I Was Injured While Riding in an Uber or Lyft Vehicle – What Do I Do?
Being injured in an accident while traveling in a rideshare vehicle raises some unique issues. The Best Rideshare Accident Attorney at the Law Offices of Eslamboly Hakim are experienced in dealing with these questions. We will be pleased to assist you if you or a loved one have been injured in a rideshare accident
The Rideshare Phenomenon
Although Uber and Lyft combined share nearly one hundred percent of the U.S. rideshare market, their trips still make up only about one percent of the approximately three trillion vehicle miles driven annually in the United States. However, these top two rideshare companies’ businesses continue to grow rapidly. Forecasters predict that the rideshare market will grow by more than twenty percent annually between 2018 and 2025.
As in any other motor vehicle trip, some accidents causing severe injuries during an Uber and Lyft ride are inevitable. The National Safety Council estimates that in 2017 there were more than four million vehicle injury accidents that required medical attention. Uber and Lyft’s combined one percent share of all miles traveled suggest that in each of the same two years there were some 40,000 Uber and Lyft serious injury accidents.
Our attorneys are well acquainted with the issues surrounding these accidents and would be pleased to help you.
Scenario One – The Rideshare Driver Is At Fault
If the rideshare driver was at fault, his vehicle insurance will be responsible for the costs associated with your injuries. Getting you paid can often be accomplished without filing a lawsuit, but we are fully prepared to go to court on your behalf if necessary.
Uber and Lyft both require drivers to maintain insurance. However, the ride sharing driver’s insurance may not cover your injuries. Despite Uber and Lyft requirements, some rideshare drivers may carry only the minimum required by law for private drivers. A typical policy contains an exception for business or commercial use of the vehicle.
Both Uber and Lyft maintain insurance of $1 million per incident. Even if your driver has the required commercial use coverage, Uber’s or Lyft’s insurance should become available if the cost of your injuries exceeds the limits of the driver’s policy.
Can I Successfully Sue Uber or Lyft?
Uber and Lyft contend that their drivers are independent contractors rather than employees. So long as rideshare drivers are considered independent contractors, Uber and Lyft generally cannot be held responsible for the drivers’ negligence. The companies argue that they are not covered by numerous laws and legal principles that apply to employers. Among these is the so-called “respondeat superior” principal-agent doctrine that holds employers responsible for most acts of their employees. A 2018 California Supreme Court decision and a recently enacted state law may change this situation
Scenario 2 – Another Insured Driver Is At Fault
Naturally, not all Uber and Lyft injury accidents are the rideshare driver’s fault. If you’re injured in an accident caused by another driver, you may usually recover from his or her insurance company by making a claim.
Again, however, if the insurer won’t settle with you for an acceptable amount, filing a personal injury lawsuit against the other driver may be necessary. If so, we are ready and able to file suit on your behalf.
Scenario 3 – The At-Fault Driver Is Uninsured, Underinsured Or Unknown
The driver at fault in an accident can’t always be identified. Also, although California law requires every vehicle registered in the state to be covered by minimum amounts of bodily injury/death and property damage insurance, around fifteen out of every one hundred California drivers don’t comply. Additionally, in a hit and run accident, the identity of the driver may not be known. A driver may also be “underinsured”; that is, his insurance may not fully cover your damages.
In any of these situations, the rideshare driver’s uninsured/underinsured motorist (UMC/UIM) insurance generally will cover your medical costs or other damages. However, although California insurers are required to offer UCM/UIM coverage, drivers are not required to purchase it. If the driver doesn’t have UCM/UIM insurance, both Uber and Lyft have their own.
As in the other situations discussed above, it may be possible for us to negotiate an acceptable settlement on your behalf without ever having to file a lawsuit.
How An Experienced Rideshare Accident Lawyer Can Help
As a passenger in a rideshare car, you’re at risk of serious and even disabling injuries in an accident. You are entitled to payment of the cost of medical treatment of those injuries as well as damages for your pain and suffering. We can negotiate with insurance companies or aggressively represent you in court. Let one of our experienced attorneys help you get all the compensation you deserve.
Schedule Your Free Consultation Today
If you or a loved one have been injured in a rideshare accident, speak to the Best Rideshare Accident Lawyer in California from our team. The knowledgeable and highly experienced attorneys at the Law Offices of Eslamboly Hakim are ready to help negotiate with the driver's or other insurers or, if necessary, go to court on your behalf. Call us today at 800-LAW-TALK (1-800-529-8255), use the free chat application or fill out the client information form on our home page.
Picture Credit: NTSB [Public domain]
Sharona Eslamboly Hakim is the principal of the firm.
