California Uber and Lyft Accident Attorneys

Ridesharing is an increasingly common way of getting around, thanks to advances in technology, smartphones, and mobile applications. Uber and Lyft are among the most popular ridesharing companies, with convenience and affordability at the forefront of what they have to offer. However, like any mode of ridesharing or public transportation, when you accept that ride, you are putting your safety—and possibly your life—in the hands of the driver.What do you do if you are involved in an auto accident while riding in an Uber or Lyft vehicle? What if you are involved in an accident as a rideshare driver? Will your insurance cover the cost of medical care for your injuries and repairs to your vehicle?Contact Century Park Law Group Call us at (866) 675-0701 to learn more about how we can help build a strategy for getting you the compensation that you need to recover from your injuries, make up for lost wages and pain and suffering, and get back to your life.
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The Risks of Using Rideshare Services
Remember that both sides of the rideshare equation will need to be considered: the driver’s and the passenger’s.
As a Driver
Uber and Lyft drivers take a big risk with their personal safety and liability. They put themselves at risk physically whenever they pick up a fare and open their vehicles to people that they do not know. There is no pre-screening process for passengers and drivers may not feel comfortable with every passenger who gets into their cars. Each fare also leaves them vulnerable to a lawsuit. Drivers are not classified as employees of rideshare companies, so if a customer decides to file a lawsuit for any reason, the driver may be held personally liable.
As a Passenger
Rideshare riders face the same safety risks that drivers do. Although Uber and Lyft perform background checks on their drivers, it is generally unclear what, specifically is being checked and how thorough those background checks are. When something goes wrong, Lyft and Uber may deny any responsibility to passengers. They claim that because their drivers are not classified as employees, they are responsible for their own actions.
Uber and Lyft drivers are technically classified as independent contractors who are responsible for their own vehicles and acts of negligence. But because drivers’ personal coverage becomes invalid when working for hire, rideshare companies provide insurance coverage for vehicles during the specific times that they have been hired by a passenger.
Which insurance company is insuring the vehicle at any given time is dependent on which period the rideshare app is in at the time of the accident.
The Uber/Lyft Rideshare Periods
- Peridod 0:
- Status – Offline
- Insurance Coverage – Driver’s Personal Policy
- Peridod 1:
- Status – Online without ride request
- Insurance Coverage – Rideshare Insurance + Lyft/Uber Liability-Only Policy
- Peridod 2:
- Status – Online with ride request, en route to rider
- Insurance Coverage – Lyft/Uber Policy
- Peridod 3:
- Status – Online with ride request, en route to rider
- Insurance Coverage – Lyft/Uber Policy
It’s important to note that during Period 1, drivers who have not purchased a commercial insurance policy or additional rideshare insurance:
- will ONLY have liability coverage.
- will be responsible for the costs of any repairs for their vehicles.
Also, during Periods 2 and 3, although Lyft and Uber’s policies offer comprehensive and collision coverage (if the driver’s own policy has these features) in addition to liability coverage, the deductible is high: $1,000 for Uber and $2,500 for Lyft.
As with any other type of accident, the insurance companies will conduct investigations to determine who was at fault, based on the conditions of the accident. Ridesharing accidents are more complicated than other motor vehicle accidents, due to the number of parties and insurance companies involved. These parties may include:
- two or more drivers
- the rideshare company
- passengers of the ridesharing vehicle
Multiple insurance companies may also be involved including:
- the rideshare driver’s personal insurance company
- the rideshare driver’s rideshare insurance company
- the rideshare company’s insurance
- the personal or commercial insurance for the driver of the other vehicle(s)
With so many companies involved, the process of determining liability is usually much more complicated, as each company tries to prove that it is not the one responsible for payment. Drivers who are involved in accidents while waiting for a passenger request will have liability coverage, but they will be responsible for their own medical costs and the cost of repairs to their own vehicles unless they purchase separate rideshare insurance.
Insurance companies may also join together to offer a lower-than-expected settlement amount.
Uber and Lyft classify their drivers as independent contractors instead of employees, saving the company a huge expense by avoiding responsibility for drivers’ actions and depriving drivers of benefits and protections that they would otherwise be entitled to. These benefits include:
- the right to earn minimum wage and other wage laws governing overtime, meal breaks, and the ability to receive reimbursement for business expenses
- the right to be free from discrimination and harassment in the workplace and other anti-discrimination protection
- state and federal tax withholdings
- workers’ compensation benefits
- unemployment benefits
In 2018, California implemented a new test to prove whether a worker should be classified as an employee or as an independent contractor.
In order to qualify as an independent contractor, a company must prove:
- The worker is free from the control and direction of the company in connection with performing the work, both in reality and under the terms of the relevant contract.
- The worker performs work that is outside the usual course of the company’s business.
- The worker is customarily engaged in an independently established trade, occupation, or business of the same nature as the work being performed for the company.
Uber has so far been able to get around the requirement that its drivers perform work outside of the usual scope of the company’s business by claiming that the company’s main business is providing a technology platform to drivers, not providing transportation to passengers. Moving forward, the burden of proof will lie with Uber as the grace period until rideshare companies must comply with these new requirements draws to a close.
Being involved in a rideshare accident can be very complicated. In addition to having to deal with several different insurance companies, Uber itself looks out for its own best interests, taking a distant stance and disclaiming any responsibility for repairs and medical costs.
Having a personal injury attorney experienced in rideshare accidents can help in situations such as:
- If you are involved in an accident where an uninsured or underinsured driver was at fault, you may be required to pay for your own medical bills if Uber decides that its contingency clause does not apply to your claim.
- If you are involved in an accident with an Uber driver who does not have any passengers, did not purchase rideshare insurance, and was determined to be at fault, Uber may decide that it is not responsible for any injuries or damages incurred.
- If you are involved in an accident with an Uber driver who was transporting a passenger at the time of the accident, you may be forced to deal with three different insurance companies. This may leave you with having to negotiate three separate settlements with three separate insurance adjusters, or they may work together to minimize your payout.
Without having a personal injury attorney experienced in rideshare accidents, you are at the mercy of the insurance companies and have very little chance of getting enough compensation to cover your needs.
At Century Park Law Firm, we have extensive experience with Uber and Lyft accidents. We have strategies to handle the maneuvering of the insurance agencies and negotiate a settlement to get you the compensation that you need in order to:
- Have your medical bills paid.
- Get your vehicle repaired or replaced.
- Plan for future medical costs resulting from your injury.
- Help offset lost wages.
- Receive compensation for pain and suffering.
If you were involved in an accident with a rideshare driver, or if you are a rideshare driver who was involved in an accident while performing rideshare duties, call (866) 675-0701 to speak with Century Park Law Firm today.
We can help get you the highest compensation possible so that you can recover from your injuries and get back to living your life.