Calculating the Uber Settlement Amount
Las Vegas, Nevada
Uber accident compensation
"What compensation can I expect?" is one of our clients' most popular questions.
The answer is - it depends on many factors. In calculating the settlement amount, the most important things to consider are
a) your medical bills,
b) the role you, the victim, played in the accident, and
c) the policy limits of the driver(s) involved.
Even though this article discusses calculating settlement amounts for Lyft or Uber, the same rules apply to all accident injury compensation.
Medical bills and accident settlement
Because of the high cost of medical care in the United States, compensation for medical bills is, as a rule, the most significant part of an accident settlement. That is true not only about the accidents involving Lyft or Uber drivers but also about any car accident, pizza delivery accident, or semi-truck accident.
Role of the victim
A unique aspect to consider for Lyft or Uber car accidents is the victim's role in an accident. Special damages that are true for drivers may not apply to a passenger or pedestrian.
Driver Settlement. Injuries that cause pain while driving can end a driver's career. Anxiety or fear of another collision can be just as detrimental to a driver as pain while driving. And then, there are lost wages. Ride-sharing companies, like Lyft or Uber, calculate a driver's monthly payments based on their ride history and can become a guidepost for how much they should receive for their lost wages.
Passenger Settlement. In case of an accident, the passenger(s) in Lyft or Uber car is almost always negligence-free. It allows passengers to collect 100% of their damages from either party in an accident - even if they are only partially responsible.
Pedestrian Settlement. If a pedestrian is involved in an accident, the insurance company will base a settlement on the pedestrian's medical bills, pain and suffering, the lost wages, and other damages (e.g., property).
Policy limit and settlement amount
All insurance policies have limits on how much insurance must pay. In almost all cases, an insurance company will not pay over the policy limit of its contract.
Policy limits for Lyft or Uber can change based on who is in the vehicle.
When a ride-sharing driver is en route to pick up a fare or has a passenger in the car, their insurance has a high policy limit. Also, in every state, the maximum policy limit is different. In Nevada, in 2021, it is 1.5 million dollars for Uber and $1.5 million for Lyft.
If the same driver, working for Uber and Lyft (the app is on), is not en route to pick up or drop off a passenger, the policy limit drops dramatically to 50/100. It means a victim cannot receive more than 50 thousand dollars in compensation. If there is a group of injured people, the combined group recovery cannot exceed 100 thousand dollars.
Pain and suffering part of an accident settlement
For most insurance companies, high medical bills are the way to determine the harm to the victim and will directly connect to the amount the victim is entitled to for pain and suffering. If the lawsuit goes to trial, the past (and future) high medical bills will make a jury more sympathetic to award a more substantial settlement.
How Lyft/Uber use the ride information they collect
Uber and Lyft use the detailed statistics they collect about every ride in Las Vegas to determine the fault and help calculate the settlement amount.
If you were partially at fault
Nevada is a modified comparative negligence state, and it applies to Lyft, Uber, or any other ride-sharing company accidents. In plain language, Nevada allows recovery for victims that are less than 51% responsible for their injuries, and a victim's recovery is reduced based on the percentage of their fault in the accident. If you believe that your accident case falls into this category and want to know what settlement to expect, call us at 702-432-1000.
Pre-existing condition
Pre-existing injuries may lead to a smaller settlement. For more information, contact our office.
A victim can only settle a claim with Lyft or Uber once. Why?
The reason is that a Lyft or Uber accident settlement requires a signed release that prevents future lawsuits over the same issues. It is also often required to sign a non-disclosure agreement.
When out-of-state visitors involved in an accident
People vacationing in Las Vegas use Lyft and Uber a lot, mainly because of the convenience. If a car accident occurs, the injured person will continue to receive medical treatment in their home city and state. Although medical care costs vary from state to state, if your medical treatment price is reasonable in your city and state, the insurance company will recognize it.
We handle Lyft or Uber accident claims for out-of-town visitors all the time. Often, our clients don't have to fly back to Las Vegas. We collect medical receipts and track the progress of the case, from inception to settlement, from our office in Las Vegas, and, when the case settles, we mail the settlement check to our clients. We don't take all cases, but for the cases we take, we can assure you, all are properly handled, and this is why our clients are happy with the results.
When foreigners involved in an accident in Las Vegas
If the victim is a foreign national, the case may not be so straightforward.
If the car accident victim ends up in a Las Vegas hospital and, consequently, is treated for injuries in the U.S., then the claim will be calculated based on the U.S. hospital bills. Getting compensation for medical treatment in another country might be difficult, mainly because the cost of medical care in other countries is different from the U.S., and some medical procedures prescribed in other countries may not be approved in the U.S.
Uber accident lawyer can help
If you got injured in an accident involving a Lyft or Uber driver and want to know what settlement to expect, call us at 702-432-1000 and ask to speak with our accident lawyer. We don't charge for consultations.
We helped dozens of clients get a full and fair settlement in accidents involving Lyft or Uber drivers.
We work on a contingency basis, which means you don't have to pay us unless we settle your case or you receive monetary compensation at the trial.
We serve clients injured in Lyft or Uber accidents in Nevada and California.
Written by Parish Heshmati, Esq.
Last updated on February 3, 2024.
