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Who’s Liable For Injuries In California Rideshare Crashes?
Who’s Liable For Injuries In California Rideshare Crashes?
As an Orange County rideshare accident attorney, I understand the moment right after an auto accident can be very difficult and painful. Most of all, people want to know who is liable for their injuries. If you have been injured in a rideshare accident, you are probably concerned with questions regarding liability, insurance coverage, and what next steps you will need to take. I’m here to walk you through generally how California law addresses these issues and what you may be able to do to protect your rights.
Liability In Uber And Lyft Collisions
The determination of liability when a rideshare accident occurs is usually complicated. Unlike common car accidents, which will have one driver at fault, an Uber and Lyft accident involves the rideshare driver, the rideshare company, other drivers, or sometimes pedestrians. Under California law, the circumstances of a crash play a significant role in who is to be held responsible.
Rideshare Drivers And Personal Liability
The California courts have classified Uber and Lyft drivers as independent contractors. Inasmuch as they provide services through them, they are not workers. This distinction plays a great role in how liability is assigned in an accident.
When a rideshare driver is on duty and involved in an accident, his personal auto insurance usually would not fully cover the damages. Here is where Uber and Lyft’s insurance policies come into play.
Insurance Coverage In Uber And Lyft Accidents
When one is using either Uber or Lyft, California requires the said companies to provide some insurance coverage in case of any accidents involving their active drivers. The extent of the coverage depends on whether the driver was logged into the rideshare app at the time of the accident and what they were doing.
Here’s how insurance coverage works when it comes to rideshare accidents:
- When the Driver Is Not Logged Into the App – Because, in this case, the driver would not actively be using the Uber or Lyft app at the time of the accident, he or she would be considered to be driving his or her own vehicle. That fact alone likely disqualifies him or her from the insurance policy that the rideshare company provides, which means any damages fall directly onto his or her personal auto insurance.
- When the Driver Is Logged In and Waiting for a Ride Request – In cases of accident, if the rideshare driver is logged into the app but hasn’t accepted the ride yet, both Uber and Lyft carry contingent liability coverage. That means, contingent on the damages being uncovered by the personal auto insurance of the driver, Uber and Lyft will kick in.
According to California law, rideshare companies must provide at least:
- $50,000 for bodily injury per person
- $100,000 for bodily injury per accident
- $30,000 for property damage per accident
This coverage is summarized under California Public Utilities Code Section 5433.
- If the Driver Has Accepted a Ride or Has a Passenger in the Vehicle – Once a driver accepts a ride and or is en route with an active passenger, both Uber and Lyft carry $1 million of liability insurance for injuries to passengers, pedestrians, or other drivers. This high level of coverage remains in effect until the passenger has reached their destination and the trip ends.
The applicable statute regarding insurance requirements for rideshare companies can be found under the California Public Utilities Code Section 5433.
Determining Fault In Rideshare Accidents
The question of fault plays a huge role in determining who is liable for injuries and damages in any other car accident in California. There is a comparative “fault-based” system in California; the party at fault is responsible for the damages. However, the question of who the at-fault party is can be quite complicated in rideshare cases, especially when several drivers or parties are involved.
Provided it was the rideshare driver’s fault in the circumstances described above, there was likely damage coverage available through Uber or Lyft’s insurance. If it was another driver who caused the accident, then their insurance company will likely be responsible for covering your injuries.
Sometimes, the fault could be apportioned between the rideshare driver and another party. Under California’s law of comparative negligence, even if you are partially at fault for the accident, you may be able to still recover compensation, although probably reduced according to your percentage of fault.
What If The At-Fault Party Doesn’t Have Insurance?
Although California law requires that all drivers carry liability insurance, there are still motorists who either do not have insurance or who do not have enough insurance. If you happen to be involved in an accident while riding with an uninsured or underinsured driver, this is still okay, and you will be protected. Uber and Lyft offer uninsured/underinsured motorist coverage, provided in such a scenario. The coverage shall ensure that, in such cases, you may still recover compensation for injuries even when the at-fault driver does not have adequate insurance.
