If you've suffered an injury in an accident involving a rideshare company like Uber or Lyft, and the company denies liability, it's time to take action. There are several legal options available to pursue compensation, even when a rideshare company attempts to avoid responsibility.
Hire a Chula Vista rideshare accident lawyer to pursue these options, as they are trained and experienced in doing so. Here's what your lawyer will do if a rideshare company denies liability:
Review the Rideshare Company's Insurance Policy
Rideshare companies like Uber and Lyft offer liability insurance coverage for accidents involving their drivers, but the coverage depends on the driver's status at the time of the crash. If the company denies liability, it's important to:
- Review the details of their insurance policy, which may cover accidents depending on whether the driver was online and waiting for a ride, transporting a passenger, or not engaged in the driver app
- Identify coverage limits and other important policy details
- Examine the driver's insurance status to see if the rideshare company's insurance applies or if the driver's personal insurance should be pursued
Attorneys are students of insurance policies, so hire one to determine which insurance policies (like Lyft's) should cover your losses.
Prove the Driver's Negligence
Even if the rideshare company denies responsibility, you can still pursue compensation by proving that the driver's negligence caused the accident. Key steps include:
- Collecting evidence such as witness statements and surveillance footage that show the driver was at fault
- Demonstrating the driver's actions, such as distracted driving, speeding, or reckless behavior—directly led to the accident.
- Hiring an accident reconstructionist to show how the crash occurred and who was at fault.
Your rideshare accident attorney will take full advantage of available evidence to prove the at-fault party's negligence.
Seek Compensation from the Driver's Personal Insurance
If the rideshare company denies liability, the next step may be to file a claim with the driver's personal auto insurance. This step can include:
- Pursuing the driver's liability coverage if they were off-duty or not actively driving for the rideshare company at the time of the crash.
- Examining the driver's coverage limits to ensure they have enough insurance to cover your damages.
- Filing a lawsuit against the driver if their personal insurance doesn't provide adequate compensation.
Drivers who engage in aggressive driving, careless driving, or other forms of negligence are personally responsible for the harm they cause (if their insurance providers do not cover the damage).
Consider Filing a Lawsuit Against the Rideshare Company
If you cannot resolve the issue through insurance claims, you may need to file a lawsuit to hold the rideshare company accountable. Your rideshare accident attorney will:
- Investigate potential legal arguments against Uber or Lyft, such as negligent hiring or training, if the rideshare company failed to properly vet the driver
- File a personal injury lawsuit against the rideshare company and its driver, seeking compensation for medical expenses, lost income, and pain and suffering
- Seek a settlement after filing the lawsuit, and be ready to take your case to trial
Litigation is no concern for an experienced lawyer. If you need to sue or go to trial, your legal team will be prepared.
Investigate Other Parties for Liability
Sometimes, the rideshare company and motorist may not be the only parties at fault. They might not be at fault at all. Your rideshare accident lawyer will evaluate the facts and identify any other liable parties, such as:
- The manufacturer of a defective vehicle
- The manufacturer of a defective component
- A pedestrian
- A municipality
- The passenger in a rideshare vehicle
An attorney can tell you that there are countless ways for Uber and Lyft accidents to happen. Let your lawyer gather the facts, evaluate the evidence, and fight for justice for you.
More Information About Insurance Options in Rideshare Accident Cases
Because insurance may be a direct path to your financial recovery, it's worth further examining how you might get money through insurance.
The Rideshare Company's Insurance
Both Uber and Lyft provide liability insurance that applies to accidents involving their drivers, but the coverage depends on the driver's status at the time of the crash:
- If the driver isn't logged into the app at the time of the crash, their personal auto insurance will cover the accident (generally not the rideshare company's insurance)
- If the driver is online but waiting for a ride request at the time of the crash, the rideshare company's insurance provides limited coverage. This coverage generally includes:
- $50,000 per person for injuries
- $100,000 per accident for injuries
- $25,000 for property damage
- If the driver is actively transporting a passenger or en route to pick one up at the time of the crash, Uber or Lyft's $1 million liability coverage likely applies. This coverage includes:
- $1 million in liability for injuries to others and property damage
- Uninsured/underinsured motorist coverage to protect the driver and passengers in the event of a collision with an at-fault driver who has insufficient or no insurance
If seeking compensation through Uber or Lyft's insurance providers makes sense, that's where your rideshare accident attorney comes in.
The Rideshare Driver's Personal Insurance
When a rideshare driver is off-duty or not using the app, their personal auto insurance will cover the accident. The coverage provided by the rideshare company is only activated when the driver is online or transporting passengers. Some potential issues here are:
- The driver's standard auto policy might not cover accidents caused while they are engaged in ridesharing, so they might need rideshare insurance (but might not have it)
- If the driver's insurance provider acts in bad faith, you may need to consider other options (like suing the at-fault driver, Uber, or Lyft)
- There can be ways for rideshare drivers to be without insurance, perhaps due to system glitches or misrepresentation of the vehicle the driver is using
Your attorney will sort out these details for you.
Other Drivers' Insurance
If a rideshare driver is involved in an accident with another vehicle, and the other driver is at fault, that driver's insurance should cover the damages. In this case, the other driver's liability insurance will likely pay for:
- Injuries to the rideshare driver or passengers.
- Property damage to the rideshare vehicle.
Auto insurance is complex by nature. Let an experienced attorney evaluate your options while you rest and heal.
