Category Archives: Auto Accident

November 18, 2023

5 min read

When you are hit by a drunk driver, you may be eligible to pursue financial restitution for your harms and losses . Recoverable damages may include reasonable compensation for your medical bills, lost income, property damage, and pain and suffering. The amount that may be recovered is typically determined by these factors and how the injuries you suffered negatively impacted your life. A victim of a drunk driving accident can also pursue punitive damages, which can be imposed as a way to punish and deter bad conduct by motorists.

Legal Options for Accidents Caused by Drunk Drivers

After a collision with an impaired motorist, there are several ways you could try to obtain monetary compensation for damages. The right choice will depend on factors including your state’s rules and the extent of your harms and losses. Here are some of the different approaches to resolving your case accident with a drunk driver case:

Make a Claim With Your Own Insurer

Your own insurance company could sometimes foot the bill if you were involved in an accident with a drunk driver. Getting compensation from your insurer could be an appropriate option in the following situations:

If you live in a “no-fault” state and your injuries were not serious. In no-fault states, you generally recover compensation for medical bills and lost wages from your own insurer when injuries were minor. This is true regardless of who was to blame for the accident. You can only take legal action against the other driver once injuries exceed a certain level of severity.
If you were at fault for the collision. Although driving drunk is illegal, that does not always mean the intoxicated driver is to blame for every accident. If you caused the crash and the other driver just happened to be drunk, that would not mean the impaired motorist must pay for your losses. You would need to see what coverage your own insurer would provide. If you have MedPay coverage, for example, your insurer might cover your medical bills.
If the drunk driver had no insurance or too little coverage. In these circumstances, your own insurer could pay out if you have underinsured or uninsured motorist coverage.

Settle Your Case

If the drunk driver is to blame for the accident, settling your claim out of court could enable you to recover compensation without filing a lawsuit. If the drunk driver’s insurer accepts fault and offers you a lump sum payment, you could decide to accept and forego any future claims. A lawyer can help you to negotiate a fair settlement, so do not assume you must accept the first offer the impaired driver’s insurer makes. And remember, a settlement means giving up your right to sue so make sure the compensation fully covers all of your harms and losses before accepting.

File a Lawsuit Against the Impaired Driver

If you cannot resolve your claim with an out-of-court settlement, you may need to file a lawsuit and prove your case in court. If you can successfully prove the drunk driver harmed you and can prove the number of damages you sustained, you should be awarded compensation to “make you whole” for the accident. Remember, though, the impaired driver’s insurer will only pay compensation up to the policy limits. If you are awarded more money above-and-beyond the available insurance coverage, you may have to try to collect directly from the impaired driver. This can often be a challenge.

File a Lawsuit Under Dram Shop Laws

In some cases, establishments that serve alcohol to impaired drivers can be held legally liable (under the Dram Shop Law) if the intoxicated motorist causes a crash after leaving their establishment. This means you could potentially pursue a claim against a bar or restaurant that served drinks to the person who caused your collision. A DUI accident lawyer can help you to determine if this is an option in your case.

Victim Restitution vs. Civil DUI Lawsuits

If the drunk driver is convicted, the court will order the driver to pay victim restitution. The purpose of restitution is for offenders to repay victims for financial losses related to their crimes. In most cases, judges cannot order restitution for non-economic losses like pain and suffering, though judges routinely order offenders to pay for the cost of a victim’s counseling. Offenders make restitution payments to a county or state agency and then the agency pays you. If an offender willfully fails to pay restitution, the offender can be sent to jail or prison for violating probation or parole. Unlike a criminal prosecution, you decide whether to bring a civil claim against the drunk driver.

Civil damages include all the economic damages that you can recover through a victim restitution order and non-economic damages like pain and suffering. In most states, you might even be able to get punitive damages if you go to trial and win. You can pursue both victim restitution and a civil claim, but you are only entitled to be compensated once for your harms and losses.

Will I Be Awarded Punitive Damages?

It depends. If you were injured by a drunk driver, the judge or jury may award you punitive damages. Punitive damages differ from the compensatory damages you will receive for the physical harm and financial loss you suffer. Punitive damages are not intended to reimburse you for your harms and losses, but instead are awarded by judges and juries as a means of punishing a wrongdoer, such as a drunk driver. If awarded, punitive damages will be in addition to any compensatory damages you receive.

Do I Need To Hire a Lawyer?

If you were injured in a DUI crash, you are not required to hire a lawyer. You can represent yourself in negotiations with insurance adjusters and in civil court. But a lawyer can help you get the best possible outcome in your case and minimize the stress and hassle of navigating the criminal and civil legal systems during a difficult time in your life.

Written by Kelly Anderson

Reviewed by Patrick Austin, Esq.

November 13, 2023

5 min read

Auto Accident Negotiating with Insurance Companies

If your car is damaged in an accident and the cost to repair it is more than the car’s actual value, it may be considered “totaled.” This can be the case if your auto insurance company decides it cannot be repaired safely or if it meets other requirements specified by your state.It is very common for total loss vehicles to still have an auto loan against them. Why? Because, most people cannot afford to buy a brand-new car in cash so they finance the purchase. Once a car is driven off the lot, it depreciates; therefore, it is very easy for people to owe more on their cars than they are worth. So, what if your car is totaled and you still owe money on the loan?

What Does It Mean When Your Car Is Totaled?

For a vehicle to be declared a total loss by an auto insurance company, it must meet one of several criteria:

The car costs more to repair than its actual cash value. For example, State Farm says it bases actual cash value on the car’s “year, make, model, mileage, overall condition, and major options- minus your deductible and applicable state taxes and fees.”
The insurer determines that the car cannot be repaired so that it will be safe to drive.
A state’s auto insurance laws can dictate when a car is considered totaled.

