One of the most common form of hired vehicles has been taxi or cab services which, in recent years has been quickly matched and in some cases surpassed by the car service Uber. Whether a taxi, Uber or other car service, in South Dakota these types of transportation services where transportation is provided for a fee or fare, are classified as “Common Carriers”. Fortunately, there are regulations in force that hold these professional drivers to a higher standard of care than that of a private vehicle operator.
While all drivers are required to carry liability insurance, these policies can be as low as $15,000, hardly enough to cover any significant injury or loss. Uber itself carries million dollar policies but since their drivers are contractors, not employees, getting at them can be very challenging. It is also important to note that the insurance company is obligated to pay damages and in some cases the driver of the vehicle can have personal responsibility. These facts sound like good news but they aren’t and can make your claim process and more importantly, collection success exceedingly difficult. In dealing with insurance companies your likely to have either a robotic claim agent on smaller claims or the insurance company’s lawyers on larger more complex claims; in either case, these people do not have your interest at hand, they represent in insurance carrier and their goal is to settle the claim for a small amount as possible for their firm. In the case where drivers may bear personal responsibility, there are real issues here as many of these drivers do not have the cash resources or other assets to make good on any judgements issued in your favor.
If you are involved in an accident with an Uber or other common carrier vehicle, the first thing to do is call 911 and get police and medical professionals to the site. If you have or suspect that you have sustained injury, get medical attention. If you are able, take photos of the accident, injuries and property damage as this will be helpful evidence to your case. As soon as you can, call us to make sure your claim is handled professionally and your damages are made whole.
Once you’ve retained us, we will go to work for you and create a case with claims to make you whole and address areas of compensation that you have rights to receive. These include but are not limited to:
- Medical expenses related to the treatment of the deceased.
- Funeral and burial expenses should there be a fatality.
- Loss of income, financial support and other benefits.
- Loss of love, guidance and companionship.
- Emotional care which can be a lasting requirement especially in cases where children have lost a parent or a spouse is lost.
- Pain and suffering.
- Punitive damages can be available in cases where the driver was not behaving as a reasonable or rational person would while operating a motor vehicle.
It is critical that you act fast and we understand the difficult time this presents your family and remaining loved ones. Please call us at (800)-XXX-YYYY and we’ll get on the case, protect your interests and ensure that your case get proper attention. We will take the pressure off you and fight to ensure that you are successful with your claim.