Determining Fault In A California Uber Or Lyft Accident
Uber and Lyft drivers must activate their apps in California to pick up passengers. Riders request a ride to their desired destination, and nearby drivers can accept or decline the request.
In any car accident, the driver found to be at fault is responsible for covering the injured party's medical bills, property damage, and other related expenses. If the at-fault driver is not the rideshare driver, then their personal liability insurance will be used to cover the damages. While it may seem complex, this process is designed to ensure that the responsible party is held accountable and the injured party is adequately compensated.
However, if the rideshare driver is at fault, the insurance coverage that applies depends on the app's status at the time of the accident.
What If The Uber Or Lyft Driver's App Is Turned Off?
Rideshare drivers use their vehicles for work, and if they cause an accident while their rideshare app is turned off, it is considered personal business. Consequently, the rideshare company is not liable for the accident, and its insurance does not apply.
The driver's insurance coverage is effective when the rideshare app is off. California law mandates that all drivers carry minimum insurance coverage as follows:
- $15,000 for bodily injury per person
- $30,000 for bodily injury per accident
- $5,000 for property damage per accident
This scenario is treated like any other accident between private individuals. Consulting a lawyer can help maximize your personal injury claim against the responsible driver if you are injured.
What If The Uber Or Lyft App Is Active, But No Ride Is Accepted?
When drivers have their rideshare app open and active but have not yet accepted a ride, they may still be driving around, which could cause an accident. In this situation, both the driver's insurance and the rideshare company's insurance would cover an injured third party.
Initially, the driver's insurance would be used for any claims. If this coverage is insufficient, Uber and Lyft provide additional insurance coverage up to:
- $50,000 for bodily injury per person
- $100,000 for bodily injury per accident
- $25,000 for property damage per accident
However, this additional coverage does not extend to the rideshare drivers themselves in California. If a rideshare driver causes an accident without accepting a ride, their own comprehensive and collision insurance will cover damage to their vehicle. They would also be responsible for their medical expenses.
What If The Uber Or Lyft Driver Has Accepted A Ride Or Has A Passenger?
When a rideshare driver accepts a ride or carries a passenger, the company's insurance covers both passengers and third parties. Uber and Lyft offer extensive coverage in these circumstances:
Uber's Insurance
- $1,000,000 in liability coverage
- At least $1,000,000 in uninsured and underinsured motorist coverage
- Collision and comprehensive coverage with a $1,000 deductible, provided the driver has collision coverage on their personal insurance policy.
Lyft's Insurance
- $1,000,000 in liability coverage
- $1,000,000 in uninsured and underinsured motorist coverage
- Collision and comprehensive coverage with a $2,500 deductible, provided the driver has collision coverage on their personal insurance policy.
In these cases, the insurance coverage is for the driver rather than the company. Passengers and third parties seeking compensation must pursue claims against the driver using the above insurance policies, not Uber or Lyft.
What to do After a Crash?
If you're involved in an accident with an Uber driver, it's crucial to follow these steps to ensure you receive fair compensation for your injuries:
Seek Medical Attention
Get medical assistance at the accident scene or a hospital. Paramedics can assess your condition and determine if further treatment is necessary. It's essential to seek help immediately, as adrenaline can mask injuries. If you don't seek medical attention, the insurance company might argue that your injuries are unrelated to the accident.
Document Medical Records
Request a copy of your medical records after being examined. This documentation is essential for proving the extent of your injuries.
Take Photographs
Capture photos of everything related to the accident, including your injuries, vehicle damage, the other car, the accident scene, and all parties involved. This visual evidence supports your claim by showing the actual impact of the accident.
Gather Eyewitness Statements
If there are eyewitnesses, record their statements and testimonies on video using your smartphone. Eyewitness accounts can be crucial in supporting your version of events.
Record Driver's Information
Collect the driver's personal details and contact information. If you were a passenger, take a screenshot of the trip details and note all relevant trip information.
File a Complaint With The Rideshare Company
Report the incident to Uber or Lyft. They may handle it internally, especially if issues such as negligent hiring could make the company liable and open additional legal avenues.
Seek Legal Counsel
Contact a qualified rideshare accident lawyer. A specialized attorney at Kaass Law can help navigate your case and ensure you receive the compensation you deserve. Our law firm can connect you with an expert attorney to assist with your case.
Proving Negligence In A Rideshare Accident
To file a claim, you need to establish the four elements of negligence that form the basis of personal injury lawsuits:
- Duty Of Care: The defendant owed you a duty of care.
- Breach Of Duty: This duty of care was breached.
- Causation: The breach caused an accident.
- Damages: The accident resulted in physical harm.
All drivers owe a duty of care to others on the road. As a passenger in an Uber, the driver is responsible for your safety and must avoid causing harm. Breaching this duty, such as driving recklessly, can lead to an accident. You cannot file a personal injury claim without an injury, but you may seek damages for lost wages and property damage. As a passenger, you typically bear no responsibility for the accident, allowing you to take action against Uber. In contrast, other drivers may face a detailed investigation to determine fault.
Hire An Experienced Attorney
Hiring a skilled attorney is crucial to ensure you are well-represented and not exploited. An attorney can help you comply with the statute of limitations for personal injury cases in California, which is two years from the date of injury or its discovery. Delaying action may result in losing the right to compensation.
Acting swiftly is essential to preserve evidence and secure witness testimony. Our lawyers will diligently manage your case and negotiate with insurance companies. They ensure your case receives the attention it deserves, alleviating the burden on you regarding time, energy, and financial resources.