Thousands of people use rideshare services like Uber and Lyft each year, but what happens if your Uber or Lyft driver gets into an accident in California? The process of resolving a rideshare accident case is very similar to what you could expect after most other types of car accidents. However, you are likely to encounter unique insurance-related issues, depending on the details of the accident.
The initial aftermath of any vehicle accident can be confusing and stressful. If you were hurt as a passenger in a rideshare accident, you are unlikely to be found at fault for the crash unless you somehow interfered with your driver’s ability to safely operate their vehicle. It’s possible for your driver to be at fault for the crash, or fault may rest with a third party who hit your driver’s vehicle and caused the accident.
Your rideshare accident attorney can help you gather the evidence required to establish fault for your accident. This may include traffic camera recordings, drivers’ cell phone records, witness testimony, and physical evidence from the scene of the crash. Once fault has been determined, your attorney can help you understand the path required for recovering compensation for your losses.
Recovering Compensation for Your Rideshare Accident in California
California’s rideshare accident laws require all rideshare companies to have insurance coverage, which can become a factor in various ways after an accident involving one of their drivers. While all motor vehicle accidents in California are subject to the state’s fault-based system for resolving accidents, and the at-fault driver will absorb liability for the damages they inflicted in the accident, the insurance-related issues that often follow rideshare accidents are complex.
Rideshare company insurance isn’t a factor until a driver has marked themselves as available for a passenger, and the first level of coverage applies at this time. If you were riding as a passenger in a rideshare when your accident happened, then the rideshare company’s highest level of insurance coverage applies. This level of coverage comes into effect as soon as a rideshare driver picks up a passenger and persists until the driver delivers the passenger to their destination.
Ultimately, fault is a key issue in any motor vehicle accident case in California, including a rideshare accident case. This means that proving fault will be essential for you to recover any compensation for your damages. Whether you can claim compensation from the rideshare company’s insurance policy will depend on who caused the accident. If your rideshare driver is to blame, the rideshare company’s policy will likely cover your damages.
It’s important to remember that accepting a settlement from a rideshare company’s insurance policy will require signing a release of liability. This will prevent you from suing the rideshare company for damages in excess of their policy. It is crucial that you consult an attorney about your situation if you suffered severe injuries. If insurance will not fully cover all your damages, a personal injury claim may be the preferable mode of legal recourse for you.
FAQs
Q: What Should I Do If My Rideshare Driver Caused an Accident?
A: If your rideshare driver caused an accident, you should take photos of the scene of the crash and your injuries if you can do so safely. Once first responders arrive, you should answer their questions honestly and concisely and then seek medical care for your injuries, even if you think that you only suffered minor harm. You should then reach out to a California rideshare accident lawyer as soon as possible.
Q: Can I Claim Compensation From a Rideshare Company?
A: It is possible to claim compensation from a rideshare company after an accident. Both Uber and Lyft have similar insurance coverage, but their insurance works at different levels based on the timing of the accident. Your attorney can help you determine whether you have grounds for an auto insurance claim against your driver or the rideshare company. If you do not, then you must prepare a personal injury claim to recover your losses.
Q: Do I Need a Lawyer to File an Auto Insurance Claim for a Rideshare Accident?
A: It’s a good idea to hire a lawyer to help you file an auto insurance claim for a rideshare accident. They can assist you in gathering all the materials you will need to submit to the insurance company. They can also ensure that you receive a fair settlement offer and resolve any disputes raised against your claim. If you must file a personal injury claim to recover your damages, your attorney can significantly increase your chances of success with the case.
Q: How Much Compensation Can I Claim for a Rideshare Accident?
A: The amount of compensation you can claim for a rideshare accident will depend on the severity of your damages. California law allows injured plaintiffs to pursue a full repayment of all the economic losses they endured because of a defendant’s actions, and they may also claim pain and suffering compensation. Your attorney can help you accurately calculate economic damages and determine a reasonable figure for pain and suffering compensation.
Q: How Long Will a Rideshare Accident Claim Take to Resolve?
A: The time it may take to resolve a rideshare accident claim will depend on multiple factors, such as:
- Whether you can fully recover your losses with the appropriate auto insurance
- The total of your damages
- Whether you must file a personal injury claim to secure the compensation you deserve
The insurance claim filing process should only take a few weeks, but a personal injury claim could take several months to resolve.
Contact Kreeger Law Firm
The team at Kreeger Law Firm can provide the guidance and support you need in the aftermath of a rideshare accident. We know that the insurance-related issues you face in this situation are likely to be confusing, and you have the right to seek full compensation for your losses. Contact our firm today to schedule a consultation with our team and learn more about the legal services we offer.
