888-970-5729
200+Whether taking a ride home after a night out, going to the John Wayne airport, or avoiding parking inconveniences at crowded venues like The Observatory or Pacific Amphitheatre, rideshare services offer a convenient means of transportation. However, accidents can still occur, even with rideshare services.
If you were a passenger in an Uber accident or a Lyft accident in Orange County, it’s crucial to understand that you have legal rights and may be compensated for any injuries or other sustained damages. Here is what to do following a rideshare accident.
For additional questions, our Santa Ana Uber and Lyft accident lawyers at Attorney Jeff Car Accident Lawyer can help.
Your Rights as an Injured Uber Passenger
As a passenger in an Uber accident, you must know your rights and the steps to take to protect them to avoid being left with untreated injuries or costly medical bills. Here is what to be aware of.
You Have the Right to Hold the At-Fault Party Accountable
Multiple parties may be involved and potentially liable for an Uber car accident, such as the Uber driver, a third party driver, the rideshare company, or a third party. Regardless of the circumstances, Lyft and Uber passengers have the right to hold the at-fault party (or parties) accountable.
In order to successfully do so, report the incident to the appropriate rideshare company through their app. This report activates the investigation process, so insurance companies can begin looking into who will be liable for damages.
You Have the Right to Seek Immediate Medical Attention
After a Santa Ana Uber accident or Santa Ana Lyft accident, it’s crucial to seek medical attention right away. Even if injuries seem minor, get checked out by a medical professional to ensure there are no underlying conditions that could worsen over time or become permanent.
It is crucial to report the accident to Uber or Lyft and seek medical attention to create medical records, as medical costs may potentially be covered by Uber’s insurance policy or the insurance policy of the party at fault.
You Have the Right to Be Compensated
In addition to the at-fault party’s insurance compensating victims for damages, Uber’s insurance policy may also cover some expenses if the responsible party’s insurance is exhausted. Passengers in Uber accidents and Lyft accidents have the right to seek compensation for:
- Injuries that result in disability
- Current and future medical expenses
- Lost wages for missing work
- Pain and suffering
- Property damage
What Should an Injured Passenger in an Uber Accident Do First?
If you are involved in an accident while in an Uber or Lyft, there are five key things to remember. Follow these steps to protect your rights and your rideshare accident claim.
1. Check for injuries and Seek Medical Attention
The first thing to do after an accident is to check for injuries. Some injuries, like cuts and broken bones, may be immediately apparent. However, adrenaline or shock in the immediate aftermath of an accident can mask serious injuries, like a traumatic brain injury (TBI) or organ damage.
If left untreated, these injuries can not only worsen but become fatal. Additionally, the insurance may argue that the injuries were either not severe or were not caused by the accident if medical attention was delayed.
2. Report the Uber Accident
If the car accident is serious, call 911 and request police presence. Otherwise, notify the California Highway Patrol or the Santa Ana police department to file a police report. While a police report cannot be used as evidence in court, it can be leveraged during negotiations with the insurance company.
Additionally, if a serious injury is sustained, contact emergency services. Paramedics can immediately treat those injuries at the accident scene or provide emergency transport to the hospital. Ambulance fees can be compensated in the personal injury claim.
The rideshare company should also be notified. The in-app emergency button in the Uber Safety Toolkit provides the accident location and the Uber driver’s vehicle information.
3. Gather Evidence and Document the Accident Scene
If physically able, gather evidence by taking photos of the crash scene, all involved vehicles, and any visible injuries.
Collect the contact and insurance information from the Uber driver and other involved drivers, and record the make, model, color, and license plate number of each vehicle. Additionally, get contact information and statements from any witnesses.
Obtain the police report number from the responding officer, their name and badge number, so a copy of the report can be later accessed. Retain all documentation related to the crash, including medical treatment records.
4. Hold Off Immediately Settling with the Insurance Company
In the aftermath of a severe accident, it’s common to experience emotional distress and mental confusion, clouding judgment and making it difficult to make rational decisions. Insurance companies often prey on this vulnerability and will attempt to use this to their advantage.
The initial settlement may seem appealing, but it is typically less than what victims are actually entitled to, as the offer may not fairly reflect all current and future damages. Unfortunately, once an offer is accepted, it cannot be undone.
5. Hire an Uber Accident Lawyer
Uber and Lyft accident cases are more complex than a typical auto accident. This is why it’s best to consult with an experienced Uber accident attorney before speaking to the insurance companies, as anything shared could be damaging to the case.
Uber accident attorneys can evaluate the full extent of damages and negotiate with the insurance company on behalf of their clients. If necessary, they can file a personal injury lawsuit to sue Uber and obtain fair compensation through a verdict.
Whose Auto Insurance Should I File a Claim With?
The insurance company to file a claim with depends on which party caused the accident. This can be particularly complicated, as multiple parties are often involved in Lyft and Uber accidents. The following scenarios will indicate the appropriate party to file a claim against.
Uber Driver Caused the Car Accident
If the rideshare driver is at fault, then his or her insurance company will be responsible for the personal injury claim. However, Uber and Lyft drivers are not always covered by their auto insurance carriers because ridesharing can fall under a commercial policy.
