Can I sue Uber or Lyft to get full compensation for the injuries I sustained in a car accident in a ridesharing vehicle? If you were in an accident involving a ridesharing vehicle, you should ask for compensation for the injuries you sustained whether the Uber or Lyft driver is at fault or not. What should you do if another driver is at fault? In both situations, it would be best to ask for the help of a California rideshare accident lawyer.
Here are some answers to frequently asked questions when you encountered an accident as a passenger in a ridesharing vehicle:
Can I Sue Uber or Lyft When Their Driver Is At Fault for the Crash?
If you are a passenger in a ridesharing vehicle, or you’re a driver or passenger in another car or a pedestrian, motorcyclist, or bicyclist hit by an Uber or Lyft vehicle, you must be able to prove that someone was negligent so you can file a claim.
Like in any other car accident case, the person who is filing the claim must prove who was at fault for the incident and provide information on how badly you were injured from the accident.
When an accident happens, it is challenging to recover a personal auto insurance policy from the Uber or Lyft driver. Most private insurance policies do not cover commercial operations. This is why Uber and Lyft drivers must update their insurance policies about doing business with these ridesharing companies.
California Vehicle Code Section 5430 provides that these rideshare companies must have $1 million in maximum insurance for death, personal injury, and property damage in case of an emergency. The $1 million in insurance covers claims when the driver has accepted a ride request on the Uber or Lyft app until the driver completes the transaction on the app, or until the ride is complete. If the ridesharing driver caused a crash during the time between trips, Uber or Lyft are required to offer insurance but at a lower amount. In this case, the driver’s personal car insurance will also provide coverage.
Can I Sue Uber When Another Driver Was At Fault for the Collision?
If you are a passenger or a driver of a ridesharing vehicle and another driver was at fault for the incident that happened, you may bring a claim against the driver at fault. California laws indicate that motorists are required to carry insurance. Some drivers violate the law and drive without insurance. The law allows car insurance policies to be as low as $15,000 for causing injuries or even death to a person.
If the driver-at-fault does not have the financial resources, California law requires the rideshare companies to carry $1 million in uninsured or underinsured insurance. This insurance coverage applies when the passenger enters the ridesharing vehicle until the passenger exits the car.
What is uninsured and underinsured coverage for motorists? If the car driver at fault may not have insurance or too little coverage, the California law requires that the rideshare companies provide $1 million in insurance.
What Damages May I Recover In An Uber Car Accident?
The damages you may obtain for an Uber car accident are:
- Physical pain and suffering, mental anguish, physical impairment, past and future
- Medical, hospital, rehabilitation, disability and other health care expenses, past and future
- Economic losses including lost wages, salary or income, and property damage
- Punitive damages for wrongful conduct
- Wrongful death when the family decided to file a lawsuit
Will I Save Money If I Try to Deal Directly With Uber or Lyft’s Insurance Company And Settle My Case Without An Attorney?
If your case involves catastrophic injuries or even death, the answer is no. If you try to settle your claim directly with Uber or Lyft instead of talking with an injury lawyer experienced in uber accidents, you’ll be making a big mistake. Even in cases with fractures and concussions, it is best to consult with a lawyer with expertise in personal injury law to help you.
After the accident, expect a call from an insurance agent working for Uber or Lyft. You shouldn’t give any information or statement if you haven’t talked to an attorney first.
Keep in mind that it is the insurance company’s mission to limit the compensation that you will receive. It is better to have an experienced attorney litigating against Uber and Lyft than just approving what they have to offer you. The insurance company may have told you that you do not need medical attention that you have received. The insurance company will tell you that the injuries that you suffered were your responsibility.
