In Chicago, rideshare use is among the highest in the country, and Uber and Lyft accidents are not uncommon. Processing such claims requires familiarization with Illinois state law and Uber and Lyft company policies.
Hiring the services of a Chicago rideshare accident attorney may be the best solution for receiving fair treatment and maximum compensation. Taking the claim to court can bring negligent drivers and companies to justice, relieving victims of financial hardships.
Below are some situations where taking the Rideshare accident claim to court is the right choice.
1. Insufficient Settlement Offers
Insurance companies representing rideshare drivers or companies may propose settlements that don’t fully cover the victim’s medical expenses, lost wages, and other damages. If there is no chance of a fair offer through negotiations, litigation would be the best alternative. An expert lawyer will be able to ascertain whether the settlement is satisfactory and whether steps in court must be initiated.
2. Disputed Liability
Fault in these accidents is not readily apparent. Fault can lie with rideshare drivers, other drivers, or third parties. When disputing parties have differing opinions regarding liability and evidence is conflicting, having the case decided in court allows for a thorough review of the facts so that fault is appropriately placed.
3. Severe Injuries or Significant Damages
Injuries involving severe damage or extensive property damage usually carry large compensation amounts. Insurance firms may be reluctant to pay substantial amounts and take their time to settle. Under such circumstances, a lawsuit will exert pressure to settle for reasonable damages or allow a jury to determine reasonable damages based on the facts presented.
4. Uncooperative Insurance Companies
Insurance companies, at times, act in bad faith by holding up claims, rejecting valid claims, or employing tactics to deny payments. Confronted with the uncooperativeness, taking the claim to court could compel the insurance company to act accordingly and fulfill its contractual promise to the policyholder.
5. Statute of Limitations Concerns
Every field also has a statute of limitations that dictates how long you have to file a claim. If negotiations are sluggish and time is of the essence, you must file a lawsuit so you don’t forfeit your right to recover. For instance, California’s statute of limitations to file personal injury claims is two years from the date of the incident.
6. Complex Legal and Insurance Issues
Rideshare accidents could have complicated legal issues, such as the implementation of personal or corporate insurance policies or if the driver was online at the time of the accident. The complications may require the intervention of the courts to interpret and implement the law correctly so that victims are given adequate compensation.
7. Wrongful Death Cases
In extreme instances of a rideshare accident causing the death of someone, the victim’s family is entitled to pursue a wrongful death claim. In such situations, the claims come with large payouts and emotional damages in the form of funeral expenses, loss of earnings, and mental distress. Where the fault rested with the rideshare operator or driver, presenting the claim to court is an assurance of justice and compensation to the family.
Liability may be a complex issue in some rideshare accidents. If it’s unclear who is at fault or the parties involved have conflicting accounts of the event, it can be difficult to reach an agreement through settlement.
For example, if the rideshare driver claims that another driver caused the accident, but there is insufficient evidence or witness testimony to support this, insurance companies may offer a low settlement or deny the claim altogether.
In such cases, taking the claim to court can help clarify liability through the presentation of evidence, witness testimonies, and expert analysis. The court system is equipped to evaluate all aspects of the case, allowing a judge or jury to determine who is truly responsible for the accident and ensure the injured party is compensated accordingly.
Conclusion
In complex rideshare accidents, deciding whether to take a claim to court is not always straightforward. While many cases can be resolved through insurance claims or settlements, there are instances where litigation becomes the best or only option. Pursuing a rideshare accident claim in court may be necessary when negotiations fail, there is insufficient evidence for a fair settlement, or the responsible party refuses to take accountability. In these situations, a courtroom can provide a platform to ensure the injured party receives fair compensation for their losses. Taking the legal route requires careful consideration, but in the right circumstances, it can help ensure justice is served.
