Rideshare services like LYFT and Uber have been gaining popularity over the past several years. The convenience of rideshare apps have added to their increased usage.
But what happens when a LYFT or Uber driver is in an accident? What are the legal implications of a collision involving a rideshare vehicle? If you are hurt in a rideshare accident, can you seek compensation? Read on to find out.
If you have been injured in a traffic accident involving a rideshare vehicle, you should be aware of your rights. You may be owed compensation for the costs of your injuries. Speaking with an accomplished personal injury attorney will give you the best chances of securing the financial recovery that you are due.
When the Rideshare Driver is At Fault
An accident caused by a LYFT or Uber driver is similar to any other collision involving a commercial vehicle. You will need to pursue financial recovery from the company, not from the driver. This is because the driver’s personal insurance will not cover accidents that happen while they are working.
Rideshare drivers do not enjoy the benefits of being full employees. They are considered to be independent contractors. Still, rideshare companies are legally responsible for any accidents caused by people who are working for them.
It is important to note that you do not have to be an Uber or LYFT passenger to be injured in a rideshare-related collision. You might also be walking, bicycling, or driving another vehicle at the time of the accident.
Uber is required to hold liability insurance policies for drivers and vehicles that are providing rides on their behalf. It is crucial to understand that this coverage is only relevant to accidents in which the Uber or LYFT driver is at fault.
Additionally, this coverage does not apply unless the driver has accepted a customer through the rideshare company’s app. Between rides, this liability insurance coverage is not active.
To secure compensation after an accident caused by a rideshare driver, you will need to prove the following.
Duty of Care
The LYFT or Uber driver owed a duty of care to you and to others in traffic. This is the duty to drive in a reasonably safe and legal manner.
Breach of Duty
The driver breached their duty of care through negligence or carelessness, which led to the accident.
The driver’s careless or negligent driving was the proximate cause of the collision and resulting damages.
The accident resulted in damages to you, the victim. These damages may be physical, monetary, or psychological.
In cases in which the driver is logged into the company’s app, but has not accepted a ride, a lesser amount of insurance coverage may be in effect.
When Someone Else is At Fault
If you are involved in a rideshare accident that was caused by another party, you may still be able to seek compensation from the rideshare company. First, you will need to pursue compensation through the responsible party’s insurance provider.
The person who caused the accident may be unable to provide the financial recovery that you deserve. In these cases, you can seek financial recovery through Uber’s underinsured motorist policy.
Rideshare companies, like LYFT and Uber, are required to hold policies for uninsured and underinsured motorists.
Consult a Car Accident Lawyer
If you have been involved in a rideshare car accident, you have the right to seek compensation for the damages that you suffered. Speaking with an accomplished car accident attorney will give you the best chances of securing adequate compensation.
No matter what the circumstances of your accident may be, a skilled attorney can help you to recover the money that is rightfully yours.
Since 1992, our personal injury attorneys at the Pines Salomon Injury Lawyers, APC. have been fighting for the people. Now, when those injured in automobile accidents need financial help, or for the families that need to know that the loss of a loved one could have been prevented, there is a personal injury law firm in San Diego that is on their side.
If you or a family member has been injured, call the lawyers at Pines Salomon Injury Lawyers, APC. There’s never been a better time than right now to speak to a personal injury attorney—FREE of charge. Call us at 858-551-2090 or request a free consultation online today!
SENIOR PERSONAL INJURY ATTORNEY & FIRM FOUNDER
Michael Pines is a former insurance company attorney who graduated from the University of California Hastings College of the Law in 1987. While he was an insurance attorney, he learned from behind the scenes how insurance companies work and how they decide how much to pay injured people. Now that he works against insurance companies, Michael’s inside knowledge has resulted in significant benefits to his clients injured in car accidents. Learn more about Michael Pines