For many, the convenience of Uber and Lyft ridesharing services is unbeatable. As many people’s primary mode of transportation, ridesharing may feel safe. However, ridesharing drivers are just as likely to get into accidents as other drivers on the road. Unfortunately, after an accident, Uber and Lyft may try to deny personal injury claims. So how do you know if you have a claim against Uber or a claim against Lyft? Read on to learn more about accidents involving Uber and Lyft drivers and what steps you should take to protect yourself.
How Is Liability Determined in an Uber/Lyft Accident?
If you suffered injuries in an accident, your attorney might pursue compensation from the driver, the ridesharing company, or a third party or parties. Uber and Lyft both provide insurance coverage that is available when the driver has the app on and is either waiting for a ride or completing a ride.
App Turned On
People injured in rideshare accidents often ask, “Do I have a case against Uber?” or “Do I have a case against Lyft?” The ridesharing company’s insurance coverage will apply if the driver had the app turned on at the time of the accident. Uber and Lyft are responsible in the following scenarios:
- The driver has the app turned on and is waiting for a ride request,
- The driver accepted a ride request and is on their way to pick up their passenger, and
- The driver is giving a passenger a ride to their destination.
Uber and Lyft both provide the following insurance coverage levels:
- Up to $1,000,000 per accident when the app is turned on and the driver accepts a ride or has a passenger;
- Up to $50,000 per person or up to $100,000 per accident in bodily injury coverage when the app is turned on, but the driver has not accepted a ride or does not have a passenger; and
- Up to $25,000 in property damage per accident when the app is turned on, but the driver has not accepted a ride and does not have a passenger.
Without an attorney, it’s easy to get overwhelmed by these details and miss out on well-deserved compensatory relief.
App Turned Off
If the ridesharing driver had the app turned off at the time of the accident and is deemed at fault, they must use their personal auto insurance to cover your damages.
Third-Party Liability
A third party may be liable when a ridesharing driver is transporting a passenger with the app on or driving with the app off. Third parties may include anyone else who was involved in the accident, such as other drivers or pedestrians.
How Can a Lawyer Help Me?
One of the most important steps you can take after an accident involving an Uber or Lyft driver is to contact an attorney. Experienced personal injury attorneys understand all the tactics insurance companies, opposing attorneys, and at-fault parties use to protect their interests, and they can help you more effectively fight for the compensation you deserve.
Negotiate
When asking, “Do I have an Uber claim?” or “Do I have a Lyft Claim?” it’s important to remember that insurance companies are not on your side. Some insurers may refuse to approve your claim without an investigation. Other insurance companies may make a quick initial offer without knowing the actual value of your claim. While the offer may be enticing, once you accept it, you lose your ability to file a claim at a later date. These offers usually don’t accurately reflect all of your damages.
Determine Liability
Your attorney works to establish liability to strengthen your claim against Lyft or Uber for damages. An experienced personal injury attorney knows how to investigate the circumstances of your case to determine why it happened and who is at fault. Being able to clearly establish fault and liability will help strengthen your claim.
Calculate Your Case Value
In your claim against Uber or Lyft, your attorney will know how to accurately calculate your damages so that you can be sure you’re pursuing all of the compensation you’re eligible to receive. Injured victims in California are entitled to both economic and noneconomic damages. These damages encompass a wide variety of losses, including the following:
- Medical expenses,
- Lost wages,
- Loss of future earnings,
- Pain and suffering,
- Emotional distress,
- Loss of enjoyment of life, and
- Property damage.
While some damages may be easy to calculate by looking at receipts and invoices, other more subjective losses, such as pain and suffering, require the assistance of a qualified personal injury attorney to be accurately calculated.
Contact Us
Serious injuries add stress and anxiety to your life that you shouldn’t have to deal with. At the Beliz Law Firm, we are passionate about pursuing justice on your behalf and providing you with a voice in your time of need. Our legal team will help you maximize your compensation by aggressively negotiating with insurance companies. We never hesitate to bring your case to trial if that’s what’s required. Contact us today for a free case review.
Michael A. Beliz, Esq., established The Beliz Law Firm in the spring of 2011. Michael has been a practicing attorney since 2006 and worked for two of the most prominent plaintiff’s personal injury law firms in Southern California. He has worked on and handled hundreds of cases as an attorney in all types of personal injury cases, including vehicle accidents, pedestrian accidents and dog bites, and successfully recovered millions of dollars for his clients.
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