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Filing an Uninsured Motorist Claim After a Rideshare Accident

Ridesharing has grown popular over the last ten years, giving convenient transportation in cities nationwide. However, some rideshare drivers lack adequate insurance, potentially leaving riders unprotected if crashes happen. When underinsured or uninsured rideshare drivers cause accidents and injuries, victims might be eligible to file uninsured motorist claims and receive compensation for harm done.

What is Uninsured Motorist Coverage?

Uninsured motorist coverage (UM) is a type of car insurance protection required in most states. It covers injuries and damages that you incur when another driver who doesn’t have auto insurance or who has inadequate coverage causes an accident.

UM coverage steps in when the at-fault driver has:

  • No liability insurance
  • Not enough liability coverage to pay for your total losses
  • Unknown insurance or fled the scene

This coverage is important because it protects you when an uninsured driver hits your vehicle. Around 13% of drivers in the United States are uninsured, so there’s a real risk of being hit by one.

UM coverage also applies if you’re the passenger in someone else’s vehicle that gets hit by an uninsured driver. This includes rideshares and taxis. The UM protection from the rideshare vehicle would apply to you as the passenger.

Uninsured motorist coverage will pay for your medical bills, lost wages, and other accident-related expenses up to the limits of your policy, which are usually matched to your liability limits. For example, if you have 100/300/100 liability coverage (100k per person, 300k per accident, 100k property damage), then your uninsured motorist bodily injury coverage would also be 100/300k.

It’s important to carry higher UM limits, if possible, as the minimum required amounts may not be enough to fully cover major injuries or permanent disabilities resulting from a serious accident. Umbrella insurance policies can provide additional uninsured motorist coverage beyond the limits of your primary auto policy as well.

UM coverage will also provide you with legal and claim-handling assistance. The insurer’s claims adjusters will investigate the accident, confirm the other driver was uninsured, and handle negotiations and settlement discussions on your behalf. This can relieve the burden on you as the claimant.

Additionally, uninsured motorist coverage applies regardless of who was at fault in the accident. So, even if you caused the crash, your UM insurer must cover your losses per the policy terms. This no-fault aspect provides important protection that you wouldn’t get suing the uninsured driver directly in some states that have contributory negligence laws.

How to File an Uninsured Motorist Claim

If you’ve been injured as a rideshare passenger and the at-fault driver was uninsured, follow these key steps:

Notify the Rideshare Company

  • Alert Uber, Lyft or whichever firm you used about the accident right away. They will need the driver’s details and information about what happened.

Get a Police Report

  • Have the police come to the crash scene and file an official report. This helps establish fault and serves as key evidence for your uninsured motorist claim.

Seek Medical Attention

Collect Evidence

  • Gather information about the accident, including photos of damage, witness statements, dash cam or other video footage, and contact info for everyone involved.

Review Insurance Policies

  • Check the rideshare driver’s insurance coverage and your own uninsured motorist coverage. Compare policies to see which provides the better payout.

Submit a Claim to the At-Fault Driver

  • Although they likely don’t have adequate insurance, submit a claim to their provider anyway. Any settlement received gets deducted from your UM claim payout.

File the UM Claim

  • Submit the uninsured motor claim to the rideshare company’s insurer or your own UM insurer, depending on which offers better coverage. Provide all evidence and demand full compensation.

Negotiate the Settlement

  • You may have to negotiate with adjusters to get a fair uninsured motorist settlement. If you can’t get an adequate offer, consult with a personal injury attorney.

How Much Can I Recover?

The amount of compensation available through an uninsured motorist claim often equals what you’d receive by suing the at-fault driver. This includes coverage for:

  • Medical bills from accident-related injuries
  • Lost wages from missing work during recovery
  • Reduced earning capacity if disabled
  • Pain and suffering damages
  • Car repair or replacement costs
  • Rideshare expenses to/from medical appointments

The settlement amount depends on the severity of your injuries, length of treatment, permanent effects, out-of-pocket expenses, policy limits, and state laws. Hiring an attorney can often maximize your payout.

Why Do I Need UM Coverage for Ridesharing?

Rideshare drivers must carry some liability insurance, but there are coverage gaps and limitations:

  • There may only be a minimum required limit of $50,000 per person. This may not be enough if you have extensive injuries.
  • There is no coverage during Period 1, when the app is on, but no passenger has been picked up yet. You’re not covered if you are hit during this period.
  • Driver’s personal policy may exclude coverage for rideshare driving.

