Uber Accident Lawyer Silverdale

Have you been searching for an Uber accident lawyer in Silverdale or the surrounding areas? The lawyers at MMK law have been representing individuals involved in car accidents for more than 25 years.  Uber was started in March of 2009 and started operating “Ride Shares” in Pennsylvania in 2014. Since that time, MMK Law has been representing Uber passengers and Uber drivers as well as individuals involved in an accident by an Uber operator. 

Your Ultimate Guide to Maximizing Your Recovery on Your Uber Accident

This web page is designed to provide you with up to date information about your Uber injury claim and to assist you with maximizing your recovery.

Just like accidents are going to happen, so are cash settlements. However, not all cash settlements are equal just as not all lawyers are equal. 

So, let’s start with some basic information:

What is Uber?

According to the company itself, Uber is a platform where those who drive and deliver can connect with riders, eaters, and restaurants. Uber drivers operate their own vehicles and use Uber’s technology, through its app, to connect drivers with riders.  

In the United States, Uber completes as many as 40 million rides per month. With all these rides, there are many accidents.

What Should I Do if I am In an Uber Accident?

First, dial 911.

Second, if you are hurt, seek medical attention as soon as possible. Like right from the accident scene to the hospital if your injuries warrant.

Third, you will want to speak with the best Uber accident lawyer in Silverdale that you can find. The right personal injury attorneys will give you the advice you need if you seek compensation for your injuries or property.

Studies show the longer you wait to report your injuries to a doctor or other medical provider the less your case will be worth.

When Evaluating How Much Money to Pay You, Uber considers:

1. Whether you went to an Emergency Room

2. Whether you went by Ambulance

Look at what Uber’s Accident Form on their App Asks  …

Who Will Pay My Medical Bills?

Pennsylvania is a “No Fault” State.  Therefore, if you are in an accident, even an Uber Accident, medical bills are paid by your own insurance even though your personal vehicle was not even involved in the accident.

 (Don’t Worry … Your personal insurance Co is NOT PERMITTED To Raise Your Insurance Rates for making a Medical Claim) 

If you are a passenger in an Uber accident in Silverdale and you don’t have available coverage of your own, UBER’s Insurance will pay your medical bills. PA Law provides $25,000 of PIP Medical Coverage for Uber Passengers and $5,000 for Uber Drivers.

PA PIP LAW – MEDICAL PAYMENT ORDER OF PRIORITY:

A person who suffers injury in an auto accident shall recover medical benefits from insurance coverage in the following order of priority:

1st: If you have your own auto insurance policy then your own policy pays

2nd: If you do not have your own policy but live with a family member who has an auto insurance policy, then that insurance co pays

3rd: If 1 and 2 do not apply, then the policy covering the vehicle you occupy

4th: If 1 and 2 do not apply and you do not occupy a vehicle then insurance covering any motor vehicle involved in the accident. 

Can I sue Uber for my Injuries if the driver was at fault?

You cannot sue Uber directly for your injuries. BUT …

Your claim or lawsuit will be made against Uber’s Driver – assuming the Uber driver is at fault. Uber’s Insurance Co is required to pay the claim for the drivers!

Uber’s Insurance may even cover Your Injury Claim even when the Uber driver is not at fault.

For example, if you are a passenger in an Uber and stopped at a red light and rear ended by a driver without insurance … Even though the Uber driver did nothing wrong you can sue Uber’s insurance company by making an Uninsured Motorist Claim.

Or, for example, under the same scenario, the rear-ending driver had some insurance but not enough to fully compensate you for your injuries, you can make a claim for Underinsured Motorist under the Uber Insurance Policy.

How much Insurance does Uber carry?

The simple answer is A Lot

While most taxicabs insure their vehicles for only $15,000 with no Uninsured or Underinsured Motorist Coverage, Uber has lots of coverage to pay you if you are injured in an accident.

How much coverage depends on your status. The below chart explains an Uber Driver’s Coverage. An Uber Passenger ALWAYS has the most coverage..

Should I hire a Silverdale Uber lawyer?

YES … YES … YES … that is if you want to receive the highest possible settlement.

Studies done by the Insurance Research Council (IRC) All-Industry Research Advisory Council (ARAC) both show that insurance payouts are much higher when the injured party was represented by an attorney. And the difference is astonishing!

How much higher? The average settlement is 350% higher with a Philadelphia Uber accident attorney than without one.

The below chart shows an example of a $10,000 settlement without a lawyer being worth $35,000 with a lawyer.

What Damages am I Entitled To?

Pennsylvania Law recognizes General Damages and Special Damages.

