Did you recently experience an accident with a rideshare service in Portland, OR? Cases involving Uber and Lyft can be especially complicated. An experienced Portland Uber & Lyft accident lawyer at Tillmann Law Personal Injury Lawyers can help you obtain the compensation you deserve. Schedule a free consultation today by calling (503) 272-8986.
Uber and Lyft are ridesharing services: transportation options available on-demand through apps. They are the two leading rideshare companies today, with millions of drivers and riders around the world.
Despite being responsible for the safety of millions, however, both companies have neglected to implement specific protocols that could help prevent accidents, incidents, and sexual assaults, such as more thorough background checks for drivers.
We represent victims during many types of personal injury claims and lawsuits throughout the state including Portland bus accidents, wrongful death cases, Portland medical malpractice, pedestrian accidents, product liability cases, and more. Find out how our attorneys propose to help you during a free consultation at our local law office in Portland.
After an Uber or Lyft accident, it can be difficult to understand your rights and obtain fair compensation. You might not know which insurance company should receive your claim or how much your damages are actually worth. You might face bad faith tactics from insurance corporations or the rideshare company. The best way to fully understand and protect your rights is to work with someone you trust. Benefit from professional assistance by hiring an attorney.
A rideshare accident lawyer in Portland will want what is in your best interests – not what is best for an insurance carrier or rideshare company. Your lawyer can work closely with you to help you accomplish your individual goals for the case. Your lawyer could also help with your physical and emotional healing after a traumatic car accident or Uber/Lyft sexual assault crime by connecting you with the right physicians and professionals in Portland. Your lawyer can handle all the aspects of your injury claim while you look toward the future.
Before you may file a personal injury lawsuit or insurance claim, you or an attorney must identify the correct defendant. The defendant is the person you are claiming caused your accident and owes you financial compensation. Determining the defendant takes identifying the proximate cause of your accident.
Uber and Lyft accidents occur for all the same reasons as other collisions in Oregon – mainly, driver errors. At Tillmann Law Personal Injury Lawyers, we help clients in Portland identify the causes of their rideshare accidents through professional investigations.
Once we determine the accident’s cause, we can go to work collecting evidence to help prove your case against the defendant, such as a police report, photos of the crash, medical documents, and eyewitness interviews. Our Uber and Lyft lawyers can take many steps to try to protect your rights against the person or party that caused your accident. If you are a survivor of rideshare sexual assault, we can help you collect evidence to support a claim against the criminal involved.
If you are injured in an Uber or Lyft accident, you can struggle to know what to do next. These situations can be scary and overwhelming. However, it is important to remember that the actions that you take after the accident could have a major impact on your future case.
In the aftermath of an accident, you should take steps to protect yourself and preserve evidence. Specifically, you should report the accident to the police, seek medical care, and gather evidence like photographs, screenshots, and videos if you can.
First, call 911 or ask someone to call 911 for you. Speak to the police officers who respond to the scene and answer their questions to the best of your ability. If you do not know an answer, simply state that you do not know.
The responding officers will create a police report that will contain important information that you could use to support your case. Oregon law does require you to report certain accidents to the police, so calling 911 can also help you meet this requirement.
Next, seek medical attention as soon as possible after the Uber or Lyft accident. Save all records that pertain to the injuries that you suffered. These documents will serve as important benefits of your case.
You should always go to the doctor after a collision, even if you do not feel injured. Some injuries do not show symptoms right away, which could be dangerous. To protect yourself and gather evidence for your case, seek medical care as soon as you can.
When it comes to Uber and Lyft accidents, the rideshare driver’s status is very important. Your options for compensation will change based on whether the driver was logged into the app at the time of the accident or had a passenger in the vehicle.
If you were an Uber or Lyft passenger, take screenshots of your app to verify the driver’s status. If you were not inside of the rideshare vehicle, approach the driver if you are able and ask whether he or she was working at the time of the collision.
You should also exchange any contact, insurance, and license details with the rideshare driver and anyone else who was involved in the accident. This information will be very important for pursuing your future claim. If you are unable to collect anyone’s contact details due to your injuries, do not worry—the police report may also contain this information.
If you are able, you should also take steps to document as much evidence as possible. Take multiple photographs and videos of your injuries, debris, traffic signals, skid marks, and the vehicles that were involved in the accident.
If any witnesses saw the accident happen, ask for their contact information as well. These individuals could provide valuable testimony in your case and help corroborate important facts about the collision.
Once you receive the treatment that you need for any injuries, you should reach out to a Portland Uber and Lyft accident lawyer as soon as you can. Do not speak to any representatives from an insurance or a rideshare company until you consult with an attorney.
An Uber and Lyft accident attorney from Tillmann Law Personal Injury Lawyers can evaluate your case, help you plan your next steps, and guide you through each stage of your case. He can also represent you in discussions with the insurance or rideshare company and fight to ensure that your rights and interests are protected.