That’s why uninsured motorist coverage is so important. It protects you when the rideshare driver’s insurance is insufficient. Make sure you have adequate UM limits when regularly using rideshares.

Watch Out for Time Limitations

Most states have a time limit, known as the statute of limitations, on how long you have to file an uninsured motorist claim after an accident. It ranges from 1 to 6 years, depending on your state’s laws. Don’t delay in starting your claim or you could be barred from compensation.

Hire a Lawyer for Help

Pursuing an uninsured motorist claim can be complex, especially when rideshares are involved. Insurance companies don’t make the process easy. Consider hiring an experienced personal injury attorney to handle your claim. They can deal with the insurers and maximize your payout.

If you or a loved one has been injured in a rideshare accident caused by an uninsured or underinsured driver, contact our law firm for a free case review. Our dedicated legal team has helped many accident victims recover the compensation they deserve when other drivers don’t have adequate insurance.

Visit our office at 917 Broadway St, Myrtle Beach, SC 29577.

Or call now for a free consultation on (843) 839-4795.


Drowsy Driving Accidents: Establishing Fault for Accidents Caused by Fatigue

Drowsy driving is a major concern on US roads, with the National Highway Traffic Safety Administration estimating that fatigue contributes to 100,000 police-reported crashes each year. Drowsy driving accidents can be just as dangerous as drunk driving, yet it is often difficult to establish fault and determine if a driver’s fatigue level directly caused a collision. This article will examine key factors in assigning blame for drowsy driving crashes, standards for measuring driver fatigue, and steps road users can take to help prevent falling asleep at the wheel.

Determining if Fatigue was a Factor

The first challenge in drowsy driving accident cases is proving that the driver’s lack of sleep played a clear role. Police reports may note if a driver seemed excessively tired after a crash or admitted to dozing off, but hard evidence is usually required in court. Some key signs investigators look for are whether the driver crossed lanes or ran off the road just before impact.

Using Technology to Measure Driver Drowsiness

Advanced driver monitoring systems and wearable technology may help establish direct blame in drowsy driving cases. In-vehicle cameras can detect blinking patterns, facial movements, and steering behaviors tied to fatigue. Meanwhile, wristbands monitoring pulse, temperature, and motion can show biological signs of sleepiness. If this data indicates a driver was severely impaired, it may be strong proof for a lawsuit.

Company Policies to Prevent Drowsy Truckers

Trucking companies and bus lines must establish policies limiting driver hours on long hauls, mandating rest periods, and training staff to spot signs of fatigue. Smart tachographs tracking acceleration, speed, mileage, and unscheduled stops also discourage pushing exhausted drivers. If an accident involves a commercial vehicle and these safeguards were ignored, the company faces greater liability.

Valid Defenses Against Drowsy Driving Allegations

While fatigue often plays a role in single-vehicle accidents with no witnesses, defense attorneys argue other factors like weather, poor road conditions, mechanical issues, or sudden medical episodes could be to blame. Drunk, distracted, or reckless driving may also mimic the behaviors of a sleeping driver. Without concrete proof connecting the collision exclusively to exhaustion, charges face an uphill legal battle.

Public Awareness Can Transform Driving Culture

Campaigns conveying the dangers of driving while overtired have the potential to shift attitudes, much like past crusades against drunk driving. Messages targeting highest-risk groups like teens, shift workers, parents, and long-haul truckers are crucial. But improving public transit options, installing rumble strip road markings to rouse dozing drivers, enforcing rest breaks, and advancing technology enabling vehicles to detect fatigue could also reduce accidents.

As emerging data and technology make it easier to link crashes to sleep deprivation, legal standards for demonstrating fatigue impairment will evolve. In the meantime, drivers falling asleep at the wheel could still be held liable for negligence if their exhaustion displayed a clear disregard for public safety. If you’ve been accused of causing an accident by drowsy driving or you’ve been hit by a drowsy driver, contact our team of lawyers at William J Luse.

Visit our office at 917 Broadway St, Myrtle Beach, SC 29577.

Alternatively, call now for a free consultation on (843) 839-4795.