State insurance laws and auto insurance companies have formulas for determining whether a car should be considered a total loss. Many states use a “total loss formula”- if the cost of the repairs plus the salvage value of the car exceeds what the car was worth before the accident, then it will be considered a total loss. Some states set a “total loss threshold”- the damage only needs to exceed a certain percentage of the car’s value for it to be considered a total loss. In New York, for example, the threshold is 75%. So, if the cost of repairs plus the car’s salvage value exceeds 75% of its actual cash value, then the car is a total loss for insurance purposes.

How To File an Insurance Claim for a Total Loss

If your car was totaled in an accident in which another driver was at fault, you can file a claim with that person’s insurance company. Your own insurance company may help you through the claims process. In every state except New Hampshire and Virginia, drivers are required to carry at least a certain minimum amount of property damage liability coverage. (Both New Hampshire and Virginia have a financial responsibility law requiring that drivers without insurance can prove that they could cover any damage they might cause.) On the other hand, if you were at fault (or no other driver was involved), you will file a claim with your own auto insurance company. To do that, you must have collision or comprehensive insurance coverage as part of your policy. Collision insurance covers damage to your car in an accident with another vehicle or an object such as a tree or guardrail. Comprehensive covers damage from causes other than a collision, such as fire, wind, flooding, vandalism, or a falling object. Both comprehensive and collision insurance are optional. They both have deductibles, which is the amount you must pay before your insurer will pay. For example, if you have a $500 deductible and your car is totaled in an accident, your insurer would deduct $500 from your insurance settlement.

How Much Will My Auto Insurance Company Pay Me for the Totaled Car?

Generally, your insurer will pay you the value of the vehicle minus any deductible. The current value of the vehicle is the market value, or the price that the car could be expected to resale for had it not been totaled. If the car was totaled in an accident caused by another driver, the driver’s insurer is likely to be responsible for compensating you for the vehicle’s value without any deductible.

Insurance Company’s Decision

If you disagree with the adjuster’s assessment, you can first try to resolve the matter with your insurance company. If you cannot come to an agreement with the insurer, talk to the consumer services personnel at your state insurance department. If that does not work, and the amount of money involved is substantial, you may consider hiring a private lawyer or a public adjuster to help press your case.

A Total Loss on a Financed or Leased Car

If you still owe money on the totaled car, the situation is more complicated, especially if your car is relatively new. Because new cars depreciate quickly in the first few years of ownership, it is not uncommon for the balance on a car loan to be higher than the car’s actual value. So, in addition to whatever you receive from the insurance company, you may have to pay for your loan out of pocket. You will also be responsible for the difference if you owe more on your lease than you receive in an insurance settlement.

Gap Insurance

A term to familiarize yourself with when dealing with a totaled vehicle with an outstanding car loan is gap insurance, which stands for “guaranteed auto protection.” Gap insurance covers the difference-or the ‘gap’-between the actual cash value of your vehicle and the current outstanding balance on your loan or lease if your vehicle is totaled in an accident. Suppose your auto insurance declares your vehicle a total loss and offers a payout based on the car’s actual cash value. In that case, it could be significantly lower than the loan balance, especially for a newer vehicle that depreciates quickly. That is when gap insurance comes into play.

Who Is Responsible for Paying the Car Off?

Ultimately, you are. You agreed to borrow a certain amount of money at a certain percentage rate and to make all payments until the car is paid off. Without the collateral of the car (when your car is a total loss) the lender will expect loan repayment in full. There is a considerable danger in “rolling over” your note to buy a new car and include the balance due on a previous car. If you get into an accident, you could end up owing a significant amount of money on a totaled car.

Written by Kelly Anderson

Reviewed by Patrick Austin, Esq.

November 6, 2023

5 min read

Auto Accident Negotiating with Insurance Companies

If someone else drives your car and is involved in an accident, but they are not at fault, the other driver’s liability coverage will likely be accessible to cover the property damage and bodily injury stemming from the collision. If the at-fault driver does not have enough auto insurance coverage, your policy’s uninsured/underinsured motorist protection may be necessary to cover the difference. If you lend your car to someone who is at-fault in an accident, though, your own auto insurance coverage will likely apply. It is important to read the fine print of your auto insurance policy documents, to ensure that you understand your insurer’s permissive use policies and exactly what they cover.

Am I Liable for a Car Accident if I Was Not Driving My Car?

The general rule is that the driver who causes the accident is liable for the damages. Therefore, if you let someone else drive your automobile, and they get into an accident that was caused by a driver in a different vehicle, then the other driver is most likely to held liable.

If someone else was driving your car and they caused the crash, two factors will determine whether you can be held liable or not:

the terms of your auto insurance policy, and
whether you permitted their use of your vehicle

Most auto insurance policies provide coverage to the vehicle, not to the driver in it. This means that the liability coverage generally extends to the person driving your vehicle, even if it was not you (i.e. the policyholder).

When Will Your Insurance Cover an Accident That Happens When Someone Else Is Driving?

Your auto insurance will only cover an accident that someone else caused in your car if that person was already included on your insurance policy, or if you gave them explicit permission to drive.

When it is a permissive driver: In most cases, if you give permission to someone else to drive your car (making them a permissive driver) and they cause an accident, your auto insurance will cover the costs. That is because your auto insurance policy will be the primary insurance, whether you were in the car with them at the time. To put it more simply, car insurance usually follows the car, not the driver. Just like if you were the one driving, your collision coverage would pay for damage to your own car, and your liability coverage would cover damage the permissive driver did to someone else’s vehicle or person (although coverage for other drivers may be more limited than it is for people listed on your policy, so you should check the specifics with your insurer). If the damage to others that the permissive driver caused in the accident exceeds your limits, the permissive driver may have to involve their own auto insurance provider, and their liability insurance may help cover the costs. If the person who was driving your car does not have their own insurance, they may be on the hook financially for damages to the other party.

