Resolving a rideshare accident case can be far more challenging than a standard motor vehicle accident claim in California. There are many insurance-related issues you might face in the aftermath of such an accident. However, it is also critical to know how California’s AB5 law affects rideshare accident claims.
An experienced attorney can explain these issues and what they could mean for your recovery efforts. You can trust your attorney to help you prove fault, explain the challenges you might face in your recovery efforts, and ultimately guide you to a positive outcome in your rideshare accident case.
Understanding California’s AB5 Law
California’s Assembly Bill 5 law is a controversial piece of legislation that many believe unfairly provides advantages to some employers over others while simultaneously curtailing the legal protections of many independent contractors in the state. This law was meant to address employment status, differentiating between employees and contractors, with the claimed goal of ensuring that employers provide proper legal protections to employees.
In California, Uber and Lyft drivers are still independent contractors, but California’s AB5 still provides certain protections to these contractors, such as guaranteed minimum earnings. Uber has challenged AB5 in court, alleging that the new law unfairly applies to Uber, Lyft, and other rideshare companies when it does not apply to other, similar businesses. It remains to be seen whether any adjustments will be made to this law.
How California’s AB5 Could Affect Your Case
If you were injured in a vehicle accident caused by a common carrier driver, the driver’s employer would be vicariously liable for the accident because it happened due to their employee’s actions. California’s AB5 differentiates between common carrier employees and rideshare drivers. Vicarious liability does not apply when an at-fault driver is an independent contractor, meaning that the rideshare company can only face liability for an accident under very specific circumstances.
However, rideshare companies like Uber and Lyft are required to have auto insurance that meets basic coverage requirements, and this insurance may apply based on the timing of an accident. If a rideshare driver is “off the clock” when they cause an accident, their own personal auto insurance policy applies to the resulting damages. Once they log in, the rideshare company’s policy applies at the first level of coverage.
If an accident happens while a rideshare driver is delivering a passenger to their destination, the second tier of the rideshare company’s insurance will apply to the resulting damages. While this level of coverage may be expansive, there is no guarantee that the rideshare company’s insurance carrier will immediately honor your claim for the maximum possible coverage. Insurance companies will almost always push back against claims and try to settle as low as possible.
A rideshare accident attorney can ensure that you are treated fairly by a rideshare company’s insurance carrier. They can also explain how California’s AB5 may influence your case concerning the relationship between the at-fault driver and a rideshare company. If auto insurance is not a viable method of recovering your losses, you have the right to file a personal injury claim, and you will need an attorney’s help to navigate your claim successfully.
FAQs
Q: How Does AB5 Affect Rideshare Drivers?
A: Under California’s AB5, rideshare drivers continue to qualify as independent contractors. This means that they are not afforded the same legal protections as full-time employees, and insurance will apply in different ways when rideshare drivers have accidents compared to how it applies when most other drivers have accidents. The same rules that affect common carrier drivers do not apply to rideshare drivers in California.
Q: Is a Rideshare Company Liable for the Negligence of Its Drivers?
A: A rideshare company may be held liable for the negligence of its drivers under certain circumstances. If it is revealed that a rideshare company did not perform an appropriate background check on a driver, failed to ensure proper training for the driver, or did not correctly vet the driver’s history, then it may be found liable for damages that the driver caused. Your attorney can clarify any such issues in your rideshare accident case.
Q: Can I Sue a Rideshare Driver for an Accident in California?
A: California’s rideshare laws provide some room for an injured passenger to sue a rideshare driver for an accident, but filing an auto insurance claim is typically the first step in recovering compensation for losses suffered in a rideshare accident. The rideshare company’s insurance applies if the victim was a passenger in the rideshare driver’s vehicle. However, if the rideshare driver caused an accident while “off the clock,” their own insurance applies to the accident.
Q: How Do I Prove Fault for a Rideshare Accident in California?
A: You can prove fault for a rideshare accident in California by gathering:
- Drivers’ cell phone records
- Photos of the scene of the crash
- Traffic camera footage
- Eyewitness testimony
Collecting the evidence that you may need to prove fault for your accident would likely be very difficult on your own. Therefore, it is crucial that you contact an experienced rideshare accident attorney who can help you navigate the legal aftermath of your accident.
Q: How Can a Rideshare Accident Lawyer Help Me Recover?
A: A rideshare accident lawyer can help you recover by assisting you with proving fault for your accident, aiding you in filing your auto insurance claim, and resolving any disputes that an insurance company raises against your claim. They can also help you build a personal injury claim if necessary to ensure your recovery. You are not only more likely to win such a case with their aid, but you are also more likely to maximize the total compensation you obtain if you do win.
Contact Kreeger Law Firm After a Rideshare Accident
Kreeger Law Firm can help you navigate the confusing legal aftermath of a rideshare accident with confidence. California AB5 may affect your case in various ways, and determining the optimal route to recovering your damages will be difficult without a seasoned attorney’s help. Contact our team today to schedule a consultation with a rideshare accident lawyer you can trust with your case and learn how we can assist with your recovery.