General Damages

These are also called non-economic damages because they do not have a direct monetary value attached to them. The most common types of general damages include:

• Pain and Suffering (Past, Present and Future)
• Loss of Life’s Pleasures (the lost ability to do things you like to do)
• Emotional suffering, including depression, anxiety, loss of sleep and humiliation
• Loss of companionship, if the injury affects your marital relationship
• Disability
• Scarring and Disfigurement
• Mental Anguish

Special Damages

These are also called economic damages because they provide compensation for the financial expenses created by your injury. These include:

• Medical Expenses (Past and Future)
• Healthcare Liens
• Lost Wages and Future Lost Earning Capacity
• Damage to your Car or other Property
• Towing and Rental Care Expenses

Am I Limited Tort if I am in an Uber?

First, an explanation as to Full vs. Limited Tort:

Pennsylvania Law divides individuals involved in automobile accident into two categories – Full Tort and Limited Tort. The difference is that Limited Tort permits a person injured in an automobile accident to only recover for economic damages unless the individual sustained a “serious” injury.

A person that is subject to Full Tort is always permitted to recover for pain and suffering which is where the big money in settlements comes from!

Why does it matter?

Pain and Suffering makes up most of the settlement money paid to Injury Victims. In fact, in many cases, Pain and Suffering Damages make up 90% or more of an Injury Settlement.

Is My Settlement Taxable?

Generally, the proceeds received from a personal injury claim are not taxable under either federal or state law. It does not matter whether you settle the case before or after a lawsuit or whether your case went to trial and won a verdict.

Property Damage and an Uber Accident

If you are involved in an accident with an Uber Driver and the Uber Driver is at fault, Uber provides coverage up to $25,000 for Property Damages. An attorney can assist you in getting you paid for damages to your car.

Collision Coverage for Uber Drivers:

Uber Driver and Contingent Coverage

If you are operating your private vehicle as an Uber Driver, Uber’s Insurance will cover your vehicles damages provided:

1. Your App was On

2. You had Collision Coverage on your personal car insurance policy.

This is called “contingent” collision coverage. 

Do I use my Private Health Insurance?

If you use up all of the PIP medical coverage, then you must use your Private Health Insurance as secondary health care coverage.

Should you do this …. ABSOLUTELY!

First, you need to obtain medical care so that you can fully recover from your injuries. Failure to obtain proper medical care can cause your injuries to linger and become permanent.

Second, the insurance company will be evaluating your case based on your medical evidence. So, by obtaining consistent medical treatment, you are creating the evidence you need to prove the severity and longevity of your injuries.

What If My Health Insurer Puts a LIEN on my Case?

So what?

Uber carries so much insurance to compensate individuals, there is almost always enough money to compensate You and Pay Back the Lien.Example: Your Injury Claim is worth $25,000 and the Health Insurance Lien is $10,000 then Uber Insurance will pay $35,000 to settle the claim. Remember there is $1,000,000 in insurance so plenty of money to pay back the lien and fully compensate you!

Additionally, your health insurer may be required to reduce its lien on your Uber accident settlement. This may depend on the language of the policy.

Medicare (Federal Health Insurance) and The Pennsylvania Department of Human Services (State Health Insurance) ALWAYSreduce Healthcare Liens!

I Was Not Wearing a Seatbelt – Can that Affect My Settlement?

NO! Pennsylvania has a seat belt law that was enacted in 1987 and makes the use of seatbelts mandatory. HOWEVER, the same law precludes evidence of a violation of this requirement in ANY Civil Action. This includes an INJURY CASE!

Should I Give a Statement to the Insurance Adjuster?

Never! A recorded statement can be a trap for the unwary. They are usually taken by insurance adjusters fishing for information to diminish the value of your case. If you are going to give a statement, make sure you have an attorney present.

What is the Statute of Limitations?

Statute of Limitations is a fancy word for how long after the accident do I have to sue? The Answer in Pennsylvania is Two Years!

Pennsylvania Law provides you with Two Years to File a Lawsuit or your claim will be time-barred (unless you were a minor at the time of the accident in which case you have until your 20^th birthday).

Will my case settle quickly?

A majority of cases settle before a lawsuit is ever filed and well before the two year Statute of Limitations.

However, in order to maximize your recovery, some cases require the filing of a lawsuit. Of those cases in which we do file a lawsuit, the very high majority settle before trial and for much more money.

Insurance Companies know who will and who will not litigate cases and adjust values accordingly. Therefore, you must choose a law firm that is willing to litigate your case if necessary!

At MMK Law, we will do whatever it takes to obtain you the maximum amount you deserve!!

HOW DO I PAY MY PHILADELPHIA UBER INJURY LAWYER?

MMK LAW handles Pennsylvania Uber Injury claims on a Contingent Fee basis. That means, you pay Zero Dollars ($0.00) up front.

WE only get Paid when YOU get Paid! And we get a Percentage of what we recover for you. So, our incentive is to get you as much money as possible!