To account for this, Uber is required under California law to provide primary coverage of up to $1 million for injuries, wrongful death, and property damage if their driver is at fault while transporting passengers.
Uber Driver Did Not Cause the Car Accident
If someone else caused the accident, Lyft and Uber passengers can file a claim against that party’s insurance. The process would be similar to a standard car accident claim, regardless of whether they were driving their own vehicle or riding as a passenger.
However, drivers are only required to carry minimum coverage, which may not be enough if the crash results in serious injuries. Additionally, almost 17% of California drivers are uninsured.
If the at-fault driver of the car accident has insufficient insurance coverage, Uber’s $1 million policy, which also includes uninsured and underinsured motorist coverage, may cover the remaining costs.
Factors That May Affect Insurance Coverage
Comparative Negligence
Under California’s pure comparative negligence laws, multiple drivers can be held liable for damages in proportion to their degree of fault. This means that multiple insurance companies may be involved. Therefore, if an Uber driver and another driver are each 50% at fault, claims must be filed with both insurance companies, and both would be responsible for compensation.
The “Period” of the Crash
Coverage applies from the moment an Uber driver accepts a ride on the Uber app until the ride is complete. Insurance coverage is typically divided into different periods, with each period qualifying for different insurance coverage. However, if the Lyft or Uber driver is not logged into the app when the accident occurs, it will not be covered by the respective rideshare company.
Understanding Uber’s Insurance Policy
This insurance policy is designed to protect passengers if an accident occurs. Here are some of the key details.
Individuals Who Are Covered After an Uber Car Accident
Uber’s insurance policy provides coverage for both drivers and passengers from the moment a ride is accepted until the passenger exits the vehicle. This policy includes $1 million in liability coverage to compensate injured passengers for medical bills, lost wages, and other damages.
When the Other Party’s Insurance Is Insufficient
Uber’s insurance policy also includes uninsured and underinsured motorist coverage. This additional coverage compensates for some damages if the at-fault driver lacks sufficient insurance or is uninsured. This protection is especially crucial in hit-and-run accidents or when the responsible driver is uninsured.
Policy Coverage and Limits
Lyft and Uber have different levels of coverage based on their drivers’ status at the time of the accident, which is categorized into the following periods:
Period 0: If the driver is not logged into the app, Uber’s insurance will not apply, and only the at-fault driver’s insurance can be used to cover damages.
Period 1: If the driver is logged into the app and waiting for a ride request, Uber offers liability coverage of up to $50,000 per person, $100,000 per accident, and $30,000 in property damage.
Period 2: If the driver is en route after accepting a ride request, Uber’s liability coverage increases to $1,000,000 for uninsured/underinsured motorist coverage. Lyft and Uber may also offer contingent comprehensive and collision coverage if the driver’s personal auto insurance policy includes it.
Period 3: If the driver has picked up the passenger, Uber provides the same higher coverage as in Period 2, including $1,000,000 in liability insurance, uninsured/underinsured motorist coverage, and contingent comprehensive and collision coverage
Can a Passenger Sue Uber or Lyft?
Yes, a lawsuit can be filed against Uber or other relevant parties to recover compensation for damages incurred during a Lyft or Uber car accident. Compensation may include pain and suffering, past and future medical expenses, and other damages.
If you’re a passenger injured while riding in a Lyft or Uber vehicle, you can sue the at-fault driver. This could include the Lyft/Uber driver or another motorist. However, it may be difficult to recover damages from a personal auto policy.
Because non-commercial auto insurance policies typically don’t cover ridesharing and California drivers are only required to carry a minimum policy of $30,000 for injury or wrongful death per person, a passenger in an Uber accident may be left with the remaining costs of damages.
Rideshare companies like Uber and Lyft are required by California law to have $1 million in liability insurance to cover damages that exceed a driver’s own insurance policy. If these companies fail to provide adequate compensation, legal action can be taken to recover the necessary damages.
What Damages Can an Uber Passenger Recover?
After a careful assessment of all incurred damages, the value of an Uber accident claim can be established. The following factors determine how much a case is worth:
- Pain and Suffering: Mental anguish and physical impairment
- Past and Future Medical Bills: Includes hospital stay, physical rehabilitation, and other healthcare needs
- Loss of wages: Economic losses while recovering from injury
- Diminished Earning Capacity: Loss of future income due to any long-term or permanent disability
If a loved one was killed in an Uber accident, you may be able to file a wrongful death lawsuit. Under other circumstances, the court may additionally impose punitive damages to penalize the guilty party for egregious or wrongful behavior.
Injured in an Uber or Lyft Accident? We Can Help.
Our award-winning team at Attorney Jeff Car Accident Lawyer can assist you if you were a passenger injured in an Uber or Lyft accident. Our personal injury lawyers will investigate the accident, gather evidence, prepare your claim or lawsuit, evaluate your damages, and help you seek compensation from the responsible party.
After an accident, Jeff’s got you. Schedule a free initial consultation with our Santa Ana office or neighboring locations to discuss your case today.