UBER AND LYFT ACCIDENT

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Statistically speaking, Uber’s motor vehicle fatalities rate sits at about half the rate of the country’s motor vehicle fatalities per mile traveled, meaning that in terms of a potential car accident, hailing an Uber could be safer than driving yourself.

But when a car accident does occur, knowing the law – and the way ridesharing companies like Uber handle liability for their services – can help you navigate the complexities of an Uber accident.

If you were injured in an Uber accident, you deserve compensation. But the question becomes, from whom?

An Uber driver is an independent contractor, but Uber does bear some responsibility if their driver got into a car accident while en route to a passenger, or while bringing a passenger to their intended destination.

There are three different scenarios under which an Uber driver might get into a car accident, which determine how and when Uber assumes some liability.

Uber assumes that drivers who get into a car accident while their app is off (i.e., outside of making their way to a ride, or during the course of the ride itself) are conducting private business, and as such, drivers in such accidents are not entitled to additional insurance coverage from Uber. This means the driver’s own insurance must handle the claim.

But once a driver is performing service through the Uber app, Uber’s insurance coverage kicks in. Uber only provides additional coverage, meaning no matter the circumstances of the car accident, the driver’s insurance always kicks in first.

This means that if an Uber driver gets into a car accident while on the app and waiting for a fare, Uber’s accident insurance coverage provides liability limits of:

• $50,000 for bodily injury costs per person
• $100,000 per accident with bodily injuries
• $25,000 for property damage per accident

For contrast, minimum insurance coverage for drivers under California law is:

• $15,000 for bodily injury costs per person
• $30,000 per accident with bodily injuries
• $5,000 for property damage per accident

But what about a car accident where the driver is already on their way to pick up a passenger or has a passenger in their vehicle?

In these cases, Uber insurance coverage expands considerably, up to $1 million in liability coverage, $1 million in underinsured or uninsured motorist coverage, and collision and comprehensive coverage with a $2,500 deductible (if the driver has collision coverage on their own car insurance policy).

But when the dust settles, you may want to consider speaking with an Uber accident lawyer, to get a full rundown of the situation, and understand your options in terms of a future Uber accident claim.

As with any other motor vehicle accident, documentation and chronology will be important. When working with us, you will be kept informed as we work on collecting any relevant information, requesting the police report, contacting your insurance company, and contacting both the driver and Uber itself.

Uber’s car accident coverage is only available to third parties if they don’t take legal action against the driver and sue Uber itself.

Whether you can or should sue Uber in an accident will depend on the circumstances of the car accident. Because Uber drivers are independent contractors, the company’s own liability in any given accident is low. 

Uber is classified as a transportation network company under California law, which means that its insurance coverage applies to involved third parties in an accident. So, while filing an Uber accident claim to receive economic and medical compensation might be more difficult than a claim involving two private parties, you can work with a lawyer to ensure that your damages are compensated for through Uber accident coverage.

However, like any other business, Uber will be reluctant to provide any insurance coverage that they won’t have to. Working with an Uber accident lawyer to file a Uber accident claim helps you secure any compensation that you might be entitled to.

If another party was at fault, however, your options for compensation may differ. You may want to consider taking legal action against them to seek compensation for economic and emotional damages, such as medical bills, lost wages, as well as pain and suffering.

In addition to other drivers, other liable parties in a car accident may include, automobile manufacturers, mechanics, or equipment installation services, as well as municipalities or architects responsible for a faulty road or bridge.

One of the greatest innovations of the Internet and the advent of handheld computing devices is that the customer-to-customer business model exploded.

Phone apps revolutionized the ability to scale your operations without the need for a massive existing infrastructure – couple that with the fact that regulations and licensing requirements couldn’t keep up with the rapid growth of these new industries, and that’s how lightweight business models like ridesharing came to rival the yellow cab via competitive pricing and lucrative gig work offers.

But part of the success of companies like Lyft lies in their relationship with their drivers, or lack thereof.

Unlike a cab driver, a Lyft driver is not an employee– they’re an independent contractor.

This means, in terms of liability, you can’t really sue Lyft if you get in an accident while sitting in the back of a Lyft driver’s ride. The driver’s personal coverage will always spring in first.

However, in the interest of maintaining a good image and locking drivers and passengers out of the option of filing a lawsuit in the first place, these ridesharing companies offer a large accident coverage plan.

If you’ve been in an accident involving a ridesharing car, you may be entitled to compensation for your physical, emotional, and economic damages.

But understanding whom to call – and who is liable – is important.

Insurance can get complicated in the event of a car accident.

There are state-specific rules, as well as case-specific circumstances that determine whose insurance kicks in, to what extent, and at what point.

The most important factors include

• The actions of the drivers, passengers, and other involved parties.
• The condition of the vehicles or surrounding property.
• The circumstances surrounding the accident
  • distractions, weather, and more
• The state the accident took place in

When it comes to a ridesharing or Lyft accident, there are a few other crucial factors. These are whether the driver was:

• Getting into an accident while using their car for a personal errand with the Lyft app off.
• Getting into an accident while the Lyft app was turned on and looking for a passenger.
• Getting into an accident en route to a found passenger, or with a passenger already in the car.

If the accident occurred while the app was off, the driver is not covered by Lyft’s insurance coverage. The company assumes that the driver is using the car for a personal errand, and cannot be held liable.

If the accident occurred while the app was on, but while idling for a passenger, there is limited coverage in California on Lyft’s part. Lyft provides coverage of:

• $50,000 per person for bodily injuries.
• $100,000 per accident for bodily injuries.
• $25,000 per accident for property damage.

If the app was on, and the Lyft driver is en route to pick up a passenger or already has picked up a passenger, Lyft provides coverage of at least $1,000,000, in addition to first-party coverages (uninsured or underinsured motorist coverage), and collision and comprehensive coverage with a $2,500 deductible (if the driver has collision coverage on their own car insurance policy).

Even for minor injuries or a small accident, getting the police involved is important in addition to your own health and well-being. A police report for a collision or accident is one of the crucial elements of an insurance claim.

Next, once your health is taken care of, talk to a legal professional. They will want to get in touch with Lyft and the driver and work on the insurance claim.

Once you’re in touch with your Lyft accident lawyers, continue to schedule appointments with your doctor to follow up on your health after the accident.

To recap:

• No matter what, call 911.
• Get a thorough medical checkup.
• Talk to a Lyft accident lawyer.
• Keep any evidence you might still have.
• Schedule and keep up with your follow-up doctor’s appointments.

Remember, insurance companies make money by not paying, so it helps to be thorough, or work with an experienced team, such as the team at Owen, Patterson & Owen.

If you can legally prove that Uber or Lyft had a duty to uphold and failed to do so and that their failure contributed to your damages, then you may have a case.

It is important to note that only a qualified legal professional can sit vis-à-vis a person, hear the details and circumstances of their accident, and ultimately provide their legal opinion.

If you want to know more about any potential litigation towards Lyft and other ridesharing companies, it is imperative that you talk to a Lyft accident lawyer at Owen, Patterson & Owen today.

If you were in an Uber accident or Lyft accident, and you want to know more about any potential litigation towards Lyft, Uber, and other ridesharing companies, it is imperative that you contact us at OPO Law.

We can help you seek the full compensation you deserve while you make a recovery, guiding you through every step of the way from reporting an accident to Uber or Lyft, to receiving your Lyft or Uber car accident settlement payout.