Failure to Yield: One of the Most Preventable Causes of Accidents

Failure to yield right-of-way is one of the most common causes of car accidents across the United States. Despite clear traffic laws and signage meant to organize the flow of traffic, many drivers fail to properly yield their right-of-way at intersections, pulling out into oncoming traffic and causing serious collisions. While the negligent driver is often at fault in these situations, many failure to yield accidents could be prevented through safer defensive driving habits. Learning more about these types of collisions is an important step towards staying safe on our roadways.

The Dangers of Negligent Yielding

Failure to yield accidents typically occur when a driver improperly pulls out in front of oncoming traffic with the right-of-way. For example, a driver attempting a left turn across traffic may misjudge the distance and speed of oncoming vehicles, turning in front of a car that is unable to slow down in time. Similarly, a driver entering a roadway, coming out of a driveway, or entering a highway ramp may fail to properly judge if there is enough space to merge. Due to excessive speed, distractions, or lack of attention, they may pull into the flow of traffic when it is not safe to do so.

The consequences of these improper maneuvers can be severe. Striking the side of a fast-moving vehicle often has devastating effects compared to rear-end collisions at slower speeds. Failure to yield accidents may also affect multiple vehicles, especially when happening in busy intersections. Victims can suffer severe injuries in the crash, including head trauma, broken bones, organ damage, and other life-changing consequences. Sadly, these accidents also frequently result in wrongful deaths.

Strategies to Prevent These Collisions

While negligent drivers are at fault for failure to yield accidents, defensive driving habits can help reduce risk on our shared roads. Some key strategies include:

  • Slowing down and double-checking for oncoming traffic before turning across lanes or entering new roadways. Assume other drivers do not see you or will fail to properly yield. Wait until you have clear space with no oncoming vehicles.
  • Paying attention to right-of-way signage and signals. Come to complete stops at stop signs and red traffic lights. Let vehicles with designated right-of-way pass through first.
  • Eliminating distractions while driving, especially near intersections. Put phones down and refrain from behaviors that take attention away from the road.

Practicing vigilance and patience around intersections can help reduce the likelihood of collisions caused by failure to yield right-of-way. While legal liability often falls on negligent drivers, safer defensive habits protect everyone sharing the road.

If you or a loved one has been injured in an auto accident caused by a driver’s failure to yield, be sure to contact an experienced personal injury attorney to understand your legal rights and options. An attorney can handle the insurance claims process on your behalf while you focus on healing and recovery.

Visit the law offices of William J Luse at 917 Broadway St, Myrtle Beach, SC 29577.

Call now for a free consultation on (843) 839-4795.


When Your Teen Crashes Your Car: Liability and Insurance Issues

As a parent, you want to do everything you can for your child to have positive learning experiences in safe environments. Part of that means letting go and handing over control to teens to make smart and responsible decisions. There is no better example than your teen being allowed to drive your car. Even if they are showing signs of being a very safe and responsible driver, accidents can still occur.

If your teen has crashed your car, you are no doubt dealing with insurance and liability issues, which are probably causing a lot of stress. You can use these tips to help you through this tumultuous time following a car accident.

Your Teen’s Health Is the First Priority

Before you get too wrapped up in liability and insurance issues, the priority needs to be your teen’s health. Getting immediate medical attention is imperative as not all injuries are visible. They could have internal injuries that need to be treated. The other side of getting medical attention is that you will have an official medical record that outlines your teen’s injuries and what caused them.

Call the Police to the Scene

It’s also important to call the police to the scene of the crash so there is official documentation of what occurred. Taking photos of the damage to the car, others involved, and pictures of injuries can also be important when dealing with liability and insurance issues.

Advise Your Teen Not to Speak to Anyone

Your teen should also be advised not to speak to the other driver(s) involved in the accident or their insurance companies. Any official questions should go through a lawyer so that your teen is well-protected. Remember, anything they can say can then be used against them.

The Other Driver’s Insurance Company Isn’t Looking Out for Your Teen

Insurance companies are notorious for being difficult to deal with. Should the accident have been caused by another party – a negligent party – their insurance company will try to lowball your teen in terms of a settlement. They aren’t your friend, and they aren’t concerned about your teen; they just want to pay the smallest amount possible, and they hope you’ll accept the offer.

Contact One of Our Experienced Lawyers

The best way to protect your teen, and frankly your wallet, is to contact one of our experienced lawyers at William J. Luse. We have handled many accident cases just like yours, so we understand how the law works, how to properly deal with insurance companies and what liability means. We can answer all your questions and take the stress off your shoulders.

