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Uber Crash Lawsuits in California
Ridesharing services such as Uber and Lyft are becoming increasingly popular worldwide, with a particularly strong presence in the United States. These apps connect passengers to nearby drivers, offering a convenient alternative to traditional taxis and reducing the chances of being left stranded in unsafe locations. In addition to their convenience, ridesharing services often provide a more affordable option than taxis.
Since these services are generally considered technology platforms rather than traditional taxi companies, legal claims are typically directed at the driver of the vehicle, rather than Uber or Lyft themselves.
Uber Accident Lawsuits
Filing a lawsuit against Uber does not automatically guarantee a settlement. When you pay for a ride with a ridesharing company, you’re also paying for the safety measures that come with it. This includes the company’s investment in background checks for drivers, vehicle screenings, and ensuring drivers receive proper safety training.
For instance, Uber drivers in Washington, DC must have a clean driving record, maintain the required insurance coverage, and pass a background check that includes a detailed search for felony convictions, sex offender status, and crimes involving minors.
Uber drivers are classified as independent contractors rather than employees of the company. This distinction benefits the ridesharing companies because it means they are not vicariously liable for the actions of the drivers. Typically, employers are only liable for the actions of their employees, not independent contractors. By classifying drivers as independent contractors, Uber can shift the liability directly to the driver.
How to Sue Uber?
Uber is required to maintain its own insurance policy, which has substantial coverage limits, typically around $1 million. This policy may be activated under certain conditions, covering both the company and passengers under a multi-part plan.
The type of coverage depends on the circumstances surrounding the accident. If a driver is available and ready to pick up a passenger, but no one is in the vehicle at the time of the incident, the driver’s personal insurance policy would be the primary coverage.
If a rideshare driver is involved in an accident with a third party while actively driving, Uber generally provides coverage of $50,000 for bodily injury per person, $100,000 total for bodily injury, and $25,000 for property damage.
If a driver has accepted a ride request and is on the way to pick up the passenger, but the passenger is not yet in the vehicle, the rideshare insurance policy would cover several things:
- The driver’s liability to a third party
- Comprehensive and collision coverage
- Injuries caused by an uninsured or underinsured driver
In these situations, the coverage would extend up to $1 million for bodily injury. This same coverage limit applies when the driver has a passenger in the car.
In California, rideshare drivers are only required to carry the minimum liability coverage, which is $15,000 for one person’s injuries or $30,000 for all individuals involved in an accident. This amount may not be sufficient in the case of a serious accident, which is where Uber’s underinsured motorist coverage could become important. While liability insurance is mandatory for drivers in California, some may still violate the law.
In such cases, Uber’s uninsured motorist policy may come into effect. California Vehicle Code Section 5430 mandates that all rideshare companies in California must provide $1 million in coverage.
Establishing Liability in an Uber Accident or Lyft Accident in California
Establishing liability is a crucial part of the claims process, as there are situations where the rideshare company may be held accountable, even though the driver is classified as an independent contractor.
In certain cases, Uber may be the only party held liable for the accident.
To determine liability, your attorney will need to examine several key factors, including:
- Eyewitness statements from those who saw the accident
- Police reports filed at the scene of the accident
- Driving records for all parties involved
- The amount of time the Uber or Lyft driver spent behind the wheel during the incident
A thorough investigation is essential in ridesharing accidents to ensure your case is as strong as possible. In more straightforward cases, it might be as simple as filing a claim with the Uber or Lyft driver’s insurance carrier and allowing the insurer to handle the dispute with the rideshare company directly.
What matters most is that you should not be responsible for paying the claim if you were not the negligent party. We are here to assist you through the claims process and help you secure the compensation you deserve. Contact one of our experienced Uber and Lyft accident attorneys today to get started.
What Type of Damages are Recoverable in an Uber or Lyft Accident?
Under California law, you are entitled to compensation for various damages resulting from a car accident. This includes reimbursement for the following:
- Medical Expenses: This covers both current and future medical costs, hospital bills, rehabilitation expenses, temporary disability, and any other medical-related charges.
- Lost Earnings: Compensation for the income or wages lost due to the accident, which also includes potential future loss of earnings if the accident causes long-term disability or permanent diminished earning capacity.
- Pain and Suffering: This compensation addresses the physical pain, emotional distress, mental anguish, and impairment caused by the accident.
- Punitive Damages: In some cases, punitive damages may be awarded if the conduct of the responsible party was deemed particularly egregious.
- Wrongful Death: If a loved one passed away as a result of the accident, surviving family members may have grounds to file a wrongful death lawsuit.
Should I Retain an Uber Accident Lawyer?
If you’re considering whether to hire a California Uber accident attorney, the answer is typically yes, especially for cases involving serious injuries or fatalities. Handling your case on your own may not save you money and can be challenging, particularly when dealing with complex legal matters.
After the accident, you’ll likely be contacted by an insurance representative from Uber or Lyft, depending on which company is involved. It is strongly advised that you refrain from giving any written or recorded statements to the rideshare company’s adjuster or attorney without consulting your own attorney first. The insurer will be looking for any information that could help them deny liability or reduce the payout.
While not guaranteed, attempting to negotiate your case alone could result in receiving less compensation. At the Levinson Law Group, our attorneys specialize in handling lawsuits against Uber and Lyft. The insurance company’s goal is to minimize the amount they pay out, and they may try to downplay the necessity of your treatment or claim that your case is worth less than you believe. They might even argue that you don’t need future medical care, physical therapy, surgery, or other treatments.
Having an experienced Uber and Lyft attorney on your side can protect your rights and help ensure you receive the full compensation you deserve.
In addition to San Diego, we also have Uber accident lawyers in Carlsbad and Lyft accident lawyers in Carlsbad.
Why Hire the Levinson Law Group?
When you hire the Levinson Law Group, you will have an experienced attorney dedicated to fighting for the compensation you deserve. Our lawyers have extensive experience representing clients in accidents involving Uber and Lyft drivers.
We conduct thorough investigations into all claims and have access to top experts who can help establish liability and confirm that your treatment was both reasonable and necessary.
With years of courtroom experience, we are fully prepared to take your case to trial if needed. Plus, we work on a contingency fee basis, meaning we only receive a fee if you win your case.
We do not charge clients for time spent working on their case.
If you’ve been involved in an accident with an Uber or Lyft driver, don’t hesitate to contact us online or call our office at 760-827-1700 today to schedule your free consultation.
