Negotiating a settlement with Uber/Lyft after suffering an injury can seem like a daunting process. After all, you are up against one of the biggest tech companies in the world – a company with limitless resources and excellent defense attorneys. Uber/Lyft is also protected by insurance providers that want to limit losses as much as possible. In other words, they want to offer you as little as they think they can get away with.
But what actually happens during one of these negotiations? What can you expect when you sit down with Uber/Lyft representatives and attempt to work out a deal? What are the various stages of the negotiation process, and how can you ensure the best possible result?
The answer to the last question is easy: Work with a qualified personal injury attorney. With one of our legal professionals by your side, it becomes much easier to approach this negotiation process with a sense of confidence.
Why Negotiations are So Important
It is worth mentioning that over 90% of all civil cases are settled out of court, and those involving Uber/Lyft are certainly no exception. In fact, it seems as though Uber/Lyft and other rideshare companies have a policy of quickly settling accident claims outside of court. It is usually impossible to determine how much injured victims actually receive in these settlements. Why? Because when you receive a settlement from Uber/Lyft, they usually ask you to sign some kind of non-disclosure agreement that prevents you from revealing any details to the public. If you do reveal how much you received, you could be sued by Uber/Lyft – and you might have to say goodbye to your recently-won settlement.
There is nothing wrong with settling out of court. It does not mean that you “gave up” your lawsuit against Uber/Lyft, and you can still walk away with the compensation you need to cover your damages. In fact, many injured victims prefer to receive settlements rather than go to court. Why? Because trials are often long, arduous, stressful, and expensive. This is true for both parties, and it is usually in everyone’s best interests to simply work things out behind closed doors. Most victims only go to trial if there’s no other option. For example, Uber/Lyft might downright refuse to offer you a settlement. They might also offer you a settlement that doesn’t even begin to cover your damages while refusing to provide any other offer.
What Happens During Negotiations?
Negotiations usually begin with an informal, pre-trial “discovery phase.” If you were approaching a trial, both parties would need to follow strict rules during the discovery phase. Among other things, both parties are required to share as much information with each other as possible. If you request certain documents from Uber/Lyft during the discovery phase, they are legally obligated to provide them. This ensures that everyone can approach the legal process in a fair manner with all the information they need.
Although you are not subject to the same rules during negotiations outside of court, it is always a good idea to gather as much information as you can. A solid attorney can push Uber/Lyft to provide you with key documents and other evidence – even if they are initially reluctant to do so.
With access to these documents, you can start to negotiate effectively. When building your arguments, refer to evidence like police reports, driver dashcams, employment history documents, and much more. Basing your arguments on a foundation of logic and facts is always more effective. For example, you can point to employment history reports that clearly show the Uber/Lyft driver caused a number of other crashes while working for the company. This shows that Uber/Lyft was aware of the driver’s negligent behavior and did little to address the issue.
Here is the key thing: Uber/Lyft knows that if negotiations fall through, you can take this information and present it in court. Even if you are not playing by the same rules as a trial, there is an underlying threat of a lawsuit throughout the entire negotiation process.
During the negotiation process, there will be a number of parties present. Uber/Lyft will probably be represented by their own legal team. Uber/Lyft’s insurance company may take the lead in the negotiation process with its own lawyers and adjusters. At some point, these parties representing Uber/Lyft will offer you a settlement. This settlement may come early, and it may seem like a lot of money. Uber/Lyft may even offer you a settlement before you have a chance to speak with your own attorney and get much-needed advice.
It is very important to avoid accepting a settlement offer before you have a chance to speak with an attorney. In almost all situations, you will receive a “lowball” offer that is far lower than what you deserve. Uber/Lyft does not actually expect you to accept this offer, but its goal is to start the negotiations as low as possible. From there, you can push back with your own counter-offers. Your lawyer and Uber/Lyft’s insurance adjusters may go back and forth with a few offers before coming to an acceptable resolution. When you work with a lawyer who has solid negotiation skills, it’s easy to walk away with a settlement that covers your full range of damages – including non-economic damages like emotional distress, PTSD, and loss of enjoyment of life.
Where Can I Find a Qualified Rideshare Accident Attorney?
If you have been searching for a New Jersey rideshare accident attorney, look no further than Smith & Williams Law Firm, LLC. We know that the negotiation process can seem extremely daunting, but there is no reason to feel discouraged about suing Uber/Lyft for injuries. We have experience dealing with these kinds of cases, and we know how to negotiate with big tech companies like Lyft and Uber. You deserve a settlement that fully covers your medical expenses, emotional distress, missed wages, and any other damages you might have incurred. Book your consultation today to get started with an effective action plan.
