Disclaimer: The information provided in this article is for informational purposes only and does not constitute legal advice. For advice specific to your case, please consult a licensed attorney. The author and publisher are not responsible for any actions taken based on this content.
In Chicago, rideshare use is among the highest in the country, and accidents involving Uber and Lyft are not uncommon. Processing such claims requires familiarity with Illinois state law and the policies of Uber and Lyft.
Hiring the services of a Chicago rideshare accident attorney may be the best way to receive fair treatment and maximum compensation. Taking the claim to the judicial system can hold negligent drivers and companies accountable, thereby relieving victims of financial hardship.
Below are some situations where taking the 4 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 determine whether the settlement is satisfactory and whether court proceedings must be initiated.
2. Disputed Liability
The 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 the evidence is conflicting, having the case decided in court allows for a thorough review of the facts, so that fault is appropriately assigned.
3. Severe Injuries or Significant Damages
Injuries resulting in severe damage or extensive property damage typically involve substantial compensation amounts. Insurance firms may be reluctant to pay significant quantities 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 slow and time is of the essence, you must file a lawsuit to avoid forfeiting 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
Accidents can have complicated legal issues, such as the implementation of personal or corporate insurance policies, or whether the driver was using their device at the time of the accident. The complications may require the intervention of the courts to interpret and enforce the law correctly, ensuring that victims receive the adequate compensation they deserve.
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 hefty 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 is an assurance of justice and compensation to the family.
Liability may be a complex issue in some accidents. If it’s unclear who is at fault or the parties involved have conflicting accounts of the event, it can be challenging to reach a settlement agreement.
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 genuinely responsible for the accident and make sure that the injured party is compensated accordingly.
Conclusion
In complex rideshare accidents, determining whether to pursue a claim in 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 an 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 such situations, the courtroom can provide a platform to assure that injured party receives fair compensation for their losses. Taking the legal route requires careful consideration, but in the right circumstances, it can help to make sure that justice is served.