When it is your spouse or anyone else on your policy: Unless your spouse or any other household members are specifically excluded from your policy, they are probably already on it with you. Most insurance companies require all drivers in a household to be listed on a policy. And anyone named on your policy gets all the same coverage you do when you are driving, so if your spouse or someone else who shares the policy with you causes an accident, your insurance will cover it.

Permissive vs. Non-Permissive Use

“Permissive use” simply means that your friend had permission to drive your car. What happens if a friend borrows your car without your permission (known as non-permissive use)? In some instances, your friend’s auto insurance will kick in as the primary coverage- not your coverage. But if your friend has no auto insurance, you may need to turn your policy to cover damage or injuries. Here is another twist. Let us say the wreck involving your friend causes catastrophic damage and your third-party liability insurance limit does not cover it. In this situation, your friend’s auto insurance might have to make up the gap. Even if your own auto insurance policy is enough to cover the entire bill for damage, your insurer might try to recover money from the friend’s auto insurance company- a process known as subrogation.

When Will Your Insurance Not Cover an Accident That Happens When Someone Else Is Driving?

If there was not permissive use: Your insurer may deny insurance claims for a car accident if someone borrowed your vehicle without your explicit permission, i.e., non-permissive use.
If the driver was not legally licensed or was impaired: As the owner of the vehicle, it is your responsibility not to lend it to someone without a valid driver’s license, whose license is suspended, or someone who is obviously impaired. If you do lend your vehicle to a reckless or illegal driver, your insurer may deny a resulting claim. So, it may seem obvious, but you should think twice about handing your keys to anyone with a history of speeding tickets, drunk driving, DUIs or other black marks on their driving record.
If the driver was listed as a named exclusion: You can list people on your policy as excluded drivers, meaning you are explicitly excluding them from your coverage. If an excluded driver uses your vehicle and gets in an accident, your insurer will not extend coverage.

Get To Know Your Car Insurance Coverage

One of the most important things you can do to prepare for any eventuality is to learn everything you can about your auto insurance policy. You should contact your auto insurer to find out exactly what they cover and what your liabilities may be if you let a friend or family member borrow your vehicle. Review your auto insurance policy and have your insurance provider explain any sections that you are unsure of. If you expect to give permissive use of your vehicle to someone frequently, be sure to ask “Can someone drive my car and be covered on my insurance?” It is a good way to protect yourself from out-of-pocket expenses if there is an accident.

Avoid Risk/Liability

The best way to avoid risk and liability is to not lend out your vehicle to others. However, while never loaning your car to another might be sensible, legally speaking, it is hardly neighborly. There are times when we’ve all needed a helping hand, and it is only natural to want to help your friends/family in turn. If you are thinking about lending out the use of your car, truck, or SUV to someone, please exercise all due caution. Take care to judge the situation using what you know about the person- and never loan your vehicle to someone who is intoxicated or does not have a license.

Written by Kelly Anderson

Reviewed by Patrick Austin, Esq.

October 31, 2023

5 min read

Auto Accident

Getting involved in a car accident can be a traumatic and life-altering experience. It is crucial to understand the importance of legal representation following a serious collision. Hiring a car accident lawyer can help protect your rights and ensure you receive the financial restitution you are owed for your injuries and damages. When you are involved in a car accident, insurance companies and other parties may try to minimize or deny your injury claim. Having a lawyer by your side can level the proverbial playing field and help you navigate the complexities of the legal claims process. Attorneys possess the knowledge and experience to negotiate with insurance companies, gather evidence, and build a strong case on your behalf. By hiring a lawyer, you can ensure that your rights are protected, and you receive the compensation you deserve. They will fight for you and handle all legal aspects of your case, allowing you to focus on your recovery. But, when it comes to retaining a lawyer for a car accident, time is of the essence.

Barriers to Filing a Claim

There are situations that may prevent you from filing a claim, such as:

The statute of limitations has passed: In every lawsuit, there is a certain amount of time in which a claim must be filed, known as a statute of limitations. For car accident lawsuits, the statute of limitations is generally two years, but will depend on the specific circumstances of your case. For example, the statute of limitations applicable to a car accident injury case may be different from a medical malpractice injury case. In addition, the state where you reside will impact the applicable statute of limitations since they are a product of state legislatures.
You accepted a settlement offer and signed a waiver liability release: Your claim is considered fully resolved once you accept a settlement offer with the insurance company. You will then sign a waiver releasing the other party from liability. If you accept a settlement offer, then you forgo your rights to take your case to court.
Discharge in bankruptcy: If the at-fault driver declares bankruptcy, it may complicate efforts to seek compensation through a legal claim.

Exceptions to the Time Limitations

While statutes of limitations generally establish strict deadlines, some exceptions may apply in specific circumstances:

Minor or incapacitated individuals: If the accident involves a minor or an individual who was incapacitated at the time of the incident, the clock may not start ticking until they reach the age of majority or regain capacity. This exception allows additional time for these individuals to pursue legal action.
Discovery rule: The discovery rule applies in situations where the injuries or damages resulting from the car accident were not immediately apparent. In such cases, the time limitation may begin from the date the injuries were discovered or should have been discovered through reasonable diligence.

Factors To Consider

Determining whether it is too late to get a lawyer for a car accident requires considering several factors. While each case is unique, the following elements play a significant role in assessing the timeliness of seeking legal representation:

Time since the accident: The longer you wait, the more challenging it becomes to gather evidence and build a strong case. Memories fade, witnesses may become harder to locate, and physical evidence may be lost.
Nature and severity of injuries: Serious injuries often necessitate ongoing medical treatment, rehabilitation, and future care needs. The severity of your injuries can impact the potential compensation you may be entitled to.
Complexity of the case: Some car accident cases involve complex legal issues, such as multiple parties, shared fault, or disputes over liability. These complexities require skilled legal representation.
Availability of evidence: Evidence is crucial in establishing liability and proving the extent of damages. Delaying legal action can result in the loss or destruction of evidence, making it harder to build a strong case.
Insurance company negotiations: Dealing with insurance companies can be challenging, especially if they attempt to undervalue or deny your claim. Hiring a lawyer early on can help level the playing field. They have experience negotiating with insurance companies and can protect your rights during settlement discussions.

