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.