Steps To Take After A Rideshare Accident
In the case of being involved in a rideshare accident, the following steps will protect your rights and give our clients more solid grounds for compensation:
- Call the Police – Always report the accident to the police. A police report may be crucial as evidence to determine liability when filing a claim.
- Seek Medical Attention – Your health is of the utmost importance. While you may not feel pain now, some injuries start to show later. As a result, seek immediate help from a doctor.
- Information – Document as much information as you can around the scene of what happened, including names of parties, means of contact, and insurance information. If possible, take photographs of the accident scene, vehicle damage, and any noticeable injuries.
- Report the Accident to Uber or Lyft – Both companies have a system for reporting accidents. Immediately report the incident via the app, and they can begin processing the claim.
- Contact An Attorney Today – There are multiple layers of insurance coverage, questions of liability, and much legal complexity with rideshare accidents. You should have an attorney on your side who will make sure your rights are protected and that you receive the compensation you deserve.
Potential Compensation For Injuries In Rideshare Accidents
In the case of a rideshare accident, victims can receive compensation for a number of different types of damages. The following is a list of some of the most common ones:
- Medical expenses.
- Lost wages if unable to work because of injuries.
- Pain and suffering for the physical and emotional toll from the accident.
- Property damage for any personal items that were destroyed during the crash.
- In the worst of cases, you may even be eligible to obtain punitive damages, which punish particularly egregious behavior.
Holding Uber And Lyft Accountable
Both Uber and Lyft have very broad insurance coverage for their company, but most of their policies provided by big insurance firms will try to settle claims at the least cost possible or completely deny them. Having a good rideshare accident attorney opposite is very helpful; otherwise, it would be easy to get treated unfairly during the claim process.
I am committed to holding these companies accountable and ensuring that injured passengers and drivers receive nothing less than the full compensation available under California law. Whether it be negotiation with the insurance of the rideshare company or even representing you in court, our law office will be with clients every step of the way.
Frequently Asked Questions About Liability In Uber And Lyft Accidents
In this case, when the rideshare driver was at fault in the accident, Uber or Lyft’s insurance would generally cover your injuries. Coverage is based on whether or not the driver was logged into the app and if the driver was actively transporting passengers. Once a ride is accepted, Uber and Lyft provide up to $1 million in liability coverage to cover any injuries.
The other driver’s insurance will likely be responsible for covering any injuries caused. In case the at-fault driver is uninsured, or underinsured, Uber and Lyft do have uninsured/underinsured motorist coverage which can step in to cover your injuries.
Yes, comparative negligence laws in California allow you to recover compensation even when partially causing an accident. However, your award will be reduced by the percentage showing your fault. In other words, as an example, if you are 20 percent at fault, you will likely see a 20 percent reduction in compensation.
First, take care of yourself and then seek medical attention. Then, you should report the accident to the police and gather information from all parties involved in the incident. You should also use the Uber or Lyft app to notify either company of the accident. Then, you should contact an attorney to discuss options that are available to you.
In general, you have two years starting from the date of the accident to file a personal injury claim in California. However, the sooner the case gets started, the better since evidence tends to get destroyed with time, and witnesses disappear over time.
Contact Our Orange County Rideshare Accident Lawyer To Protect Your Valuable Rights
If you or someone you love has been hurt in an Uber or Lyft, seek legal help today. At Law Office of Joseph Richards, P.C., we can help you identify who is liable for your injuries and take all reasonable steps possible to ensure the compensation our clients need. For a free consultation with an experienced Orange County rideshare accident attorney, please do not hesitate to contact us today.
We’re here to make sure your rights are taken care of, and you won’t be left picking up the pieces after some sort of accident. Contact our Orange County rideshare accident lawyer at Law Office of Joseph Richards, P.C., by calling 888-745-2974 or 888-PI-LAW-PI to receive your free consultation and begin your journey to recovery.