Importance of Seeking Legal Representation Early

Seeking legal representation early can be crucial in many cases. For instance, if you are involved in a car accident, it is advisable to contact a lawyer as soon as possible. An experienced injury lawyer can help you navigate through the often chaotic and confusing world of insurance claims and injury settlements in the wake of a car accident. Most injury lawyers work on a contingency fee basis, meaning your lawyer only gets paid if there is a successful resolution to your claim. By preserving evidence, navigating legal processes, dealing with insurance companies, and evaluating damages, a skilled lawyer can make all the difference in the outcome of your case.

Steps To Take When It Seems Late

If you believe it may be too late to get a lawyer for your car accident case, it is still worth exploring your options. Follow these steps to assess your situation and determine the best course of action:

Consultation with a lawyer: Schedule a consultation with an experienced car accident lawyer to discuss the specifics of your case. They can evaluate the circumstances, consider any exceptions or unique aspects, and provide guidance on the best way forward.
Case evaluation: During the consultation, the lawyer will conduct a thorough evaluation of your case. They will review the available evidence, assess the strengths and weaknesses, and provide an honest assessment of the potential outcomes.
Commencing legal proceedings: If it is determined that legal action is still viable, your lawyer will guide you through the process of commencing legal proceedings. They will handle the necessary paperwork, negotiate with opposing parties, and represent your interests in court if required.

While it is always advisable to seek legal representation promptly after a car accident, it may not be too late to get a lawyer even if some time has passed. Hiring a lawyer can ensure your rights are protected, maximize your chances of fair compensation, and navigate the complexities of the legal system.

Written by Kelly Anderson

Reviewed by Patrick Austin, Esq.

September 20, 2023

5 min read

Auto Accident Injury claim process Negotiating with Insurance Companies

When the insurance company determines your car is totaled, that means the cost of repairs is greater than its estimated value. However, that does not guarantee you can pocket the cash when your accident claim gets paid. Who gets the insurance check when a car is totaled depends on the following:

Whether You Own the Vehicle

If you are the owner of the car and do not owe anything on it, the negligent driver’s insurer may pay you the Actual Cash Value (ACV) of the vehicle in its pre-crash condition. The ACV is typically based on the price of similar models in your area with the car’s age, mileage, and wear and tear factored in. Your insurance deductible will not be a factor if the other party’s insurance company pays the claim. However, if you are partially at fault, are responsible for the accident, or no one is at-fault for the damage to your car, you will likely pay the deductible. This is also the case if the at-fault driver is uninsured or underinsured.

Whether You Still Owe on Your Vehicle Loan

The bank or finance company will receive the settlement proceeds if you have a balance on your loan. Then the insurance company will write you a check for the remainder (if there is any). Oftentimes, the check is issued to you and your lender; you must endorse it before submitting it to the lender, which then sends the title of the vehicle to the insurer. An insurance settlement may not cover the balance you owe on a vehicle loan. This is because vehicles depreciate over time and insurance companies typically do not cover amounts that exceed what a vehicle is worth (unless you file a personal injury claim). You will most likely still have to make payments if the car is totaled; failing to do so can hurt your credit.

What Exactly Does Total Loss Mean

A vehicle is a total loss (or totaled) if any of the following apply:

The vehicle cannot be safely repaired
Repairs would cost more than the vehicle’s estimated value
The damage meets your state’s total loss guidelines

The Total Loss Formula

Insurance companies use a Total Loss Formula (TLF) to determine whether it is more cost-effective to repair a vehicle or declare it a total loss. The TLF is calculated as the cost of repairs plus the salvage value. If that number equals or exceeds the car’s ACV, the car is considered a total loss.

How State Laws Impact the Totaled Vehicle Process

Insurance regulations for totaled vehicles can vary considerably across different states. Here are some of the key state-level factors:

Total Loss Thresholds

Varies by state – Some states use a 70% threshold for totaling cars, others go as high as 100%. This affects when insurers will declare a total loss.
Percentage of car value – The threshold represents what percentage of the car’s pre-accident value the repair bill exceeds. Higher thresholds make total losses less likely.
Set by state governments – Individual insurers cannot arbitrarily set their own total loss thresholds. They must adhere to the percentage dictated by each state.

Mandatory Salvage Titles

Title branding varies – When an insurer claims a totaled car, some states require the title be branded as “salvage.” Others do not brand titles at all.
Impacts resale value – A salvage title indicates the car sustained extensive damage. This makes the vehicle far less valuable if you choose to keep and repair it.
Beware of title washing – Illicit sellers may try to “wash” the salvage brand from the title history of damaged cars. Only consider vehicles with clean titles.

Sales Tax on Replacement Vehicles

Tax savings in some states – A few states waive sales taxes on the purchase of a replacement vehicle following a total loss claim. This can save you hundreds of dollars.
Check with your state – Most states still require you to fully pay sales tax on a replacement vehicle, even after a total loss. There is no tax break.
Keep tax savings in mind – If you live in a state that does waive tax for replacement cars, it can impact the ideal timing of when to buy the new vehicle.

Carefully research the total loss and salvage title laws in your state. They govern key details impacting the value of your settlement and can either cost you more money or provide savings when replacing your car.

State-Level Considerations:

Total loss thresholds dictate when insurers must declare cars totaled.
Some states require salvage branding of totaled car titles.
A small number of states provide sales tax waivers on replacement vehicles.

