San Jose Wingz Accident Attorney

San Jose Wingz Accident Attorney

We’re a group of experienced and trusted injury lawyers helping victims of Wingz Accidents.

Rideshare drivers do not have any special skill or training that qualifies them to transport passengers. Yet companies continue to put them onto the roads by the thousands because it means that they make more money. For rideshare companies like Wingz, they try to have the best of all worlds. They take a cut of all business that the rideshare driver does while claiming that the driver is not really their employee.

For injured rideshare passengers and people that are in accidents with drivers, this creates a difficult situation. They are left to deal with insurance companies who are trying to keep them from recovering fair value for their claims, sometimes not even knowing where to file the claim.

Wingz Drivers Are Independent Contractors

At the outset, we must tell those looking for justice directly from companies like Wingz after a rideshare accident that it probably will not happen. These companies almost always cannot be sued directly after a rideshare accident. They are legally creative by classifying their drivers as independent contractors. The company claims to be a middleman, merely providing a business and an app to link drivers and passengers. 

In the meantime, thousands of drivers roam San Jose streets waiting until the time that they see a ride request. This is especially true during the evening rush hour when tech workers are getting off their jobs. They congregate in areas where they think there will be demand, making the city’s legendary traffic even worse. Meanwhile, they work double shifts or moonlight after jobs trying to earn extra money without extensive safety training. All the while, they are driving down unfamiliar streets trying to get passengers to their destinations.

Case Results

  • Personal Injury / Wrongful Death Result

    $9.8Million

  • Personal Injury / Wrongful Death Result

    $3.4Million

Why Wingz Rideshare Vehicle Can Be Dangerous

Wingz promises a stress-free ride, claiming that traveling in one of their cars is like getting into a ride with one of your best friends. This is all part of their marketing angle. The reality is far different. Rideshare vehicles can be dangerous, as evidenced by the following:

  • Researchers say that the advent of ridesharing has caused a 2-3% increase in the number of vehicle fatalities.
  • Rideshare companies add to traffic in cities at night, when drivers may already be struggling with visibility.
  • Drivers spend a considerable amount of time “deadheading.” This is wandering around waiting for rides. This occurs in areas that already have high traffic.
  • Wingz drivers are often focused on the app, even when they are driving and supposed to have both eyes on the road and two hands on the wheel. With a passenger in the car, this is even more dangerous.

The hard thing after a Wingz rideshare accident is getting to the bottom of what happened. There are four possible insurance companies that could be involved in a claim, depending on the nature of the accident. Ultimately, you need to establish who was at fault to know where to file the claim.

There Is a Commercial Insurance Policy in Place

The good news is that Wingz does have to maintain a $1 million insurance policy, just like the other rideshare companies. That does not mean that you could get all $1 million in an accident. If you were a passenger and both you and another driver were hurt in an accident caused by a Wingz driver, you would both be making a claim against the same $1 million policy. Just because the insurance policy is there does not mean that it would automatically be used to pay the full extent of your injuries. 

In addition, this insurance policy is not always in effect. For example, if you get into an accident when the driver is “deadheading,” or driving without a passenger, you may need to make a claim against the driver’s personal insurance or have a far lower level of coverage from the rideshare company. Then, you may need to draw on your underinsured motorist coverage. 

Some Rules that Apply to San Jose Wingz Accidents

These are just some of the rules. If this seems complicated, it’s because it is. The first thing that you need is a guide to the legal process. You may not even know what you are facing. This is where our lawyers can help you. Here are some quick rules about ridesharing crashes:

  • If you have been in a collision with a Wingz vehicle, whether you can receive compensation depends on whether the rideshare driver was negligent.
  • If you are an injured passenger, you would file a claim against the insurance of whichever driver was negligent.
  • If the responsible driver’s coverage is not enough to pay your damages, Wingz’s $1 million policy would be effective as underinsured motorist coverage.
  • Your settlement check must fully compensate you for both your economic and non-economic losses. You must be put in the same position as if the accident never happened.

There is little to prepare the average person to handle their own insurance claim. The insurance companies welcome this because it means that they have a better chance of taking advantage of you. This is why you hire The Ride App Attorneys. We are your first line of defense against insurance company overreach.

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Auto Accident Client

Tenny Mirzayan is the best out there. She handled our car accident case, and destroyed the other side. Farmers Insurance offered us $0, and she got us deep into the six figures. She did not let us get pushed around. Thank you!!!

-Lyle T.

The Hazards of Dealing with an Insurance Company

There are many ways that Wingz’s insurance company could try to take you for a ride. Insuring rideshare companies is very profitable, even though these insurance companies see daily claims. The less that they pay, the more they make. They are counting on some of their profits coming at the expense of your fair compensation.  

Here are some of the tricks that insurance companies use on a daily basis to keep you from fully recovering:

  • Calling you unexpectedly and fishing for information that they could use against you
  • Pressuring you to give them a statement when you are under no legal obligation to do so
  • Making a very low initial settlement offer knowing your claim is worth far more

How Your Settlement Check Is Valued

To be clear, your compensation needs to pay you for what you have lost. This does not just include money that came out of your pocket, although that is a large part of your damages. Here is what you are legally entitled to as part of your claim:

  • Pain and suffering (both past and present)
  • Lost wages (or reduction in your earning capacity)
  • Mental anguish
  • Costs for your medical care and any rehabilitation from your accident
  • Wrongful death damages if someone was killed

You can count on there being a large difference of opinion between you and the insurance company over what your claim is worth. It happens with practically every claim. Here are some ways that the insurance company will try to minimize the value of your claim:

  • They will use a lower multiplier of your medical costs to reach the pain and suffering award
  • They will minimize the amount of time that you cannot work, expecting you to return to work much sooner than you otherwise should after a serious injury.
  • The insurance company will understate the amount of time in the future for which you would be unable to work or need medical payments.

It is not in the insurance company’s interests to see the full extent of your pain. This is why you need someone who can present your story and argue your side of the case. If the insurance company is not paying you what you deserve, you need someone who could play hardball because that gets the message across. 

How to Play Hardball with the Insurance Company

In your Wingz accident case, this is what hardball means:

  • Rejecting a settlement offer that does not come close to paying you what you deserve
  • Sending the insurance company a demand letter that details what you deserve and why
  • Knowing all the facts to call out when the insurance company is misrepresenting them or is just plain wrong
  • Filing a lawsuit if the insurance company will not be reasonable in settlement negotiations
  • Using an aggressive legal strategy if your case goes to court to put necessary pressure on the insurance company

You never quite know what you are legally entitled to unless you get expert advice from an experienced lawyer. The insurance company knows what your claim is worth to the dollar, and they will use that knowledge to pay you as little as they can. Without a lawyer on your side, they may just get away with it.

Contact a San Jose Wingz Accident Attorney

The Ride App Attorneys are standing by, ready for your call, so we can go to work for you. We know how to handle insurance companies because it is what we do every single day. We will fight to protect your legal right to compensation and keep the insurance company honest when it comes to the amount of your check. Call us today at (888) 272-7408 to learn what we can do for you. Get legal help on your side before the insurance company has the time to start acting against your legal right to compensation.