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It is an unpleasant fact that rideshare vehicles have clogged streets in the entire Bay Area. In San Jose and San Francisco combined, there are practically as many rideshare drivers as there are in the entire New York City area. Perhaps sensing some opportunity, Opoli has moved into the San Jose area to try to compete with Uber and Lyft. All the rideshare company needs to do is provide the app and an insurance policy.
There are over 14 million passengers coming through San Jose International Airport each year. Many of them need rides to and from their flights. In addition, others do not want the stress of driving on roads like I-280 or SR 130. This creates demand for rideshare services like Opoli at the cost of far more traffic on the roads. While rideshares give convenience, they add to congestion and risks for everyone.
Opoli claims to be a rideshare service that allows the customers control over their rides. They are a hybrid upscale livery and rideshare company that has allowed customers to select the driver and negotiate rides. The unwelcome byproduct of this is that you have hundreds of Opoli drivers scrambling around San Jose streets competing for passengers.
This can only take away from safety for other drivers and Opoli passengers. An army of aggressive rideshare drivers trying to eke out a living means that they could cut corners to make more money. In general, rideshare drivers try to congregate in areas where they know that they can be close to riders. This means that they clog up traffic and drive on the streets, making life far more dangerous for anyone in the vicinity trying to get somewhere.
The whole ridesharing process can be dangerous because of how it works. For Opoli, everything is about the app. Drivers are on it at all times and have one or both eyes on it while driving. Everything about ridesharing encourages distraction. Drivers are looking at the app when they are seeking passengers and when they are in the car. Silicon Valley roads are difficult enough these days without Opoli drivers not looking fully at the road.
Distraction is just one of the risks. Here are other dangers that Opoli drivers could pose:
Opoli knows about the dangers of ridesharing too. This is part of why it has structured its entire system to protect itself from the dangers that its drivers cause. The way that it gets away with this is by saying that Opoli drivers are not really “Opoli drivers.”
The legal structure is that Opoli drivers are independent people just like you who just happen to be using the Opoli app. Even though Opoli gets paid a 5% fee for each ride, the company claims to just be a middleman while the driver directly services you. This helps them avoid liability in case of a lawsuit since the driver is not an Opoli employee.
However, Opoli could not get away with telling passengers and other drivers that they are out of luck when they have been hurt in a rideshare accident. While there are other problems with the independent contractor arrangement, Opoli at least maintains a $1 million policy to insure accidents.
While this seems clear-cut, the confusion begins when you are actually hurt in an Opoli accident. There are many rules in place that you would need to know when you file your claim. These rules would dictate where you file your claim and how much you recover. Here is some of what you need to know:
The first thing that you need to know is who was responsible for the accident. It is not a foregone conclusion that the Opoli driver was negligent. You need a lawyer to help you get to the bottom of the accident to know where to file the insurance claim. This is a confusing process, and sometimes it feels like this is exactly how the ridesharing companies want it.
It’s smart to make use of ridesharing services like Uber when enjoying a hassle-free night out with friends or grabbing a ride home after a flight.
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The claims process is also laden with pitfalls for injured people. Don’t lose sight of the fact that these insurance companies know exactly what they are doing and have been known to resort to some underhanded things to get you to compromise or give up on your legal rights. Things such as unannounced phone calls, checks on your social media profile, and other underhanded tricks could cost you money.
The best way to protect yourself when dealing with an insurance company is to hire an aggressive and experienced lawyer. Our attorney can help you by doing the following:
The goal is for you to reach a fair settlement with the insurance company that pays you for your injuries. When you have an experienced attorney on your side, you maximize your chances of this. Otherwise, the insurance company and their adjusters and lawyers may take you for an easy mark and try to get away with paying you pennies on the dollar.
Your Opoli accident compensation should put you in the same exact position as if the accident never happened. While the settlement itself will not restore your health, the money is meant to compensate you for what you have experienced or lost. Here is what your settlement should include:
Just because you cannot sue Opoli directly (for now), it does not mean that you are not able to file a lawsuit at all. The insurance company handles the claim, and they will determine how much to offer you in a settlement. However, they are not the judge and jury when it comes to your claim. You still have legal rights to full and fair compensation depending on who was at fault for the accident.
If Opoli’s insurance company will not pay you enough for your accident, you could either continue to negotiate with them for more money, or you could file a lawsuit. At some point, you may need to sue to get what you legally deserve. Sometimes, it is the only language that an insurance company will understand. The only way to protect yourself from the insurance company is to get tough yourself. This starts with hiring a lawyer to fight for your legal rights.
Call The Ride App Attorneys today at (866) 641-0697 to schedule your free initial consultation. We are aggressive attorneys who know exactly how to deal with rideshare claims and the tricks that insurance companies use. We commit to fighting zealously on your behalf as you seek the money that you legally deserve after an accident. Turn your rideshare accident into money by contacting an attorney today.