accident in Virginia?

A: How much you can sue for a rideshare car accident in Virginia depends on the amount of damages you sustained in the accident, who was at fault, and the maximum insurance coverage of the at-fault party. The losses you suffered, including medical costs and physical pain from an injury, damage to property, and lost income to recover, will affect how much compensation is fair to request in a settlement. If a rideshare driver is at fault, the claim is filed with the rideshare company, which has a maximum coverage of $1 million.

Q: How Long After a Car Accident Can You Sue in Virginia?

A: How long after a car accident that you can sue in Virginia is typically two years after a personal injury. This is the statute of limitations on a civil personal injury claim. If you do not file a civil claim within that time, you lose your right to file. However, many car insurance companies have shorter time limits for filing a claim, and most car accidents result in car insurance claims. It’s important to file as soon as possible.

Q: Should I Tell My Insurance About a Rideshare Accident?

A: You should tell your insurance about a rideshare accident if you were a third-party driver in the accident. Rideshare drivers should tell their company’s insurance provider. If you were a passenger in a rideshare vehicle that was involved in an accident, you may or may not want to file a claim. If you will need to file a claim with your insurance provider for an under- or uninsured driver being at fault, you will want to inform your provider of the accident.

Navigating a Complex Claim After a Rideshare Accident

Whitlock Law, LLC, can help support you after a traumatic accident. Contact our team to see if you have a viable claim.