Will My Insurance Company Reimburse Me for a Totaled Car?

Not every insurance policy pays for a totaled car. Collision coverage will cover the cost of repairs minus the deductible. Meanwhile, comprehensive coverage covers losses caused by a weather event, theft, vandalism, or hitting an animal. Other types of insurance that can pay for a totaled car include property damage liability coverage (when the other driver is at-fault), uninsured/underinsured motorist coverage, and new car replacement coverage. However, gap insurance may cover the difference if you owe more on your loan/lease than what the insurance company says the vehicle is worth.

A Possible Tax Break

If your vehicle is totaled, you may qualify for a federal income tax deduction for the unreimbursed portion of your loss. This is a casualty loss deduction and is not available if willful negligence or act on your part caused the accident.

Depending on your income and other deductions, it may take quite a large unreimbursed loss to achieve a benefit on your tax return:

Unless your car was totaled in a federally declared disaster, the casualty loss deduction is only available if you itemize your deductions, rather than using the standard deduction.
To calculate the deductible amount, reduce the unreimbursed loss by $100. Then, you can only take a deduction to the extent your total casualty losses for the year exceed 10% of your adjusted gross income.

The IRS determines the loss amount differently from how insurers calculate it. For details on the casualty loss deduction, talk to a tax professional or consult IRS Publication 547.

Written by Rachael Goldstein

Reviewed by Patrick Austin, Esq.

September 1, 2023

6 min read

Auto Accident

Rideshare services like Uber and Lyft have made traveling more convenient but have also brought a new set of road safety issues. While taxis have obviously been around for quite some time, Uber and Lyft has put millions more drivers on the road providing professional transportation services. So who is held responsible in an accident caused by an Uber or Lyft driver? Is the driver solely responsible, or can the rideshare company also be held accountable for any harms and losses you suffer due to the Uber or Lyft driver’s actions, or inactions, that caused the accident? These questions are why understanding how Uber and Lyft insurance coverage works and what to do after an accident is so crucial.

Most Common Causes of Uber and Lyft Accidents

Rideshare services like Uber and Lyft have become increasingly popular, but they also come with risks. Some common causes of accidents involving these platforms include:

Distracted Driving: This can occur when drivers split their attention between picking up or dropping off passengers, checking the rideshare app for directions and updates, or using other mobile devices for other reasons while driving.

Fatigue: Rideshare drivers often work long hours to earn more income which may lead to drowsiness behind the wheel. This significantly increases the possibility of an accident.

Reckless Driving: Another significant factor is reckless driving, which can involve speeding, irregular lane switching, and ignoring traffic signals–all potentially leading to an accident.

Weather Conditions: It’s essential for Uber or Lyft drivers to take weather into consideration. Rain, snow, or fog can drastically reduce visibility and slippery roads increase the possibility of accidents.

Drunk Passengers: Uber and Lyft drivers certainly pick up their fair share of intoxicated riders. While this is almost always a good thing, as it means they aren’t driving drunk, understanding that drunk passengers can contribute to accidents is important. It might surprise you, but they can be at least partially responsible for some accidents by causing distractions and even physical disruptions while on move.

Steps To Take After an Uber or Lyft Accident

If you’re involved in an Uber or Lyft accident, certain steps can ensure proper handling of the situation.

Make Sure You’re Safe

First and foremost, in the wake of an accident, evaluate your safety; examine yourself for any possible injuries. Since shock and adrenaline might keep actual pain at bay initially, don’t dismiss minor discomforts. It’s always a good idea to seek medical attention after the accident.

Call 911

Contact 911 if it’s a notable collision and requires professional medical assistance or law enforcement intervention. This is critical because police reports serve as valuable evidence during legal proceedings later on.

Document The Scene

Documenting the scene can be extremely helpful too. For example, take pictures of damage to any vehicles involved and injuries you suffered. Also get photos of the scene of the accident, including different angles that show the conditions of the road and any traffic lights or stop signs.

Get Driver Information

Gather details about your Uber or Lyft driver, such as their name, contact information, make and model of the vehicle you were in, and their license plate number. You should also get their insurance information.

Additionally, try to obtain the same information from any other drivers involved in the accident.

Obtain Witness Information

If there were any witnesses the accident, get their contact details, as you can provide this information to your lawyer who can then get their statements later. This could provide crucial evidence that corroborates your version of what happened, allowing you to obtain the compensation you’re entitled to.

Contact an Attorney

Finally, consult an attorney that specializes in personal injury claims, especially those involving rideshare vehicles, as they can be a bit more complicated than traditional motor vehicle collisions. Most personal injury attorneys offer free, confidential consultations.

How Insurance Works In Rideshare Accidents

Uber and Lyft insurance coverage is broken down into distinct periods depending on the activity of the driver. It’s crucial to understand the implications of each period for both drivers and passengers:

Period 0 – Offline: This is when the driver is not logged into the app and is therefore just driving on personal time. In this case, the driver’s personal automobile insurance coverage applies to any accidents that they are involved in.
Period 1 – Online without a ride request: Here, the driver is online on the app but hasn’t received any ride requests. Both Uber and Lyft provide liability coverage during this time, but the driver’s personal policy will be used first. Uber and Lyft’s additional insurance coverage may kick in if necessary.
Period 2 – Online with a ride request but no rider: The driver has accepted a ride request but has yet to pick up the passenger. Uber and Lyft’s insurance policies fully cover this period.
Period 3 – Online with rider in the vehicle: Like in period 2, Uber and Lyft provide comprehensive coverage until the rider exits the car.

Recoverable Compensation After an Uber or Lyft Accident

When you’re involved in an Uber or Lyft accident, there are several types of damages you may be able to recover:

Medical Expenses

Medical expenses are usually the top priority here, as they can add up quickly. These can include ambulance fees, hospital visits, medical procedures, physical therapy sessions, and even long-term care costs if needed.