Allow an Experienced Rideshare Accident Lawyer to Represent You with Insurers and Rideshare Companies
When a rideshare company denies liability, working with an experienced personal injury lawyer is essential. They can help you:
- Make a complex case far simpler
- Negotiate with insurance companies
- Try to maximize your chances of a successful claim
- Protect your rights throughout the case
- Enable you to focus primarily on your recovery
Many accident survivors struggle with post-traumatic stress disorder (PTSD), physical injuries, and other challenges that can feel all-consuming. Focus on those while your lawyer handles every detail of your case.
A Step-by-Step Outline of How a Lawyer Leads a Rideshare Accident Claim
A skilled lawyer will guide you through the entire process of pursuing a rideshare accident claim, from initial consultation to final resolution. Here's a breakdown of how the lawyer typically leads the case:
Step 1: The Consultation
A consultation is the first meeting between you and your attorney, and you will likely:
- Discuss the accident: The lawyer listens to the details of your accident, assesses the severity of your injuries, and reviews any evidence or documentation you provide.
- Talk about liability: The lawyer identifies the responsible parties, including whether the rideshare driver, another driver, or a third party was at fault.
- Go over your options: The lawyer outlines the legal options available, including the potential for a claim against the rideshare company, the driver, or another party and whether the case is worth pursuing.
Consultations are typically free, so begin speaking with attorneys as soon as possible.
Step 2: Detailing the Accident
Your rideshare accident lawyer will waste no time in documenting the accident, which generally requires them to:
- Collect evidence: The lawyer gathers all relevant evidence to support the claim.
- Consult experts: The lawyer may speak with medical professionals, accident reconstruction specialists, and other experts to assess the extent of the injuries and the cause of the accident.
- Determine insurance coverage: As discussed, your lawyer will determine which insurance policies apply—whether it's the rideshare company's insurance, the driver's personal insurance, or a third-party insurer.
Your lawyer's next step will likely be…
Step 3: Calculating Damages
Establishing a clear case value is essential to you getting the money you deserve, and your lawyer will:
- Evaluate medical costs: The lawyer evaluates the current and future medical expenses related to your injury.
- Assess professional harm: The lawyer calculates lost income and any reduction in future earning capacity due to your injuries.
- Document pain and suffering: The lawyer evaluates non-economic damages, such as physical pain, scarring, emotional distress, and lost quality of life.
- Account for long-term economic and non-economic losses: If the injury requires long-term care or rehabilitation, the lawyer includes those future expenses in the claim.
Your case value has to be right. The accuracy of your case value is one of the foremost reasons why you should hire an attorney to represent you.
Step 4: Dealing Tactfully with Insurance Companies
Insurers do not always treat rideshare accident victims with respect or dignity, but your lawyer will ensure they do in your case. Your lawyer will:
- Ensure the filing of your insurance claims: The lawyer files claims with the appropriate insurance companies, possibly including the rideshare company's insurance, the driver's personal insurance, and any third-party insurers.
- Negotiating settlements for you: The lawyer negotiates directly with insurance adjusters to secure a fair settlement that adequately compensates you for your losses.
- Address bad-faith tactics swiftly and decisively: If the insurance company denies the claim or offers a lowball settlement, the lawyer fights back against these bad-faith tactics and demands a fair offer.
Insurers will be of no concern when you allow a rideshare accident attorney to represent you.
Step 5: Filing a Lawsuit (In Cases Where It Is Necessary)
Most rideshare accidents do not lead to trials or even lawsuits. That being said, your attorney will be prepared to:
- Prepare and file legal documents: If your attorney does not secure a fair settlement offer, they may file a lawsuit against the responsible parties.
- Gather and organize all evidence: The lawyer continues to collect additional evidence and consults experts to strengthen the case.
- Initiate discovery: The lawyer requests important documents, interrogatories, and depositions from the defense to build the case.
- File motions: The lawyer may file motions in court to request specific evidence or favorable rulings on certain aspects of the case.
- Complete all other pre-trial proceedings: Your attorney will complete every other step in advance of trial.
Your attorney may secure a fair settlement, or they can take your case to trial. In either case, you will be in capable and steady hands with an attorney leading the way.
Recoverable Damages for Survivors of Rideshare Accidents
You deserve a personalized accounting of your damages, and a lawyer will provide that. For now, know that some common damages in cases like yours are:
Medical Costs
Injuries from a rideshare accident often result in significant medical expenses. The cost of emergency care, surgeries, rehabilitation costs, and all other accident-related services will be included in your lawyer's case.
Professional Damages
Serious injuries may keep you out of work, leading to both immediate and long-term financial struggles. You may receive compensation for income lost during your recovery period, diminished earning capacity, and all other professional harm.
Physical, Psychological, and Emotional Distress (Pain and Suffering)
Beyond the financial impact of the crash, injuries often lead to emotional and physical suffering, which can include:
- Chronic pain
- Emotional anguish
- Psychological distress
- Scarring and disfigurement
- Lost quality of life
- Sleep problems
Your lawyer will also factor in the cost of any treatment you need for your pain and suffering.
Damaged Property
If your belongings were harmed during the accident, you may be entitled to compensation for the repair or replacement of your property. This can include vehicle repairs or replacement costs and expenses related to damaged personal items like electronics, clothing, or other personal property.
Hire Your Rideshare Accident Lawyer as Soon as Possible (Do It Today)
Your Chula Vista personal injury lawyer is ready to resolve your case as soon as possible. They will fight for all the compensation you deserve, but you must take the first step.
Call prospective attorneys today and hire the law firm that is most capable of leading your rideshare accident case effectively.
Ashley Rae Rawlins
Founder and CEO - Rawlins Law Accident & Injury Attorneys, APC
Personal Injury Attorney
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