Uber/Lyft

Taking on the Big Rideshare Companies

Home

Uber/Lyft

PRACTICE AREAS

Motor Vehicle Accident

$1,300,000
Our client stopped at the stop sign and was hit by another vehicle causing brain injuries

Free Case Evaluation

Contact Us now

Uber and Lyft Accidents

Taking on the Big Rideshare Companies

With the rise of Uber, Lyft, and other rideshare apps over the past decade, all sorts of new legal questions have been raised.

When we deal with most other types of auto accident cases, the procedures are fairly straightforward. Uber and Lyft cases, however, have a lot of legal murkiness. And although the procedures for rideshare accident cases are stronger than they were ten years ago, or even five years ago, there is still much that is uncertain.

That is why, if you have gotten in an Uber or Lyft accident, you will need to have the highest possible caliber of legal representation. This is what we provide to our clients.

How Uber and Lyft Accidents Work

There are three different parties who can be injured in an Uber or Lyft accident:

The rideshare driver.
The rideshare passenger.
A third party.

So let’s go through each of these:

Scenario 1: If You Were a Rideshare Driver

We recognize that rideshare drivers have it tough. You are often driving long hours in all sorts of unfamiliar areas.

Rideshare drivers get in accidents fairly often, and it’s not a reflection on you, but it does throw your whole world – and your ability to provide for yourself and your family – into chaos.

Uber and Lyft provide you with insurance, and on the surface, their insurance policies are pretty generous… but these policies have serious limitations, and you should be aware of these.

First of all, if you are driving by yourself, and the rideshare app is off, you will not be eligible for rideshare insurance. This is simple enough: you cannot use Uber or Lyft’s insurance policies if you are not driving for Uber or Lyft.

Remember, this doesn’t mean that we can’t provide you with legal representation if you need it! It just means that the rideshare app won’t be involved. Instead, all the regular rules of an auto accident will apply.

Once your app is actually on, there are three different periods:

In Period 1, the app is on but you have not yet accepted a ride request. During this time, you will have liability insurance, but this will be limited to $50,000 in bodily injury coverage per person, $100,000 in bodily injury coverage for the entire accident, and $25,000 in property damage coverage.
In Period 2, you have accepted a ride and are on your way to pick them up, and in Period 3, you have the rider in your car. In both of these periods, you will be entitled to Uber and Lyft’s full $1 million bodily injury coverage, as well as $1 million in uninsured/underinsured motorist coverage and collision/comprehensive coverage (albeit with a deductible).

In essence, you will have some degree of coverage whenever the app is on, but there is a gap in Period 1, and we recommend filling this gap with supplemental coverage, if possible.

Whichever period you were in, we will fight for you to recover the maximum possible damages.

Scenario 2: If You Were a Rideshare Passenger.

When you get in an Uber or Lyft, you have the right to be transported safely. But this doesn’t always happen.

The good (legal) news is that if you were riding in an Uber or Lyft at the time of the accident, as opposed to driving, then you should always be able to recover damages for your injuries.

You don’t have the same concern about gaps in coverage that a driver would. By definition, your injuries occurred in Period 3: you were already in the vehicle, headed to your destination.

So here’s how things work:

If the Uber or Lyft driver was at fault, and if their personal insurance is exhausted, then Uber and Lyft should cover your bodily injuries (and any property damage) with their $1 million insurance policy.

If the third-party driver who hit you was at fault, then we will have to recover from their auto insurance, just as we would in any other car accident where you were injured as a passenger.

Now, the other driver might not have enough money to pay you for the costs of your injuries. And if this is the case, we may still be able to recover the excess damages from Uber or Lyft’s $1 million policy.

The insurance providers may try to deny your claim. If they cannot deny it, then they may try to diminish it as much as possible, arguing that your injuries were less severe than they actually were. As your attorneys we will fight against these tactics and work hard to win you all the damages you deserve.

Scenario 3: If You Were a Third Party

If you were a driver, pedestrian, bicyclist, or other road user who was hit by an at-fault Uber or Lyft vehicle, then our best bet is usually to file a claim with Uber or Lyft.

Going after the driver’s personal insurance is not usually a very good bet, since most insurance companies do not cover drivers while they are using their vehicles for rideshare use (unless the driver has purchased supplemental coverage).

