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In recent years, rideshare programs like Uber and Lyft have become hugely popular. Most Californians have used a rideshare service at some point, and many will continue to use these convenient services again and again. However, what happens when an Uber or Lyft is involved in a car accident?
These services are still relatively new, and the law is not settled when it comes to personal injury claims involving rideshare services. This is why it is advisable to hire a California personal injury attorney after any Uber, Lyft, or other ridesharing accident. You may have the legal right to seek compensation for the injuries and losses you have sustained as a result of the car accident.
At Arash Law, we have experience representing clients in car accident cases and are dedicated to advocating for their rights. Call (888) 488-1391 to schedule your free initial consultation with one of our personal injury attorneys. Read our Uber rider’s guide below:
How Do Rideshare Apps – Like Uber Actually Work?
Uber and Lyft are companies that run mobile apps to connect freelance drivers with people needing rides.
On one side of the transaction, a rider in need of a car will open the app and search for drivers in the area. The app will quote a price, so the rider knows exactly what they will be charged before the ride ever occurs.
On the other side of the transaction, freelance drivers log into the app and show that they are available for pickups. They are notified when someone needs a ride and can choose to accept or decline the fare. All purchases and tips are handled in the app, so there is no exchange of money in the vehicle.
The drivers who work for these companies are considered independent contractors instead of employees. This has the potential of limiting the amount of liability that Uber or Lyft can have for negligent driving. Traditionally, an employer is legally responsible (“liable”) for all negligence committed by any employee in the scope of their employment.
This rule does not extend to independent contractors. However, as with many laws, there are exceptions to this general rule. If, for example, an employer was negligent in hiring or supervising its independent contractors, it could be liable for that negligence (though not the negligence committed by the independent contractor). In another example, an employer might be responsible if the injury victim could prove that the worker was actually an employee (even though the employer called him an independent contractor).
Fortunately for victims, Uber & Lyft carry significant third-party liability insurance that covers individuals injured by accidents caused by their drivers.
These and other exceptions are causing legal battles to occur in courts across the country. These cases are especially prevalent here in California, where Uber and Lyft are headquartered in Silicon Valley. Rideshare drivers are a new type of worker who may not fit easily into current legal definitions of “independent contractor” or “employee.”
This is a problem when these drivers cause accidents. The constant need for Uber drivers to interact with a mobile app may increase the risk of an accident. Distracted driving has long been known to cause serious traffic accidents.
What Can I Do After An Accident In An Uber?
Any auto accident can be an overwhelming experience. It may be helpful to know what you can do to protect yourself and your legal interests. Consider following these four simple steps:
- Prioritize Safety — If your vehicle is still drivable, pull off to the side of the road (or better yet, a nearby parking lot). If the vehicle is not drivable or if you were a passenger in an Uber, exit the vehicle and get out of the way of traffic. It is vital to get out of traffic so that no one involved is struck yet again by another vehicle. If someone else needs assistance, help get them out of the way of traffic (if you can do so safely).
- Call 911 — The dispatcher will be able to walk you through the next steps, so even if you are not sure what to do, there will be someone to help. The dispatcher will help you determine whether anyone on the scene needs medical care. This should always be the first priority on the scene. The exchange of information and gathering of evidence can occur later, but if an ambulance is needed, that should always come first.
- Work With Police on the Scene — If the Uber or Lyft accident occurred on a public road, the police will likely be called to respond to the crash. They will take each driver’s statement and facilitate the exchange of insurance information. Ask for information on how to obtain their police report once it is ready.
- Gather Evidence — If you have the opportunity, gather evidence from the scene. You might be able to get the phone number of a bystander who witnessed the accident. With camera phones, it is easy to take photos or videos of the accident scene. All this evidence can be useful in proving your personal injury claim. If you were in an Uber, it is also important to get the Uber driver’s details. Screenshot the vehicle info in the app or take a picture of the license plate. Take pictures of the Uber vehicle if possible.
My Uber Got Into An Accident. Can I Sue Uber?