Property Damage

If you were involved in an accident with an Uber or Lyft driver and you were in your own vehicle, you could be entitled to compensation covering property damage, like costs for replacement or repair of your vehicle.

Lost Income

Lost wages often come into play after car accidents. if your injuries prohibit you from working (either temporarily or permanently), you can recover compensation for your lost wages – past and future.

Disfigurement

You may also have a right to recover compensation for any physical disability or disfigurement caused by the accident.

Pain and Suffering

Pain and suffering is one of the most common types of non-economic damages. This accounts for physical pain caused by injuries you suffered as result of the accident. This could include dealing with chronic pain issues post-collision.

Emotional Distress

You may be able to recover compensation for emotional distress, which aims to compensate you for psychological injuries, such as anxiety, depression, or post-traumatic stress disorder (PTSD).

Loss of Consortium

Loss of consortium refers to the negative impact an accident has on an intimate relationship between spouses or partners. This could manifest as loss of companionship or affection and inability to maintain sexual relationships.

Loss of Enjoyment of Life

This involves recovering compensation because the injuries you suffered interfere with your enjoyment of life. For example, if an injury following a car accident impedes your ability to participate in hobbies you previously enjoyed, like hiking or playing basketball, you may be able to recover monetary damages for this.

The types and amount of compensation you can recover after an accident is very case-specific, and it’s always a good idea to speak with a personal injury lawyer to discuss your options.

Contact a Lawyer to Discuss Your Claim

If you are involved in an accident while using these services – or you’re involved in an accident with an Uber or Lyft driver on the road – it’s important to know what steps to take to protect yourself and get the compensation you’re entitled to. Always contact a personal injury lawyer as soon as possible after the accident.

Written by Kelly Anderson

Reviewed by Patrick Austin, Esq.

September 1, 2023

5 min read

Auto Accident

In most car accidents, it is possible to review the available facts and evidence to determine which motorist (or motorist) should be held liable, also known as being at fault, for causing the collision. Determining fault in a car accident involves identifying the negligent driver responsible for the crash. In some cases, it is easy to determine which driver acted carelessly due to their behavior while driving. The negligent driver could be held responsible for any injury, property damage, and even death caused by their improper conduct. However, there are times it can be difficult to tell who is at fault in an auto accident. Complicating things further is the fact that multiple entities might determine fault in the wake of a car accident, including law enforcement agencies, insurance companies, and the courts.

Insurance companies assess the damage and review the events preceding the wreck. They gather information from both parties (or, all parties if the wreck involves more than two vehicles), and any available witnesses. The insurance companies then attempt to determine who caused the collision. Based on the decision, an insurance company is handed the responsibility of compensating accident victims for their bodily injuries and related damages. The degree of fault is another complication. If, for example, you were merging onto a highway while another driver is attempting to exit and there is a wreck, both parties could be considered partially liable for causing the crash. So, your insurance company might agree to 70 percent of the damages, while the other driver’s insurance might take the remaining 30 percent, assuming you reside in a state that adheres to the comparative negligence doctrine. Split or shared liability (fault) varies by state, and some states consider a driver who is 50.1percent or more “at fault” to be 100% liable for damages (this is known as the contributory negligence doctrine). In most states, if both parties are considered 50 percent liable then they are both considered to be at fault and would need to be covered by their own policy in most cases.

No-Fault State vs. Tort State Insurance Laws

Car insurance law is different in every state, which will affect the way your claim is processed. Most states are considered fault states, or tort states. In these states, the insurance companies will investigate the crash to determine who caused it. The party found at fault will likely need to pay for the damages of the crash using their liability insurance. There is sometimes the option for the other party to sue for damages. In fault states, drivers are required to carry a certain amount of liability coverage whenever they are on the road. Alternatively, in no-fault states, drivers will need to use their own insurance to pay for medical bills, regardless of who caused the accident. In these states, drivers are required to have something called Personal Injury Protection (PIP) insurance, which covers medical bills after a car accident. However, drivers can still be found at fault for property damage after an accident, and need to carry liability coverage for this. No-fault coverage only applies to medical bills. 12 states have no-fault laws, and three of those states give drivers the option to choose between fault or no-fault coverage.

Who Determines Fault- the Police, Insurance Companies, or Both Parties Involved in the Accident?

Who ultimately determines fault in car accidents is a highly debated question without one definitive answer. Generally, the police make initial rulings as to who is at fault shortly after the car crash occurs, but they typically lack complete information which can lead to inaccurate conclusions. To ensure complete and accurate liability determinations, insurance companies often conduct more thorough investigations and have their own set of standards for assessing fault.

Steps the Insurance Company Takes To Determine Fault in a Car Accident

Once you file a car accident claim with the insurance companies, they will investigate the accident. An adjuster oversees the investigation and the settlement negotiation process. The adjusters take many of the same actions as the police when they investigate the case, including:

Reviewing medical reports.
Reviewing the police report.
Checking the damage to the vehicles.
Checking damage to the road and nearby property.
Interviewing witnesses.
Verify the details of the insurance policies for the drivers.

In some cases, the insurance adjuster will go to the accident scene usually if the road or nearby property sustained damage because of the wreck. Once the insurance companies have all the information and evidence needed, they assign fault and pay or not accordingly.

What Happens if Both Drivers Are at Fault in an Accident?