Contacting a lawyer is even more important if your teen wasn’t the negligent party in the accident, as they could be eligible to receive compensation. Again, that’s something we can discuss with you and go over all your options. Let us at William J. Luse expertly handle your case and alleviate your stress.

You can visit us in person at 917 Broadway St, Myrtle Beach, SC 29577.

You can also call us for a free consultation at (843) 839-4795.


12 Hidden Factors in Car Accidents

Car accidents are an unfortunate reality that many of us face the risk of on a daily basis. They can result in serious injuries, property damage, and even loss of life. While some accidents are caused by obvious factors like speeding or drunk driving, there are several hidden factors that contribute to these incidents. In this post, we’ll explore some of these lesser-known factors that can significantly impact road safety.

Fatigue

One of the hidden factors that can lead to car accidents is driver fatigue. Many individuals underestimate the dangers of driving while tired. Fatigue can impair a driver’s reaction time, decision-making abilities, and overall alertness, making it more likely for them to cause or be involved in an accident. It’s crucial for drivers to recognize the signs of fatigue and take appropriate measures to rest and recharge before getting behind the wheel.

Distractions Beyond Cell Phones

While cell phone use while driving is a well-known distraction, there are other less obvious factors that can divert a driver’s attention from the road. Adjusting the radio, eating, grooming, or even conversing with other passengers can all be distractions that compromise driver focus. It’s essential to maintain concentration and limit any potential distractions while driving to minimize the risk of accidents.

Weather Conditions

Weather conditions play a significant role in car accidents, and it goes beyond the obvious hazards of driving in heavy rain or snow. Factors like high winds, fog, and glare from the sun can all impair visibility and make it challenging to maintain control of a vehicle. It’s crucial to adjust driving behavior according to the weather conditions and exercise caution when road conditions are less than ideal.

Poor Road Infrastructure

The quality of the road infrastructure can also be a hidden factor contributing to car accidents. Issues like potholes, inadequate signage, poorly marked construction zones, and lack of guardrails can increase the risk of accidents. Government agencies and municipalities play a crucial role in ensuring road safety by addressing these infrastructure shortcomings promptly.

Vehicle Maintenance Neglect

Neglecting vehicle maintenance can have severe consequences on road safety. Malfunctioning brakes, worn-out tires, or faulty headlights can all contribute to accidents. Regular maintenance and inspections are vital to identify any potential issues and address them promptly. Drivers must take responsibility for keeping their vehicles in proper working condition to minimize the risk of accidents caused by mechanical failures.

Aggressive Driving

While aggressive driving is often associated with road rage incidents, it can also be a hidden factor in many car accidents. Tailgating, frequent lane changes without signaling, excessive speeding, and failure to yield are all examples of aggressive driving behaviors that significantly increase the likelihood of accidents. Promoting a culture of patience, respect, and courtesy on the road is crucial for reducing accidents caused by aggressive driving.

Inadequate Driver Training

Insufficient driver training can contribute to car accidents, especially among young or inexperienced drivers. Many accidents occur due to a lack of knowledge or poor decision-making skills behind the wheel. Enhancing driver education programs, emphasizing defensive driving techniques, and promoting ongoing driver training can help mitigate accidents caused by inadequate driver training.

Medical Conditions

Undiagnosed or untreated medical conditions can impair a driver’s ability to operate a vehicle safely. Conditions like epilepsy, sleep disorders, heart conditions, and vision problems can all pose significant risks on the road. It’s important for individuals to be aware of their medical conditions and seek appropriate treatment and management to ensure safe driving.

Wildlife Encounters

Collisions with wildlife are more common than you might think, especially in rural areas. Deer, elk, and other animals can suddenly appear on the road, causing drivers to swerve or collide with them. These accidents can result in significant damage to vehicles and potentially cause injuries. Staying alert, especially in areas known for wildlife crossings, can help drivers react appropriately and avoid such accidents.

Road Rage and Emotional Distress

Road rage and emotional distress can cloud a driver’s judgement and lead to dangerous situations on the road. Engaging in confrontations, aggressive gestures, or retaliatory actions can escalate conflicts and increase the likelihood of accidents. It’s crucial for drivers to maintain emotional composure, practice patience, and refrain from engaging in confrontational behavior while driving.