However, if you were injured by an Uber or Lyft driver, you have every right to recover damages from the company’s insurance policies. Remember, this comes out to:

$1 million if the driver was heading to pick up a rider or already transporting them (Period 2 and 3).
$50,000/$100,000/$25,000 if the driver had the app on but had not accepted a ride (Period 1).

Although you have a right to recover damages, in practice, Uber and Lyft – like most insurance providers – will try to fight you on your claim. Their incentive is to pay you as little as possible.

As your attorneys, we will take on these big insurance companies and fight for you to recover the maximum possible damages.

What to Do After an Uber or Lyft Accident

If you have been injured in a rideshare accident, then your first priority is your own safety and that of those around you. If you or anyone else was injured, then call 911 immediately. This applies even if the injuries seem minor: some accident injuries are much more severe than they seem at first glance, or they may have delayed symptoms.

You should also:

Get the contact information of all people involved: the Uber driver, a third-party driver, all passengers, and any other witnesses.
Be careful with your words. Do not admit fault or downplay your injuries.
Take pictures of the accident scene, including the cars themselves and the road conditions, as well as your injuries.

These steps are important for collecting evidence. Remember, every personal injury case relies on evidence. The stronger the evidence you can provide us is, the better we can fight for you.

In collecting evidence, there is at least one step that applies specifically to Uber and Lyft cases, and more specifically to drivers.

If you were a driver in Period 2 when the accident happened, then the Uber or Lyft insurance provider may try to say that you were in Period 1. Remember, if you were in Period 1, your insurance coverage is FAR less than in Period 2 – $100,000 (at most) versus $1 million.

That is why immediately after an accident, you should take a screenshot of your phone, particularly if you were in Period 2, to prove that you had, in fact, accepted a ride and were on your way to pick up the passenger. You should take a screenshot no matter what, but this is especially important in Period 2.

If you haven’t taken those steps, then don’t sweat. Accident scenes are chaotic and plenty of people forget. You can still, in many cases, collect a lot of evidence after an accident, and most of this involves documentation of your injuries and the way they affected your life. Paperwork is your best friend at this stage!

What If an Uber or Lyft Driver Assaulted Me?

Although the vast majority of Uber and Lyft drivers are good and decent people, there have been cases where drivers have assaulted their passengers. If this is the case, then we can help you recover damages, just as we would in an accident case.

Multiple parties can be held legally liable for an assault. The first and most direct party will be the assailant themselves, but they may not have enough to cover the costs of your injuries.

In that case, we can often hold Uber and Lyft responsible for the incident. Big rideshare companies have a legal duty to hire drivers responsibly, and if they fail to do this, they can be held accountable.

Accidents Involving Other Rideshare Apps

So far, we’ve been speaking primarily about the two big rideshare apps: Uber and Lyft. But there are a number of other rideshare apps, including HopSkipDrive, Waze, Zimride, and more.

There are all sorts of complexities with these apps. Some operate only in certain localities, some cater to specialized markets, and some use traditional taxis or limos rather than independent rideshare drivers.

Many of these apps offer similar protection to Uber and Lyft insurance, but your mileage may vary. So if you have been in an accident involving one of these rideshare drivers, it is probably best to get more personalized legal advice.

Whatever your circumstances, we invite you to call us TODAY for a free consultation. If you are in doubt about whether you have a case, we can help talk you through things and figure out what your options are. If your case is actionable, then we will take it and fight for you to the end. We are not shy about aggressively holding Uber and Lyft responsible. They will be fine. It’s your well-being that matters.

find out if you have a case

Helpful Information

The Personal Injury process can be confusing. To answer the many questions regarding accidents and the injuries they produce, we put together the most frequently asked accident questions along with helpful guides to accompany them. Whether it be questions on cost, medical expenses and treatments or specifics in what to do ( or not do), we have you covered.

Coordinates of this location not found

find the best medical providers

Having high quality care to get our clients recover is our main priority. That is why we focus on sending our clients only to the best physicians after being involved in an accident.

Chiropractic

Family Doctors

General Practitioners

Neurologist

Spinal Surgeons

Cardiologist

Orthopedics

Pain Management

MRI

Optometrist

Pediatrics