Since Uber drivers are independent contractors, it is challenging to sue Uber directly if one of their drivers is to blame in case of an accident that caused injuries to a passenger. However, even though they are independent employees, Uber drivers may be covered under Uber’s insurance policy, which provides up to $1 million in coverage depending on the circumstances of the accident. If your Uber driver is not at fault, the other driver’s personal insurance plan comes into play first. Supposing they don’t have enough to cover possibly serious medical bills, Uber’s underinsured motorist coverage, which may provide up to $1,000,000, could apply depending on the circumstances.
Whose Insurance Will Pay For My Injuries Sustained In An Uber Accident?
The person who is proven to be at fault for causing the accident has a legal obligation to compensate all victims who were injured in it. A personal injury claim is therefore filed with the at-fault driver’s insurance company. If another driver (not the Uber driver) was at fault for the accident, it might not be necessary to deal with Uber at all. Your personal injury attorney can file a claim with the at-fault driver’s insurance company.
They can also handle negotiations, seeking fair compensation for your losses. If the insurance company is willing to make a fair settlement offer, you may be compensated, and your claim will be settled and finalized. If not, your attorney may advise you to file a lawsuit or even take your case to trial. This allows you to make your case to a jury and let them determine the fair value of your personal injury claim.
If the Uber driver was at fault for the accident, the settlement process becomes a little more complicated. Uber drivers must maintain personal policies on their vehicles. These policies cover the driver while they are not working for Uber. However, once the driver opens the app and is either waiting for a rider, en route to a pickup, or carrying a fare, Uber has insurance policies that can cover accidents. (The amount of this coverage varies depending on whether the rider was in the vehicle or the driver was simply en route.) Uber maintains insurance coverage for injuries to riders caused by their drivers’ negligence. Coverage amounts are determined by state requirements and can vary significantly across jurisdictions.
However, it is not always as simple as filing a claim with Uber’s insurance company. The insurance companies may fight over who was actually at fault for causing the Uber accident. An Uber driver might have a personal insurance policy that covers rideshare driving, and Uber might require that policy to be exhausted before it will pay. All of these coverages might be insufficient to pay for all of your damages, and you might need to file an underinsured motorist claim under your own auto insurance policy. Each additional insurer gives the others an opportunity to try to deflect blame.
After all, if someone else is at fault, they won’t have to pay. Remember that insurance companies are not in the business of protecting your legal right to full and fair compensation for your injuries. They may investigate your claim closely to raise challenges and disputes. This is why you may want to hire a personal injury attorney to deal with the insurance companies on your behalf.
If I’m Riding In An Uber – What Types Of Compensation Can I Seek After An Accident?
The law requires all drivers who have been proven to be negligent to pay for the damages they caused. These losses can include:
- Property damage to your vehicle or personal belongings.
- Medical bills
- Lost wages
- Pain and suffering
- Disfigurement (such as a scar)
- Loss of enjoyment of life (if, for example, you are no longer able to engage in a job or hobby you enjoyed before the accident).
Some of these losses are easy to quantify. For example, a body shop can provide a written report of all the damage to your vehicle and exactly how much they will charge to fix it. Medical bills provide specific dollar amounts for the medical treatment that was required as a result of the accident. When the costs are documented with receipts and itemized invoices, it is relatively easy to estimate how much you lost as a result of the accident. Other losses, however, can be far more difficult to quantify.
Pain & Suffering
It is also the most difficult to assign a value to. What dollar amount will compensate the victim for weeks of painful physical therapy? What about permanent injuries (such as nerve damage) that will never fully recover? The victim will suffer an uncertain amount of pain for the rest of their life. How do you determine the dollar amount that will compensate you for that pain? This same problem occurs when the injury victim loses the enjoyment of life. What if the victim can no longer pick up their children? What if paralysis has prevented him from walking across the stage at graduation or ever taking another dance class again? These are devastating losses. They can rob an injury victim of some of the most important moments in life. Victims have the legal right to be compensated for these losses. But what number could possibly equal the loss of important family moments? As you can imagine, the other driver’s insurance company thinks that number is a lot lower than you do. This is why it is advisable to have a personal injury attorney advocating for your claim. If the insurance company refuses to make a fair settlement offer, you can bring your case to court and allow a jury to determine the value of these intangible losses.
