A rideshare crash is more complicated than a regular car crash because of additional insurance rules that can affect compensation for the injured. involvement of the rideshare company may also make it more challenging to get compensated.
If you’ve been injured in an Uber or Lyft accident, it’s important to have a good injury attorney on your side. In Riverside County and nearby areas, contact The Zucker Law Firm. Our experienced car accident injury lawyers have an excellent track record winning settlements for our clients, even when faced with major insurers and transport companies. Talk to us about your ridesharing injury and see how we can help.
Who Pays for My Bills in an Uber/Lyft Accident?
California is a “fault-based” state in terms of auto accident insurance, which means that the party who caused the accident is responsible for paying for the losses of the victims. This applies even to rideshare crashes. It also applies whether you were injured as a rideshare passenger, an occupant of another vehicle, or a pedestrian.
If the person who caused the crash was the Uber or Lyft driver, you can file a claim against them. Normally, the rideshare company has a liability insurance policy to pay for the injuries that their drivers cause. However, this policy only applies if the accident happened during a covered “period” of rideshare driving.
The following are the typical driving periods of Uber, Lyft, and other rideshare services, and how they affect an accident injury claim.
- Period 0 – This is when the Lyft/Uber driver is not logged on to the app. The company’s liability insurance does not cover crash injuries during this period.
- Period 1 – The Uber/Lyft driver is logged on to the app but has not taken on a passenger. California law requires that the rideshare company activate their liability insurance during this period. The maximum injury coverage is $50,000 per person per accident and $100,000 total per accident.
- Period 2 – The Lyft/Uber driver is on their way to pick up a passenger that they’ve accepted on the app. The rideshare company is required by California law to have a $1 million liability insurance for this period.
- Period 3 – The Uber/Lyft vehicle has a passenger inside. The $1 million insurance policy also applies in this period.
A complicated scenario is if the accident occurred during Period 0, which is when the rideshare company insurance does not apply. In this case, the Lyft/Uber driver will have to turn to their personal auto insurance to cover damages.
However, many personal insurance policies will void their coverage if the driver uses their car for commercial purposes like ridesharing. That means both the rideshare insurer and the personal auto insurer may deny the injured person’s claim.
In some cases, even if the driver was covered by rideshare liability insurance, the injured claimant still finds it difficult to deal with the insurer. Most insurance adjusters are trained to minimize the claim value using tactics that claimants don’t often recognize. For example, adjusters may lowball the settlement offer, use the claimant’s statements against them, or delay the claims process to the point where the claimant settles for a dismal amount.
This is why it’s essential to have a personal injury lawyer handling your claim. Uber accident claims are rarely straightforward, but a competent attorney can increase your chances of getting a favorable settlement.
Can I Sue Uber Directly If Their Driver Caused My Injury?
In the scenarios above, we discuss how insurance claims work when you are claiming against an Uber or Lyft driver. However, we also get this common question from Californians: Can I file a lawsuit directly against Uber or Lyft for my accident injuries?
The short answer is yes – if you were seriously injured in an accident caused by a rideshare driver, you may file a lawsuit against a) the negligent driver, or b) both the driver and the rideshare company. If you are including Uber or Lyft in your lawsuit, you need to work with an attorney to determine the legal basis and strategy for your suit.
For example, you could sue Uber or Lyft for negligent hiring if it turns out that the driver was unqualified to operate the vehicle. Rideshare companies have been claiming that their drivers are “independent contractors” and not their employees. However, California enacted a law in 2020 requiring Uber and Lyft to reclassify their drivers as employees. This means that the conduct of the drivers during their working periods is also the responsibility of the company.
Despite this, major companies like Uber and Lyft are well-resourced when defending themselves in lawsuits. If your damages are substantial and you wish to sue the rideshare company, work with a personal injury attorney who has effectively handled high-value cases.
How Much Will I Receive in an Uber Accident Claim?
The compensation amount in a rideshare injury claim depends on many factors, such as the severity of the injury, the impact on the victim’s income, and any long-term expenses.
In California, if you’re filing an injury claim with Uber or Lyft, the policy limit also depends on the driving period: in Period 1, the maximum injury coverage is $50,000, while in Period 2, it’s $1 million. If your damages exceed these, the at-fault party will have to pay the excess via other insurance policies or out of pocket.
In a rideshare injury case, you may be entitled to both economic and non-economic compensation. These can include:
- Medical bills
- Emergency fees
- Rehabilitation/therapy costs
- Lost wages
- Reduced ability to earn
- Pain and suffering
- Mental trauma
- Disfigurement
- Lost enjoyment of life.
Consult an experienced injury attorney to determine the full value of your case. It’s best to have your lawyer’s guidance early on in your claim, as insurers will likely offer you a settlement that’s much less than you deserve. Your attorney should help you establish the full extent of your losses and negotiate with the other camp for your maximum compensation.
Contact a Temecula Uber Accident Attorney
The Zucker Law Firm has earned the trust of many individuals in Riverside County when dealing with complex auto accident cases. Our firm has obtained substantial compensation for our clients, including several million-dollar injury settlements and verdicts. We are ready to advise and represent you in your Uber or Lyft accident claim.
Your consultation with us is free, and you won’t have to pay us lawyer fees unless and until we obtain compensation for you. Call us at (951) 699-2100 today.
