If a building’s poor construction were to become the reason for a collapse in one of the building’s sections, then all sorts of lawsuits might get initiated. In each case the plaintiff would strive to prove negligence on the part of a specific person or business. (more…)
As originally written, the constitution granted a fair trial to anyone that had been accused of a crime. Yet, it costs money to pay for a trial. That fact led to creation of the public defender. Defendants do not have to pay for utilization of such a defender. Of course, that position does not exist in a civil court, such as the one used for personal injury cases. (more…)
Someone that has been injured in an accident has the right to file an injury claim with the insurance company of the person that was responsible for the accident. That is called a third-party claim. The insurer assigns each new claim to one of the company’s adjusters. (more…)
Personal injury lawyers get paid on a contingency basis. That means that each of them receives some percent of whatever compensation or award a given client has received. How do they work to win as much money as possible for their clients? (more…)
Today, ride-sharing services have reduced the demand for taxis. Those services hire contractors. Those contractors/drivers use their own vehicles. Do they also use their own insurance?
Rules for someone that has been hit by a ride-sharing vehicle
Do not plan to sue the ride-sharing company. Each of its drivers is a contractor. Those contractors set their own schedule and create their own work conditions. Still, a ride-sharing company could be held financially responsible for accident-caused losses. The person that has suffered such losses could go after the company’s own insurance coverage.
Someone that has been in collision with a vehicle that is providing ride-sharing services should first make a 3rd person claim with the responsible driver’s insurance company. If that company has refused to cover the incident, then the injured victim of the collision should contact the ride-sharing company.
Approach taken by auto insurance companies
Typically, such a company will not cover someone that drives for hire. Still, some states allow the same drivers to purchase a type of protection that is called an endorsement. The purchased endorsements get added to the auto insurance policies of the men and women that have chosen to serve as a contractor for a ride-sharing company.
What happens to drivers that live in a state where insurance companies do not sell such endorsements? In those states the drivers that are contractors for a particular ride-sharing service get forced to assume a certain degree of risk. Typically, an insurance carrier that does not sell such endorsements does not want any of its policyholders driving for hire. Consequently, if a contracted driver gets into an accident the carrier refuses to cover the victim’s losses. Furthermore, the same carrier might cancel the policy that had been purchased by the contracted driver.
Of course, that would not keep an injured victim from seeking some level of compensation. He or she could go after whatever insurance coverage was being offered by the insurer of the ride-sharing service. Of course, a victim with severe injuries might submit a claim that exceeded the limit, as stated in the service company’s policy.
In that case, the insurance company would refuse to cover the victim’s losses. Yet in the eyes of the law, the ride-sharing company would remain financially responsible for the victim’s losses. Consequently, the Personal Injury Lawyer in Mississauga know that the injured victim would have the right to sue the ride-sharing service, which would mean facing the service’s legal representative in a court of law.
Victims that get into such a situation have to spend many hours visiting a doctor’s office. In that way, the same victims can create the sort of medical record that might impress a jury, and might lead to receipt of a generous compensation.
In order for a plaintiff to win a personal injury case, the evidence must show that the defendant’s actions were a proximate cause of the plaintiff’s injury. Suppose though, that some other cause has disrupted that causal chain. What happens then? (more…)