What Happens if I am in an Uber or Lyft Accident?

Ridesharing has revolutionized transportation, offering convenience but posing unique challenges if you’re involved in an accident.

If you were in an Uber or Lyft accident in San Francisco, it’s essential to understand your rights, responsibilities, and the steps to take to protect yourself legally and financially. Working with LMS Law’s auto accident attorneys, who specialize in Uber and Lyft accidents, can help you maneuver the legal process to your advantage.

• Understanding Liability in Uber and Lyft Accidents
• Insurance Coverage in Uber and Lyft Accidents
• Steps to Take Immediately After an Uber or Lyft Accident
• What Compensation Can I Receive From Filing a Claim After an Accident?
• Why You Need a Personal Injury Attorney After an Accident

Understanding Liability in Uber and Lyft Accidents

Determining liability can be complex when an accident involving a ridesharing vehicle in California occurs. Several parties can potentially be held responsible:

• Rideshare Driver: If the accident was caused by the rideshare driver’s negligence, such as through speeding or running a red light, the rideshare driver may be held liable.
• Another Driver: If another vehicle caused the accident, the driver of that vehicle would be liable.
• Uber or Lyft: The rideshare companies may bear responsibility if the accident was caused by issues related to their operations, such as inadequate driver screening or faulty app functionality.

Insurance Coverage in Uber and Lyft Accidents

Rideshare drivers are required to have personal auto insurance. Uber and Lyft provide insurance coverage for their drivers, but the coverage varies depending on the driver’s status at the time of the accident. Coverage may or may not include: Bodily injury liability, collision coverage, property damage liability, comprehensive coverage, and underinsured/uninsured motorist coverage. Here are some other situations where insurance coverage should be thoroughly understood: 

• The driver is offline or the app is off. Only the driver’s personal insurance would apply.
• The driver is online and waiting for a ride request. Uber and Lyft provide third-party liability coverage for accidents caused by their drivers during this period.
• The driver has accepted a ride request and/or is transporting passengers. Both Uber and Lyft provide the highest level of coverage during this period, including liability coverage, uninsured/underinsured motorist coverage, and contingent comprehensive/collision coverage.

Steps to Take Immediately After an Uber or Lyft Accident

Your safety and well-being should be your top priority after an accident. Here are the crucial steps to take if involved in an Uber or Lyft accident:

1. Ensure Safety: Check yourself and others for injuries. If anyone is injured, call 911 immediately.
2. Contact Authorities: If necessary, call 911 to report the accident and request police assistance. Obtain a copy of the police report for your records.
3. Document the Scene: If possible, take photos of the accident scene, including vehicle damage, road conditions, and any visible injuries.
4. Exchange Information: Obtain the rideshare driver’s name, contact information, and insurance details. Also, collect any witness statements and witness contact information.
5. Report to Uber or Lyft: Both Uber and Lyft have protocols for reporting accidents. Contact them through their app or website to initiate the claims process. Provide details about the incident, including location, time, and parties involved.
6. Seek Medical Attention: Even if you feel fine, seeking medical evaluation is crucial as some injuries may not be immediately apparent.
7. Seek Legal Guidance: Retain LMS Law’s personal injury attorneys who specialize in rideshare accidents and can assess your case, explain your rights, and guide you through the claims process.

What Compensation Can I Receive From Filing a Claim After an Uber or Lyft Accident?

According to California law, individuals injured in accidents have the right to receive compensatory damages for their injuries. In exceptional cases, they may also be awarded punitive damages if the defendant caused harm intentionally or displayed severe recklessness.

California differs from other states in that it does not impose a cap on a victim’s compensation in a personal injury case. It’s important to note that California operates under a comparative fault system. If a jury finds that you bear some responsibility for your rideshare accident, they will deduct the percentage of fault they assign to you from the compensation awarded. Nonetheless, being partly at fault does not prevent you from pursuing a personal injury claim.

You can receive two types of compensation if you file a claim with an insurance company after an Uber or Lyft accident – economic or non-economic damages. Here’s the difference: 

• Economic damages aim to reimburse victims for their injury-related out-of-pocket expenses. These expenses are usually straightforward to calculate, and compensation may cover medical bills, property damage, lost income, loss of earning capacity, and more.
• Non-economic damages are challenging to quantify and encompass subjective losses or injuries. These can include (but are not limited to) pain and suffering, emotional distress and trauma, losses related to disability or physical impairment, losses related to permanent disfigurement, and loss of enjoyment of life. 

Why You Need a Personal Injury Attorney After an Uber or Lyft Accident

Navigating the aftermath of an Uber or Lyft accident can be overwhelming, especially when dealing with insurance companies and legal complexities. A knowledgeable personal injury attorney can assess the circumstances of the accident and determine liability, negotiate with insurance companies to ensure you receive fair compensation, and file a lawsuit on your behalf and represent you in court.

In California, the statute of limitations to file a claim is two years from the date of your rideshare accident. If a government vehicle is involved, the statute of limitations is only six months.

Being involved in an Uber or Lyft accident in San Francisco can have serious consequences, but understanding your rights and taking prompt action can help protect your interests. From documenting the scene to seeking legal representation, each step taken is crucial in ensuring you receive the compensation you deserve. 

By staying informed and proactive, you can mitigate the challenges posed by an Uber or Lyft accident and focus on your recovery with peace of mind. Call LMS Law today at (415) 400–7000 or reach out online to arrange this free consultation. If you are unable to come to us, we will meet you at your home or in the hospital.