Many people rely on rideshare services, such as Uber and Lyft, for daily commuting. However, rideshare vehicles are not immune to accidents. If you have been involved in a crash involving an Uber or Lyft, you may be wondering, “Can I sue the rideshare company for my accident?”
The answer is not always straightforward, as rideshare companies operate under unique legal structures that complicate liability claims. Understanding the various aspects of rideshare accidents is important for knowing how to approach your accident claim.
Rideshare Liability and Insurance Coverage
Uber and Lyft classify their drivers as independent contractors rather than employees. This distinction plays a crucial role in determining liability in an accident. Generally, employers are responsible for their employee’s actions, but establishing employees as independent contractors shields employers from this liability.
Despite this classification, rideshare companies do provide insurance coverage for accidents involving their drivers. The level of coverage varies depending on the driver’s status at the time of the accident:
- Driver not logged into the app: If a rideshare driver is not signed into Lyft or Uber when the accident occurs, the rideshare company is not responsible for any damages. Instead, the responsibility falls to the driver’s insurance.
- Driver is logged in but has not accepted a ride request: If the driver is logged into the app but has not accepted a ride request, Lyft and Uber furnish limited liability coverage.
- Driver accepts a ride or is transporting a passenger: Once a driver accepts a ride request, is on the way to pick up the passenger, or has a passenger in the vehicle, Uber and Lyft provide liability coverage.
Filing a Claim Against a Rideshare Company for an Accident
Rideshare companies attempt to minimize their liability. You might be able to file a claim against Lyft or Uber under specific circumstances. These include:
- If the rideshare driver was at fault: If a rideshare driver causes an accident while logged into the app, transporting a passenger, or driving to pick one up, you can file a claim against the rideshare company’s insurance policy. Directly filing against the company is difficult since its employees are independent contractors.
- If the rideshare company was negligent: Examples of negligence might include inadequate background checks for employees, failure to enforce safety standards, and app-related distractions, such as the driver constantly checking their phone while driving.
- Third-party responsibility: If another driver was responsible for the accident, you may be able to file a claim against their insurance policy. However, if that driver was uninsured or underinsured, you may be able to file a claim under the rideshare business’ uninsured or underinsured auto coverage.
Challenges to Filing a Claim Against a Rideshare Company
Even if you have legal grounds to file a claim against Uber or Lyft, these companies have significant legal and financial resources to fight claims against them. For instance, many rideshare companies require passengers and drivers to agree to arbitration clauses in their terms of service, which means disputes must be resolved through arbitration rather than through court.
Labeling their employees as independent contractors can also distance the employer from liability, which makes it difficult to file a claim against the rideshare company directly. Insurance companies also often try to minimize payouts by disputing liability, downplaying injuries, or arguing that the policy does not apply.
If you’re injured in a rideshare accident, consulting with an experienced personal injury attorney can help you explore your legal options and pursue the compensation you deserve.
FAQs
Q: How Much Can You Sue Uber for an Accident?
A: The amount you can sue Uber for after an accident depends on the severity of your injuries, medical expenses, lost wages, and pain and suffering. If the driver was logged into the app but hadn’t started the ride, coverage may be lower than if the driver was en route due to Uber’s higher liability coverage. In cases involving permanent injury or wrongful death, settlements are much higher. Proving negligence and negotiating with insurance companies are crucial in maximizing compensation.
Q: How to Sue a Rideshare Company?
A: Suing a rideshare company, such as Uber or Lyft, involves several steps. You need to gather sufficient evidence, including accident reports, witness statements, and rideshare app data. Then, you can file a claim with the insurance provider. If you do not receive a fair settlement offer, you can file a lawsuit in civil court. Hiring a personal injury attorney experienced in rideshare accidents can greatly improve your chances of success.
Q: What Happens if Uber Gets in an Accident?
A: If an Uber driver gets into an accident, liability depends on the driver’s status in the app at the time. If they are off duty, their personal insurance applies, but if they are waiting for a ride request, Uber provides limited coverage. If the driver was carrying a passenger at the time or was en route to pick one up, Uber offers a large amount of coverage. Injured parties should seek immediate medical attention and report the accident to Uber.
Q: How Long Does It Take to Settle an Uber Claim?
A: The time it takes to settle an Uber claim can vary depending on factors such as the severity of the injuries, insurance company negotiations, and whether a claim is necessary. Simple cases with clear liability may settle more quickly, while a complex case could be drawn out. Insurance companies can delay payments to minimize payouts. Working with a personal injury attorney can speed up negotiations and ensure a fair settlement for medical expenses, pain and suffering, and lost income.
Contact an Experienced Rideshare Lawyer Today
If you’ve been injured in a rideshare accident, you may be entitled to compensation for medical bills, lost wages, and pain and suffering. At Guenard & Bozarth, our experienced rideshare lawyers are dedicated to protecting your rights and ensuring you receive the maximum compensation possible.
Rideshare accident claims can be complex, involving multiple insurance companies. Insurance companies may try to delay your settlement or undervalue your claim. Let us fight for justice so you can focus on recovery. Contact us today to schedule a consultation to discuss the aspects of your case.
