California Rideshare Accident Lawyers
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Our California Rideshare Accident Lawyers Help Injured Victims Protect Their Rights
Ridesharing services have quickly taken over the transportation industry. They are a convenient and affordable way for many Californians to get around. Unfortunately, like any other form of transportation, using Uber and Lyft can result in serious injuries. Fortunately, people hurt in ridesharing accidents can pursue compensation for their losses. In these incidents, it is helpful to consult skilled California rideshare accident lawyers about your legal rights.
Our personal injury lawyers assist clients from San Francisco, Riverside, San Jose, San Diego, Sacramento, Sherman Oaks, and the rest of California. Call (888) 488-1391 to schedule your free initial consultation with an experienced accident lawyer from our personal injury firm.
Here are some of the most frequently asked questions our attorneys get about rideshare accidents:
When Should I Contact A California Uber Car Accident Attorney?
Contact an experienced personal injury lawyer as soon as possible after an accident. Of course, this does not mean immediately. You may first need to go to the emergency department by ambulance. Even if you choose not to leave the scene of the accident in an ambulance, you will likely want to be checked out by a doctor as soon as possible. Visit an urgent care facility, emergency room, or primary care doctor right away. Follow all recommendations for medical testing and treatment. Once you address your medical needs, take care of your legal needs.
While you may not be able to contact an attorney immediately, reaching out as soon as you can may help. An accident can affect your rights, and even small comments you make at the scene might be used against you later. Speaking with a lawyer early can give you guidance and insight into your situation.
After an accident, the other driver’s insurance company may contact you for a statement. They might try to interpret your words in a way that downplays your injuries, so it’s important to be cautious when speaking with them. What you say could be compared to later accounts of the accident. To avoid confusion, it’s advisable to talk with a lawyer first about the details of your accident. As soon as you notify the insurance company that you have a lawyer, they are not allowed to directly contact you about the accident. From that point forward, your attorney can handle communications with them on your behalf.
What Steps Should I Take After An Accident Involving A Lyft Or Uber In California?
Your priority after an accident should be getting everyone to safety. If the vehicles are still drivable, you should move to the side of the road. If they are not, everyone should get out of the vehicles and out of the way of traffic. Collisions often cause secondary accidents by drivers who aren’t paying attention. It is vital to get yourself out of harm’s way and avoid sustaining further injuries.
You should call 911 as soon as you get to safety. The dispatcher will help you determine whether ambulances or just law enforcement are needed at the scene. When the police respond, they will take your statement about what happened. They will also facilitate the exchange of insurance information. If you have the chance, ask how you can obtain a copy of the police report. (This is usually available one or two days after the accident, once it has been finalized and approved by a supervisor.) If the other driver tries to leave the scene of the accident before the police arrive, be sure to get the vehicle’s license plate.
If you have the chance, take photos of the vehicles and the accident scene. Capture any damage to the vehicles. You can also get the names and phone numbers of any witnesses who saw what happened.
If you are a passenger on Uber or Lyft, the app will likely provide ride data, including your driver’s name and vehicle information. Screenshot this information so you have it for later. There is also an option in the app to report the accident. If you will be consulting with a lawyer soon, it might be helpful to wait and get legal advice before reporting the accident.
Settlement in an Under Insured Motorist Claim against ride share company; client suffered spinal injuries.– Judd Ross Allen
Who Is Responsible For Compensating My Losses After A Rideshare Accident In California?
The negligent person who causes an accident may have a legal obligation to compensate the victims. For this reason, insurance companies investigate to determine who was at fault. In cases where more than one driver is found at fault, California law apportions liability between two or more drivers.
Companies can also be at fault for causing car accidents. Auto manufacturers, for example, have an obligation to prevent defects in both the design and manufacture of their products. If they fail to do so, they are liable for all the damage that occurs as a result of the defect. This is why car companies will pay for expensive recalls. The recalls are often far less costly than compensating accident victims.
