It seems that filing claims against Uber and Lyst vehicles is a current trend in the Personal Injury world. However, before you jump on the bandwagon, there are a few things you should know. Before ride sharing became as popular as it is today, the big two, Uber and Lyst, provided much more comprehensive coverage for both their drivers and the passengers that utilized their services.
It wasn’t unheard of for there to be an Uber or Lyst policy that carried $250,000 in UM coverage and $1 Million in BI coverage. This literally made riding in an Uber or Lyst vehicle a better option, as far as cover- age was concerned, than riding in most individual’s personal vehicles in Florida.
However, over the years, with all of the direct marketing to individuals injured in a car accident while riding in an Uber or Lyst, or struck by an Uber or Lyst driver, both companies have significantly reduced coverage limits available for the uninsured motorist cover- age provided to the state minimum limit of $10,000. Additionally, both these companies are currently using either Progressive or State Farm to insure their ride share drivers. So, this means that the when you have a client that’s been injured by an Uber or Lyst driver, it’s more important than ever to make sure that you stay aggressive with the claims adjusters.
You should make sure that your client begins treatment as soon as possible aster the accident. However, not just any chiropractor or orthopedic doctor will do. It’s impor- tant that your client treats with medical providers who understand the recent change in the law. You should make sure your client treats with medical providers who will not only provide them with top notch treatment but also provide you, the attorney, with the medical records you need to be able to aggressively litigate the case. This also means, the medical providers should understand that accurate and reasonable billing is becoming even more important. Additionally, if your client has health insurance, finding providers that can bill your client’s health insurance, even if they get denied, is important in this post-Tort Reform environment. We don’t want the insurance company to be able to successfully argue that your client did not mitigate his/her medical expenses because they did not attempt to use their health insurance.
One of the injuries that osten is overlooked is when the client suffers a traumatic brain injury (TBI). Making sure you familiarize yourself with the symptoms of TBI allows you to be able to ask your client pertinent questions and ascertain whether a TBI evaluation could be beneficial for their health. Additionally, you can get invaluable information from reviewing ER records, which are osten overlooked if the subsequent providers do not request them or are unaware that the client was seen at the ER.
Finally, once your client has been evaluated and treated for all of their injuries, and have reached maxi- mum medical improvement, then it’s time to send the demand letter to the adjuster. Be sure to include all the medical bills and treatment records. Be sure to thor- oughly explain your theory of liability and explain how the injury has impacted your client’s life and include any future medical expenses or care that they will need. These companies and the insurance companies that insure them are adept at devaluing your client’s claim. Don’t allow that to happen, with the proper medical providers, medical records and you having a compre- hensive knowledge of client’s injuries, you can be sure to obtain the maximum amount of compensation for your client’s injuries.
Michael Mills, Esq.
I.A.N.INJURY ASSISTANCE NETWORK