Because of the ambiguity of filing a car insurance claim, it is relatively common for both parties to be partially at fault for the accident. How this situation is handled will depend on your state’s insurance laws and your insurance company. In most cases, both insurance companies will work together to assign a fault percentage to each party involved in the accident. For example, one party may be found 30 percent at fault while the other is 70 percent at fault. There are a few ways that this can affect the payout. In most cases, the person who was 30 percent at fault will receive 70 percent of the payout and vice versa. However, in some states, you cannot receive a payout if you are found to be more than 50 percent at fault for the accident. In this situation, the person who was 70 percent at fault would not receive a payout, while the person who was 30 percent at fault will receive 70 percent of the total value of the claim. In some rare instances, you cannot receive a payout if any fault is found. In this situation, someone who is found to be 10 percent at fault for the accident still would not be able to receive a payout. If neither party is at fault for the accident, most insurance companies will assign a 50/50 split, with each party receiving an equal amount of the payout. It is also very common for insurance companies to negotiate using several multiplying factors to determine appropriate payouts. It is important to communicate clearly with your insurance company throughout the entire claims process to ensure a fair payout. Make sure to keep thorough documentation of your car repairs, medical payments, and any other ways that the accident has affected your life.

What Happens When Fault Cannot Be Determined in a Car Accident?

Sometimes the car insurance company or companies cannot determine who was at fault in a car accident. When that happens, car insurance companies typically refuse to pay any personal injury claims associated with the collision. Drivers seeking compensation from the car insurance company will likely need to pursue legal action such as arbitration, which allows a neutral arbiter to decide who was at fault instead of going to court. The other option is for an injured party to sue the other driver and seek compensatory damages in civil court. If you go to court, a judge and jury will be tasked with determining who was at fault and what damages, if any, should be awarded to the injured party, or parties.

Written by Kelly Anderson

Reviewed by Patrick Austin, Esq.

August 24, 2023

5 min read

Auto Accident Personal Injury

If you are an injured pedestrian, you are probably wondering who will pay your medical bills while you recover from the accident. A pathway to get compensation for your accident-related losses may be through a personal injury claim filed against the motorist’s auto insurance policy. If settlement negotiations fail, you can file a lawsuit in civil court. The statute of limitations is between 2-4 years to file a lawsuit against the at-fault motorist who caused the collision while you were crossing the street. Pedestrians typically file personal injury claims against the driver who hit them and potentially the city or state government responsible for planning or maintaining the road where the accident happened. A driver who is at fault for a pedestrian accident may be sued so that the injured party can recover compensation for their harms and losses, such as lost wages, medical expenses, and pain and suffering. Typically, an at-fault driver’s auto insurance company will be responsible for compensating the accident victim for the damages suffered as a result of a pedestrian accident. However, what the insurance company pays for depends on the driver’s policy limits and extent of the victim’s damages.

Filing a Personal Injury Insurance Claim Related to a Crosswalk Accident

If you are an injured pedestrian, you need to figure out who might be responsible (liable) for your harms and losses. Options typically include:

The driver, or drivers, involved in the accident (or their employers if the driver was on company business at the time of the accident);
the owners of all cars involved in the accident if the owners are different from the drivers;
anyone who contributed to the accident; and/or
your own auto and health insurers.

Most injured pedestrians file claims against the driver’s liability insurance policy (or the car owner’s if the owner is different from the driver). Almost all states require vehicle owners and drivers to carry liability insurance to cover the costs of property damage and personal injuries they cause when they are at fault for an accident. (A dozen or so “no-fault” insurance states have a different system for covering pedestrian injuries.) Pedestrians might also use their own health insurance to pay medical bills after an accident or even their own car insurance. Many car insurance policies cover you when you are driving and when you are walking. Your insurer may then seek reimbursement from an-fault driver’s insurer.

Pedestrian Liability

Although drivers are usually held liable for crosswalk accidents, pedestrians can also contribute to the amount pedestrian accident victims through their actions or inactions. Some examples of pedestrian negligence that can shift or share liability for traffic and pedestrian accidents can include:

Crossing against the traffic signal or outside of a crosswalk;
Failing to look both ways before crossing the street;
Being under the influence of drugs or alcohol;
Walking while distracted, such as using a phone or listening to music; and
Wearing dark clothing or not using reflective gear in low-light conditions.

Comparative negligence is a tort principle used by the court to reduce the amount of damages that a plaintiff can recover in a negligence-based claim according to the degree of negligence each party contributed to the incident. Specifically, when an injured victim was partially at fault because of their own negligence, the court may assign a percentage of fault to both the injured victim and the defendant. For instance, if the court assigns 60% fault to the defendant and 40% to the plaintiff, the plaintiff may only recover 60% of the damages, rather than the full. There are two types of comparative negligence in the United States, as well as contributory negligence, so damages awarded vary from state to state.

Who Pays for the Injuries and Damages

The reason liability is so important to determine in pedestrian crosswalk accident injury cases is because the liable party will be responsible for paying the damages of all parties involved- or, more likely, their insurance provider will be responsible for paying compensatory damages to the accident victim. If one party is determined to be completely at fault, then they will be responsible for paying their own bills, as well as the damages suffered by the accident victim.

Cases of shared liability can be a bit more complicated, and the way damages are paid can vary from state to state. Some states use a “pure comparative negligence” rule, which allows you to recover a certain percentage of total damages based on how much of the liability you share. Let’s say the jaywalking pedestrian sustained $100,000 in injuries. Because they were 40% responsible for the accident, they can collect $60,000 in damages from the driver (their total damages, reduced by the percentage of their share of responsibility). The driver, if they sustained the same amount in damages, could in turn collect $40,000 in damages from the pedestrian.

Other states use a “modified comparative negligence” rule which allows you to recover damages so long as you are less than 50% at fault. So, in the same example, the jaywalker would be able to collect damages, but not the driver. A few states use an all-or-nothing rule called “contributory negligence.” Under this rule, you cannot collect any damages if you contributed to the accident in any way. So, neither party would be rewarded damages in the accident described above.

What if the Driver Was Uninsured or Underinsured?