Rideshare companies like Uber and Lyft can also be held liable for accidents involving their drivers, which is why they carry substantial commercial insurance policies with high coverage limits. These supplemental liability policies can cover injury victims for up to $1 million in damages under these supplemental liability policies. The commercial policy issued by Uber or Lyft supplements the driver’s own personal insurance policy. If the driver has no insurance, or that policy limit is met, the commercial rideshare policy will supplement liability coverage (for up to $1 million).
What Happens If The Rideshare Company’s Insurance Denies The Claim?
Uber and Lyft are big companies with a lot of assets to protect. They have many lawyers protecting their interests, and their large insurance companies also hire teams of attorneys. This can make it challenging to get a claim accepted or negotiate a fair settlement offer from the commercial insurer.
First, it is crucial to understand how this supplemental insurance works. The level of coverage depends on the driver’s status at the time the accident occurred:
If the driver is offline in the ridesharing app, the rideshare company treats them as off duty. Their personal auto insurer must handle any accident claims that arise while the driver is not working for Uber. No supplemental liability coverage is available.
If an accident occurs while the driver is logged into the app and awaiting a fare, supplemental liability coverage is available. The driver’s personal insurer must handle the claim first. If the policy limits are met, the supplemental insurance policy will cover up to $50,000 per person and $100,000 per accident. There is also $25,000 of coverage for property damage to third parties. (The rideshare driver and their vehicle are not covered under the commercial policy.)
Once the driver is en route to pick up a customer, $1 million in liability coverage is available. This coverage applies once the driver picks up the customer and throughout the ride. Again, the driver’s personal auto insurance policy must be used first. Once these limits are met, injury victims can be supplemented by up to $1 million in coverage under the commercial rideshare policy.
Sometimes, the commercial insurance carrier will deny coverage based on the driver’s status. Other times, the insurer might claim that you were partly or wholly at fault for the accident. In these circumstances, you may need a skilled personal injury lawyer who can prove that your claim should be accepted.
These can be legal issues at times. In other cases, it is a logistical challenge to establish what exactly happened in the accident. Your lawyer will know the process of filing your claim. Sometimes, the insurer will accept the claim but make an unfair settlement offer.
Here, too, you need a skilled personal injury lawyer working with you. An experienced attorney can advocate for just compensation by presenting gathered evidence that substantiates the value of your claim. A lawyer will also have experience dealing with insurance companies and going up the chain of command when necessary. Finally, an attorney can determine when it makes sense to stop negotiating and file a lawsuit on your behalf. This step gives you the opportunity to present your case to a jury and seek potential compensation for your injuries.
What If The Insurance Limits Are Not Enough?
Unfortunately, sometimes drivers simply do not have enough insurance to compensate their victims fairly. The State of California has enacted minimum insurance coverage rules to combat this problem. Some drivers, however, still choose to drive without insurance. In other cases, the driver carries the minimum legal coverage, which may not be enough to compensate for the most severe injuries.
The California Department of Insurance increased the minimum limits for auto liability insurance from 15/30/5 to 30/60/15 on January 1, 2025 ($30,000 per person, $60,000 per accident for injuries or deaths, and $15,000 for property damage). Drivers are advised to carry higher limits or add uninsured/underinsured motorist coverage because, even though this doubles the required coverage, it might not be sufficient to cover all medical expenses in serious accidents.
This is why the supplemental insurance carried by Uber and Lyft is so important. Many personal injury cases are worth far more than $15,000. With the supplemental policy, you can pursue the remainder of what you may be entitled to recover. An experienced rideshare accident attorney can help you access this coverage by filing a claim, proving your eligibility, and negotiating fair compensation under California law.
There might also be other supplemental policies that are available. For example, many drivers carry uninsured and underinsured motorist coverage on their own policies. If another driver hits you and either doesn’t have insurance or doesn’t have enough insurance, this UM/UIM coverage can compensate you for the difference. Working with an attorney can help you identify potential sources of compensation for your injuries.
What Damages Can I Pursue In A Car Accident Suit In California?
