Uber Accident Attorney | Lyft Accident Lawyer • Carlson Law Firm
Uber Accident Attorney | Lyft Accident Lawyer
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Rideshare services like Uber and Lyft have improved our transportation options by providing an easy, reliable way to access a private or group ride with a few simple touches of a smartphone app. For as many conveniences as these services offer, they also come with complications. If you or a loved one has been injured in a rideshare accident, a rideshare accident lawyer may be able to help your family recover.
Whether you’re the passenger, the driver, or another motorist involved in an accident with a rideshare company like Uber or Lyft, it’s important to know there are certain rights you are afforded and concerns that are essential to the rideshare insurance and claims process. Injured in an Uber accident? Contact our office today for a free consultation with an Uber Accident Attorney or Lyft Accident Lawyer.
Uber Accident – Lyft Accident: What Are My Rights?
Uber, Lyft, and similar apps are usually considered technology companies and are often not subject to the same rules as taxi companies or similar transportation services. The service that they provide is connecting people with individuals who want a ride with people who are willing to drive them around.
As the passenger of a rideshare company, your personal insurance policy will most likely not cover you in an Uber or Lyft accident, because the accident occurred in a vehicle that was being used for commercial purposes.
Luckily, many states require that ride-sharing companies, or Transportation Network Companies, as they are now known, provide rideshare insurance coverage for drivers and vehicles. Uber provides insurance that meets or exceeds the requirements of state law in every state where TNCs are regulated. Keep in mind though; policies range from state to state.
Because many rideshare drivers are classified as independent contractors, those who have been injured in an accident involving an Uber or Lyft vehicle may have trouble determining who is liable in the case of an accident if one should occur.
Rideshare Insurance Benefits
If the accident occurs during your trip and your ride-sharing driver is at fault, you are covered under a $1 million liability policy that both Uber and Lyft maintain. If another driver is at fault (not your ride-sharing driver), then the other driver’s personal insurance policy comes into play first. Assuming they don’t have enough to cover potentially serious medical bills, Uber and Lyft both have $1 million underinsured motorist policies that could apply.
- $1 million in primary coverage per accident, excluding accidents that occur during “Period 1” (times between trips). This coverage does include injuries to passengers.
- $1 million in uninsured/underinsured motorist coverage
- Limited injury coverage between trips.
- Collision insurance for damage to the driver’s car
- UberBLACK, UberSUV and UberTAXI rides are covered by commercial insurance policies.
Uber Accident – Lyft Accident: Driver Coverage
Auto accidents involving ridesharing companies like Uber and Lyft can be confusing and unique because of the changing landscape of the laws that regulate such businesses. Under current company policies, drivers should be covered as long as they are logged into the app. Likewise, passengers should be covered too. The legal grey area, however, is when someone is on their way to pick up a client. In these cases, the victim of a crash will have to go through the driver’s personal insurance before reaching the rideshare company.
Uber classifies its drivers as independent contractors or third-party service providers. Therefore, they’re not Uber’s employees. A company is only liable for the actions of its employees while they are working. They are not liable for the actions of third-party contractors. Therefore Uber is not responsible for the actions of their drivers.
Rideshare insurance coverage is typically defined by a three-stage system:
If the driver is using his or her vehicle for personal business and is not available to accept requests from rides from customers, the Uber policy does not apply. Instead, the driver’s personal policy covers him or her, and the coverage limit is based on this personal policy.
Available but No Passenger
If the driver is available on the app and ready to pick up passengers but is not carrying a passenger when an accident occurs, the primary insurance is the driver’s own insurance policy. However, Uber provides additional coverage in this situation with liability coverage up to $50,000 per injury with a maximum of $100,000 and a maximum of $25,000 in property damage. However. this coverage is only available if the driver requests it and if his or her personal liability coverage does not cover all of the damages.