If the driver who hit you was uninsured or underinsured, you may still be able to recover compensation from your own auto insurance policy, depending on your own insurance coverage and limits. For example:

You could get payment for your medical bills if you have Medical Payments Coverage
If the driver who harmed you had no insurance or too little insurance, you could recover under your uninsured or underinsured motorist coverage. Your own insurer would cover the damages the other driver’s insurance should have paid if that driver had been properly insured
If you live in a no-fault state and have personal injury protection (PIP) coverage, you may recover compensation for medical bills and lost wages from your PIP coverage if your injuries are minor.

What Damages Can Pedestrians Recover From Car Insurance?

Your specific recovery will depend on the injuries you sustained and your ability to return to a normal life afterward. Each damage will fall into two categories: economic and non-economic.

Economic Damages– Medical expenses, lost wages, physical therapy, etc.
Non-Economic Damages– Pain and suffering, loss of earning capacity, disfigurement, etc.

Written by Kelly Anderson

Reviewed by Patrick Austin, Esq.

July 26, 2023

5 min read

Auto Accident Work Injury

After a traffic accident at work, one of the most urgent questions you may have is whether you are personally responsible for the accident. If you are driving a company car or truck and cause an accident, you probably expect the accident to be covered by your employer’s auto insurance. Businesses are generally liable for the actions of their workers, including motor vehicle accidents caused by workers who are on the road as part of their job. But you may be held personally responsible for a car accident during work, depending on the circumstances. When determining liability in car accidents involving company vehicles, the question largely hinges on whether the employee was performing duties under the scope of their employment at the time of the crash.

Employer Liability for Car Accidents During Work

Most states have vicarious liability laws that make an employer responsible for the actions of their workers. These liability laws often cite the legal doctrine of respondeat superior. This fancy Latin term means employers are, in general, legally responsible for the actions, or inactions, of their employees while acting within the scope of their employment. The employer’s responsibility extends to situations where an employee’s negligence harms an individual who in turn files a personal injury lawsuit seeking compensatory damages for injuries and property damage. In most cases of auto accidents on work time, the employer’s liability coverage indemnifies the employee against lawsuits by third parties. This means the employer’s insurance company protects the employee from having to personally pay for injured people’s damages. Indemnifying an employee also means the employer’s liability insurance pays the worker’s legal fees if they are named in a lawsuit after the accident. Federal employees or personnel authorized to drive government vehicles may be protected by the Federal Tort Claims Act as they were acting within the scope of their duties.

When the Employee is Responsible for Accidents

Criminal Activity: An exception to employee indemnification applies when the employee is committing a crime while driving a company vehicle. If the accident involves criminal activity, the employer may rightfully refuse to indemnify the employee from third-party lawsuits. This can include driving under the influence of drugs or alcohol.
Going on a frolic: If you are goofing off with the company vehicle, some jurisdictions call that a “frolic.” If you are in an accident while running personal errands, even if it is during your work time, you may be personally liable for any property damage or personal injury claims made by others, even injuries to co-workers who might be goofing off with you.
Independent contractors: Using your personal car on behalf of the company, like for pizza deliveries, may not protect you from personal liability if you are in an accident while on the job. If you lease a company-owned vehicle like a taxi cab or tractor-trailer, your contract could have language that makes you liable for any accidents involving the vehicle.
Non-business activity: Having a company car is a great perk, especially if you have use of the vehicle 24/7. Read the fine print in the vehicle agreement with your employer. You are probably not indemnified if you cause an accident while using the company car to commute to and from work, or while on personal or recreational travel outside of business hours.

Are Employers Liable for Injuries in a Work-Related Accident?

Your employer may be responsible for injuries in a work-related accident, which ultimately comes down to vicarious liability. In short, your employer is liable if you are an employee working or otherwise serving your employer at the time of an accident. For this reason, most employers carry liability insurance for injuries an employee could cause in an automobile accident. However, employers rarely carry insurance for property damage if an employee uses their personal vehicle for work. An employee’s injuries in a crash would likely be covered under a workers compensation claim.

Can I get Workers’ Comp After an On-the-Job Car Accident?

If you do happen to get into a car accident while on the clock and within the scope of employment, and the accident leads to damages such as medical costs or lost income, you can file for workers’ compensation. Bear in mind that none of these rules apply if you are on your commute to work. While it may seem that traveling to the office would count as within the scope of employment, it does not. This is referred to as the “coming-and-going” rule. Still, there are some exceptions. For example, if you are on-call, in most cases your drive to the job would be covered within the scope of employment. For employees who are required to spend significant time traveling, such as nurses, the commute may be covered. Employees while on business trips are also likely protected.

Workers Comp vs. Liability Insurance

Even though these policies have different coverages, they are complementary in practice. We can describe that relationship like this: employers liability insurance kicks in where workers comp stops. Both policies cover workplace injury, only different aspects of it. Workers’ compensation covers the costs related to the injury without alleging liability on the employer’s side. Employers’ liability insurance covers expenses if the employer gets sued for punitive damages. That means that workers comp must cover the accident-related costs, whereas the employer’s liability covers the employer if they are somehow responsible for the incident. The employer’s liability coverage is broader than the workers compensation coverage because it responds to a wide array of claims. Workers’ compensation kicks in whenever there is an injury in the workplace, and the employer’s liability is triggered where an employee sues the employer for negligence.

Protection When Using Your Personal Car for Work

If you use your vehicle for purposes other than travelling to and from work, you should be aware of any insurance requirements in order to avoid getting into problems. Commercial insurance may be necessary depending on the type of use and the quantity of driving required. Your personal car insurance, with an exception, may be sufficient to cover light business use of your personal vehicle; but you should never assume you are protected without first checking with your insurance company. Any company that permits or compels workers to use their personal vehicle for business purposes should either obtain hired and non-owned coverage separately or add it to an existing auto policy. Non-owned coverage protects vehicles owned by employees but operated on behalf of the company, whereas hired coverage protects vehicles not owned by the company or the driver.