Every car accident case is unique, so the compensation available depends on the specific facts of your situation. Insurance companies often use quick formulas, such as adding up medical bills and applying a multiplier for pain and suffering, to calculate a settlement. While this may be convenient for them, it doesn’t always reflect the full impact an accident has on your life. Your actual recovery may involve different types of damages, and the law allows for consideration of the losses you may have experienced rather than relying on a ‘one-size-fits-all’ approach.
It is helpful to understand the different losses you have suffered and how each is valued individually. Here are some of the most common losses auto accident victims will experience:
Accident victims may end up missing some work after a car crash. If your injuries are minor, you might need a day or two to rest. You might also have ongoing appointments with your doctor, physical therapist, or other medical providers. A negligent party may have to compensate you for all the time you lost at the office because this lost time translates to lost wages.
You can calculate your lost wages by multiplying your hourly rate by the number of hours you missed from work. (If you are a salaried employee, you can compute your hourly rate by dividing your salary by a forty-hour workweek.) When injuries are more severe, however, a victim will likely miss far more time at work. Some injuries even permanently affect a victim’s ability to go to work and earn wages. An accident victim might have to return to work in a part-time position or with physical restrictions (such as no standing or lifting).
Some victims are never able to return to work again. In these cases, lost wages can be far more complicated to calculate. The goal is to find the difference between the victim’s wages before the accident and the victim’s wages after the accident. For example, if a victim made $50,000 per year before the accident but can now work only part-time and make $30,000 per year, then her lost wages would be $20,000 per year. If her doctors state that she will never be able to work full-time again, then the defendant is obligated to compensate $20,000 per year for each year until her retirement.
This calculation requires economists and other expert witnesses to project the expected retirement age, inflation, and other complicated mathematical factors. In addition to lost wages, a negligent defendant must also compensate the victim for lost benefits if proven liable. The compensation can include health insurance, retirement contributions, bonuses, and other benefits of employment that the victim can no longer access. Some of these benefits are difficult to prove. If, for example, a bonus is discretionary, it will be almost impossible to confirm the amount the employee would have gotten if they were able to work.
On the other hand, a salesperson might have a commission ready to go when the accident happens. If this commission does not go through, it will be easy to show the exact value the victim would have received had they been able to work. It is advisable to work with experienced rideshare accident lawyers who know how to handle these complicated lost wage issues.
Medical bills are often the simplest calculation to make in a personal injury settlement. Sometimes an insurance company will question the amount of treatment you receive, but if you have good documentation from licensed medical providers, this is not generally a problem. Be sure to follow all treatment recommendations from your medical providers. In cases where you will need medical attention or care well into the future, however, the calculations become much more complicated.
Pain and suffering are usually the largest component of a personal injury award. Insurance companies like to make offers based on a simple calculation of the number of your medical bills, but this method is often inadequate. Each of us experiences pain differently. Defendants may be responsible for compensating for all of your pain, even if it is greater than that of another person in the same circumstances.
For example, a woman with a high-risk pregnancy might not be able to take prescription pain medications after an auto accident. She might also be unable to receive chiropractic services that would reduce her pain. In this case, the law may allow her to seek additional compensation for the increased pain and suffering. It is important to work with a skilled personal injury lawyer who knows how to prove your specific pain and suffering to pursue just compensation.
Talk To Our Dedicated California Rideshare Accident Lawyers
If you or a loved one has been injured in an accident involving a rideshare vehicle, consulting with an experienced lawyer can help you navigate the legal process and explore your options for compensation. The experienced rideshare accident attorneys at Arash Law, led by Arash Khorsand, Esq., have years of experience helping injury victims in California. Our team is committed to pursuing the compensation you may be entitled to under California law.
We know how existing personal injury laws apply to new technologies like Uber and Lyft. We can handle your personal injury claim so that you can focus on getting better. Our trial attorneys have the resources and experience to handle complex cases and negotiate with insurance companies on your behalf. You reach us at (888) 488-1391 or contact us online to schedule your free initial consultation. Case reviews are always confidential and come with no obligations.