Lost Wages
Lost wages can be easy or difficult to calculate, depending on the complexity of your case. If you miss a couple of days of work and are able to return to your former hours and duties, it can be easy to calculate lost wages. Your employer simply provides documentation of the number of hours missed and your hourly wage. (Salaried employees can prorate their salary based on a forty-hour workweek.) Multiplying these numbers gives an exact amount of lost wages. However, complex injuries can lead to far more time lost from work, and this can make it much more difficult to calculate lost wages. What if you lose your health insurance during an extended leave of absence? A negligent driver must pay for all losses, including employment benefits. This means that any health insurance coverage, retirement contributions, or other benefits lost as a result of the car accident may also be considered in your potential personal injury award.
The calculation becomes even more difficult if the injury victim cannot maintain their former work hours or duties. This can lead to a permanent decrease in earning potential. This, too, may be a part of a personal injury award. The lost employment benefits may also be compensated. For example, imagine that an injury victim can only work part-time after an accident. Because of this, she is no longer eligible for health insurance through her employer. This lost benefit may be compensated, depending on the specific circumstances. As you can imagine, it is difficult to calculate the exact value of lost benefits. It can also be difficult to calculate the loss in the victim’s future earning potential. Will they ever be able to return to work? If so, will it be at the former level of income, or will it take time to work back up to the position held before the accident? All of these issues give the insurance company reasons to justify a lower settlement award. Our car accident lawyers can help you explore your legal options.
The True Cost Of Personal Injuries
Futurity reports that nonfatal injuries in the United States cost $1.8 trillion in 2013. This number was compiled by researchers who examined medical spending, work lost, and decreased quality of life. Car accidents caused over three million injuries in 2013, which cost Americans a total of $207 billion, with individual injury costs often being substantial. (Remember: California state law only requires drivers to carry minimum liability coverage for $30,000 per injury or death for one person. The added costs must come from somewhere.) These numbers affect society greatly. If insurance companies challenge claims or fail to extend a fair settlement, the rest of the country is left to shoulder the burden. Employers suffer financially from decreased productivity. Unpaid medical bills hurt the entire healthcare industry. The decreased quality of life prevents injury victims from working and engaging in their communities. These are very real losses that should not be ignored.
Futurity also interviewed a professor at Brown University who noted that these injuries were preventable. Safety training and education efforts are important for preventing injuries. However, when a negligent driver causes injury, it is important to hold them accountable in order to deter future bad driving behavior. Raised insurance premiums are an important deterrent to bad driving. They can also warn other drivers not to engage in bad driving behaviors. This is the same reason why states have outlawed texting and driving, driving without seatbelts, and other dangerous driving behaviors. Bad drivers will continue to engage in bad behavior unless there are consequences for their actions.
Car accident injuries have a high cost to society. More importantly, they can dramatically affect you and your family for years to come. The law says that a negligent driver must compensate you for all the losses you sustain. Unfortunately, a single insurance policy may not be enough to cover all of your losses. This is why it may be wise to work with a personal injury attorney who understands all the insurance policies that might be available to cover your losses. In the case of an Uber accident, the supplemental $1 million policy offered by the company can be an important legal avenue to pursue.
Need Someone To Help With Your Uber Accident Claims? Consult Us
As you can see, personal injury claims can become very complicated when a rideshare service is involved. Negotiating with an insurance company by yourself can add another layer of difficulty, especially if you’re trying to recover from your injuries.
You don’t have to handle the negotiations alone – consult a California personal injury attorney who can advocate for your interests. We will handle the communications with the insurance company, allowing you to focus on your recovery. Call (888) 488-1391 to schedule a free initial consultation.
We have represented clients around California, from Riverside, San Francisco, Sacramento, Woodland Hills, San Jose, and San Diego. We can meet with you at our Los Angeles office or arrange a consultation at a location convenient for you within our service area.
Arash Law operates on a contingency-fee basis, meaning plaintiffs won’t owe any attorney’s fees unless they obtain compensation through a settlement or court judgment in their case. Although we work on a contingency fee basis, clients may still need to cover certain court costs or additional expenses regardless of the outcome. Not sure if you have a case? Complete our “Do I Have A Case?” form.