Available and Carrying a Passenger
This is the situation in which the $1 million policy can be available. If the Uber driver is carrying an Uber passenger, the driver and passenger are covered under the liability insurance policy. Additionally, if a third party was injured, such as a cyclist or pedestrian, the third party is covered by Uber’s policy when the driver was carrying a passenger.
Other Types of Accidents Involving Uber, Lyft or Rideshare Drivers
Pedestrian hit by an Uber/Lyft vehicle: If you were acting as a pedestrian at the time of your accident involving an Uber or Lyft vehicle and you were not at fault for the accident, then you can file a claim under the company’s liability coverage. You can also file a lawsuit if a settlement cannot be reached.
Another driver involved in an accident with an Uber or Lyft: If you were acting as the driver of a separate vehicle at the time of your accident with an Uber or Lyft vehicle, you should file a claim with the vehicle’s insurance policy if you were not at fault. If you were at fault, you may need to turn to your own insurance’s collision or medical payments coverage (if you carry these coverage types). If you and the Uber/Lyft driver are both found to be at fault, you may share liability for the accident, and be forced to split the costs of damages.
Additional Ridesharing Insurance Coverage for Uber and Lyft Drivers
Some rideshare drivers carry their own rideshare insurance or commercial auto insurance policy. During the early years of ridesharing services, most insurance companies didn’t offer auto policies catering specifically to Uber and Lyft drivers. However, as these services have become more and more popular, the rideshare insurance industry has begun to recognize the need for such coverage.
What Damages May I Recover In An Uber Accident?
Under the law, the damages you may obtain for a car accident include compensation for:
- Past and future physical pain and suffering, mental anguish and physical impairment
- Past and future medical, hospital, rehabilitation, disability and other health care related expenses
- Past economic losses including lost wages, salary or income and property damage
- Loss of future income due to any long-term disability and permanent diminished earnings capacity
- Punitive damages (for outrageous wrongful conduct)
- Wrongful death when the lawsuit is brought by the family of the loved one who died.
What To Do If You’re In An Uber Accident
There are a number of steps you can take after being involved in an Uber accident or Lyft accident to ensure your safety, both medically and financially.
- Call 911, and then take pictures of the crash scene
- Write down names, email addresses, and phone numbers of any witnesses
- Write down the name of the driver if it’s not already in your phone
- Take screen shots of your Uber ride and receipt on your phone
- Hire a lawyer if you’re injured or incurred any kind of medical bills
Common Rideshare Accident Injuries
With any type of auto accident, there is a serious risk of injury. If you were in an Uber accident or Lyft crash, it’s important that you seek medical attention as quickly as possible. Even if you don’t experience pain or symptoms right away, that doesn’t mean you aren’t hurt.
Common injuries after a car accident are:
- Broken bones
- Head or brain injuries
- Spinal cord injuries
- Internal injuries
Uber and other rideshare companies have a duty to provide a safe environment for its passengers, drivers, other commuters, and pedestrians. Should an Uber driver fail to fulfill this duty, they, as well as the company, could be held liable in lawsuits for injuries that may result.
Other Recent Rideshare and Uber Accident Legal Issues
Along with auto insurance matters, there is also the concern lately about the action of Uber drivers in relation to passenger safety. After several rape and assault allegations, Uber began requiring its drivers to submit to background checks, as they were previously not required.
What An Uber Accident Attorney from The Carlson Law Firm Can Do For You
If you or a loved one has been involved in a rideshare auto accident that has resulted in personal injuries, it is important to discuss rideshare insurance and injury compensation options with an uber accident attorney as soon as possible. If you were the victim of an Uber accident or Lyft accident, you are entitled to compensation for the medical bills, pain, suffering and even future medical procedures. At The Carlson Law Firm, we can help you prove that the other person is at fault by taking a detailed look at the case. We have a team of skilled attorneys, nurses and private investigators ready to assist. Contact us as soon as possible for your free consultation. We are available 24 hours a day, 7 days a week. Hablamos tu idioma.