Rideshare companies have made their position on liability for accidents clear: they classify their drivers as independent contractors, so they are not vicariously liable for the accidents their drivers cause.
In most cases, therefore, you will bring your injury claim with the insurance provider of the individual Uber or Lyft driver, not the rideshare company. If the driver’s insurance is not enough to cover your damages, only then will the rideshare company extend its coverage.
The rideshare company itself would only be liable if your lawyer could prove the company guilty of negligence that caused your damages, such as poor hiring protocols. A third party might also be financially responsible for your Portland rideshare accident.
For example, a driver in a vehicle other than your Uber or Lyft might have crashed into you while texting and driving. In this case, the at-fault driver’s insurance company would pay for your damages. Your own insurer might also provide coverage if you have no-fault insurance.
Speak to an attorney at Tillmann Law Personal Injury Lawyers to find out who might be liable in your rideshare accident claim.
Hiring a personal injury lawyer in Portland, OR can be important for many reasons, one of which is to maximize your financial recovery for an Uber or Lyft accident. A lawyer will know what tactics to use to help you recover fair and full compensation for your damages from the defendant(s), whether through insurance settlement negotiations or a personal injury trial. A successful claim with an attorney’s assistance could repay you for many different damages.
Keep in mind, you generally only have two years from the date of your Uber or Lyft accident to file a personal injury suit. This is the statute of limitations on all personal injury and auto accident claims in Oregon. Contact us as soon as possible after an accident or rideshare sexual assault to ensure you meet your deadline.
Uber requires its Oregon-based drivers to carry liability insurance that is equal or greater to the minimum amounts set by state law. If an Uber driver is involved in an accident while logged into the app and his or her personal policy cannot provide coverage, the company’s own insurance program will apply.
Uber insurance coverage depends on the driver’s status at the time of the collision:
Lyft has a very similar insurance policy as Uber and requires drivers to hold liability insurance in accordance with Oregon law. If the app was off at the time of the accident, Lyft will not provide coverage and the driver’s personal insurance will apply.
If the driver was logged into the app but had not accepted a ride and his or her insurance cannot cover the claim, Lyft will provide:
If the driver was on the way to pick up a passenger or had a passenger in the vehicle, Lyft will provide up to $1 million in liability coverage. The company will also provide comprehensive, collision, and uninsured/underinsured motorist insurance.
It is important to act quickly if you intend to file an Uber or Lyft accident claim. In Oregon, personal injury lawsuits must be filed within two years from the date of the accident. If you fail to file your claim by this date, the court will likely dismiss your case. This deadline also applies to insurance claims.
There are some exceptions that apply to this statute of limitations. For example, if a minor under the age of 18 is involved in the accident, the deadline will not begin until the victim’s 18th birthday. The minor would have two years from his or her 18th birthday to pursue an insurance claim or lawsuit.
Additionally, some Uber or Lyft insurance claims need to be escalated to a lawsuit so that the victim can recover fair compensation. To ensure that you have enough time to pursue a lawsuit in civil court, it is important to file your insurance claim as soon as possible.
To file a claim after an Uber or Lyft accident, it is important to first consult with a lawyer who can represent you during the process. Your attorney will carefully evaluate your case, strategize your optimal steps to recovery, and represent you during any discussions with insurance representatives.
Your first step will likely be to report the accident to Uber or Lyft. You can file the report by visiting Uber’s Safety page or Lyft’s Help page. When reporting the accident to the company, make sure to provide basic facts and avoid making any statements about your injuries or how the accident occurred. Anything you say could affect your future case.
After you report the accident, your lawyer will want to wait until you reach maximum medical improvement (MMI) so that you have a clearer picture of your injuries or damages. Once you reach MMI, he will send an initial demand letter to the company that details your injuries and the damages that you suffered.
When you file the insurance claim, the company will assign a representative to investigate your accident and determine whether you are eligible for compensation. If necessary, your attorney may negotiate with the representative to advocate for a higher settlement.
At the conclusion of your insurance claim, the company will tell you whether you are eligible for compensation and the value of your potential award. If your claim is denied or the company refuses to provide a fair settlement, your claim may be escalated to a lawsuit and your lawyer will begin preparing your case for the courtroom.
Uber and Lyft accident claims can be very complex and may change based on several shifting factors. Having an attorney from Tillmann Law Personal Injury Lawyers on your side can help you navigate this legal landscape and avoid common errors or delays that would otherwise harm your case.
An Uber or Lyft accident in Portland could inflict serious injuries, from broken bones to traumatic brain damage. Working with the lawyers at Tillmann Law Personal Injury Lawyers can enable you to fight back in pursuit of financial recovery. Discuss your potential claim in more detail with our Portland car accident attorneys today, either at our local law office or your home or hospital. Call or send us a virtual message to request your free initial consultation.
Our personal injury law firm in Portland, OR also provides: