Ridesharing is now among the most popular modes of transportation for Californians. Uber and Lyft have become a popular way to get around, offering both convenience and a far lower cost, but in the event of accidents involving these vehicles, victims are often wondering what their rights are and if they are pursuing the best course of action. Rideshare accident lawsuits can be more complicated than traditional car accident cases, as they typically implicate corporate insurance policies and independent contractors, as well as constantly changing state laws. By knowing the facts and figures and having answers to frequently asked questions, victims can go to a lawyer informed and ready, and ensure they get the best possible outcome and money.
What You Need to Know About Uber and Lyft Rideshare Accidents in California
Rideshare accident claims are different than typical auto accident claims for several key reasons.
Some key facts include:
Uber and Lyft drivers are considered independent contractors, not employees, when it comes to liability
Insurance coverage hinged on whether the driver had the app on, was waiting for a ride request, or was in the middle of transporting a passenger
Both Uber and Lyft offer $1,000,000 in liability always while the passenger is in the car
Victims can be the rideshare passenger or the driver, other drivers, pedestrians or cyclists, and even the rideshare driver themselves
Pleading negligence involves an in-depth inquiry into the driver's conduct, the state of the road, and his/her insurance status at the time of the accident
In California, multiple parties may be liable. It is important to determine who is at fault to obtain the maximum recovery.
Frequently Asked Questions about Rideshare Accident Claims
What Steps Should I Take Immediately After a Rideshare Accident?
Victims should dial 911, go to the doctor, photograph the scene, gather names of witnesses and file the accident with Uber or Lyft through the app. In addition, you should not provide detailed statements to insurance adjusters until you talk to your lawyer.
Who Is Responsible for a Ridesharing Accident?
Liability Generally, liability is based on the driver’s status at the time of the accident. If the driver was not signed in on the app, their own insurance is in effect. Possibly little company coverage if / when the driver was either available for a ride request or was waiting for one. If the driver had a passenger in her vehicle or was on the way to pick one up, Uber or Lyft’s $1 million liability policy usually comes into play.
Can the passengers directly sue Uber or Lyft?
Yes, someone who is hurt in an accident involving another person who is driving for Uber or Lyft has a claim against the insurance policy that’s provided by Uber or Lyft. But companies typically try to limit payouts, so legal representation is crucial.
What Kind of Compensation Is There?
Damages can take many forms, including medical expenses, rehabilitation expenses, lost wages, pain and suffering, and future financial losses. In the most serious cases, victims can also seek compensation for permanent disabilities or diminished ability to earn a living.
How Long Do I Have to File a Rideshare Accident Claim in California?
In general, victims have two years to bring a personal injury lawsuit after a car accident. If you miss a filing deadline, you may lose the opportunity to receive compensation.
Why Are Uber/Lyft Accidents More Complicated Than Traditional Car Accidents?
Those cases contain elements of multiple insurance policies, independent contractor rules, and issues of corporate liability. Left to their own devices, victims may not even know which coverage is applicable or how to obtain the full amount of benefits.
What Can an Attorney Do in a Rideshare Accident Case?
An experienced lawyer can have the accident investigated and liability established. They will also gather proof like police reports, app data, and witness accounts. Next, the will review and question offers from the insurance company and determine the real value of the claim with life time losses. Finally negotiate or try to get you the highest recovery possible if you are the victim.
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Note: This guide is for informational purposes only and does not constitute legal advice.
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“Shawn Mangoli, the founder of Beverly Hills Injury Firm, is a distinguished trial attorney specializing in personal injury law. With a decade of experience in civil litigation, Shawn has successfully championed the rights of those injured due to negligence, securing numerous multi-million-dollar settlements and verdicts. Recognized consistently by Super Lawyers and a respected member of the Consumer Attorneys Association of Los Angeles and American Attorneys for Justice, Shawn’s commitment to justice is profound and unwavering.”
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Don’t settle for less.
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