Impaired Driving Beyond Alcohol

Impaired driving is a well-known factor in car accidents, with alcohol being the most commonly associated substance. However, it’s important to recognize that impairment can extend beyond alcohol consumption. The use of illicit drugs, prescription medications with sedating effects, and even certain over-the-counter medications can impair a driver’s judgement, coordination, and reaction time. It’s crucial to understand the potential effects of substances and avoid driving under the influence to prevent accidents caused by impairment.

Cultural and Societal Factors

Car accidents can also be influenced by cultural and societal factors that are often overlooked. These include attitudes towards road safety, norms around speeding or reckless driving, and even societal pressures to multitask while driving. Cultural beliefs and behaviors can shape the way some individuals approach driving and contribute to the prevalence of car accidents. It’s important to address these factors through education, awareness campaigns, and enforcement of road safety regulations to create a safer driving environment for everyone.

Whatever the cause, car accidents can be traumatic experiences, often resulting in physical, emotional, and financial hardships. If you or a loved one has been involved in a car accident, it’s essential to seek the assistance of experienced legal professionals.

At William J Luse Attorneys, we understand the complexities surrounding car accident cases and the impact they can have on your life. Our dedicated team of attorneys is committed to fighting for your rights and helping you navigate through the legal process.

By working with our firm, you can benefit from our extensive knowledge and expertise in handling car accident cases. We will diligently investigate the accident, gather evidence, and work towards securing fair compensation for your medical expenses, property damage, lost wages, and pain and suffering.

Contact us today at:

917 Broadway St, Myrtle Beach, SC 29577

Call now for a free consultation on (843) 839-4795


The Unseen Costs of Car Accidents: Financial, Emotional, and Physical

Every year in the US there are more than 6 million passenger car accidents, and more than 42,900 are fatal. According to the Department of Transportation, car accidents cost the economy around $340 billion yearly, but this is only a general overview. When you focus on the individuals involved in accidents, the costs are more than likely a lot more, especially when you factor in the financial, emotional, and physical aspects.

The Financial

When people think about car accidents, they’re mostly concerned about the immediate financial cost, which is making repairs to the car and paying insurance fees. However, there are many more financial considerations to make following an accident including:

  • Medical expenses
  • Loss of services
  • Loss of income
  • Living adjustments

The expenses can vary from case to case, but there’s no denying that a car accident can change a life forever. For example, if a driver suffers paralysis from spinal damage, they may lose the ability to carry out simple functions like mowing the lawn, taking care of children, and attending their place of work. The loss of actions like this, which most people take for granted, leads to emotional distress, financial trauma, and physical limitations.

The Emotional

Even the smallest of car accidents can leave behind emotional trauma, with the most common issue being stress. However, the complication with mental distress is that it’s not always immediately obvious, which is why people have to be aware of their state of mind following a traumatic event. Here are the most common mental conditions following a car accident:

  • Behavior and personality changes
  • PTSD (Post-Traumatic Stress Disorder)
  • Depression
  • Anxiety
  • Sleep disorders

Even though not visually debilitating, some of these mental conditions can prevent people from getting out of their daily life, which results in visual symptoms and financial issues.

The Physical

Most people only see car wreckages when accidents happen, but the physical cost runs much deeper, especially when server injuries are involved. Unless you’re lucky enough to escape unscathed, here’s a list of the most common car accident injuries:

  • Burns
  • Fractures
  • Tissue damage
  • Loss of limbs
  • Cuts
  • Internal organ damage
  • Traumatic brain injuries
  • Spinal cord damage

In the majority of car accidents, it’s the physical injuries that lead to unseen emotional and financial costs. For example, if you lose your limbs, your life will change forever and you’ll be out of work for a long time, which will be emotionally and financially draining.

Seeking Compensation

Even though the financial, emotional, and physical issues following a car accident go largely unseen, they’re very much real. Therefore, even though these can’t always be seen, you can still claim compensation to cover damages. To do this, you will need to hire a qualified auto accident lawyer who will work hard to win a fair sum.

If you or someone you love has been involved in a car accident, then don’t hesitate to get in touch with The Law Office of William J. Luse using the following details:

Address: 917 Broadway St, Myrtle Beach, SC 29577

Call now for a free consultation on (843) 839-4795.

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