Whether you took Uber or Lyft because of convenience or necessity, you didn’t expect the driver to get in an accident. Unfortunately, you did suffer injuries in a rideshare accident, and now you’re facing mounting medical bills, lost income, and other losses.
On top of your pain, you’re probably feeling confused about what to do and maybe even angry you’re having to deal with this in the first place. You may be wondering, “Can I Sue Uber or Lyft after an injury accident?”
The answer to that question depends largely on the facts and circumstances of your case. Since Uber and Lyft classify their drivers as independent contractors, it’s hard to establish liability for them in most instances. However, there are times when you may take Uber or Lyft to court to recover damages.
Read on to learn about when you can sue Uber or Lyft directly for your rideshare accident injuries. For specific advice about your case, talk to a Colorado car accident attorney near you who handles rideshare accident claims. They can advise you of your rights and options, explain the best course of action, and work to help you get the maximum compensation you need.
Colorado Car Accident Guide
Understanding Rideshare Accident Liability
Before we dive into the specifics of who you can sue and how after a rideshare accident, you need to understand the unique landscape of rideshare accident liability. Unlike traditional car accidents, rideshare incidents involve multiple layers of insurance and varying levels of company responsibility.
Uber and Lyft’s Insurance Policies
Both Uber and Lyft provide insurance coverage for their drivers, but the extent of this coverage depends on the driver’s status at the time of the accident. These policies serve to supplement the driver’s personal auto insurance, which typically doesn’t cover commercial activities like ridesharing.
Driver Status at the Time of the Accident
The driver’s status within the app at the time of the accident determines which insurance policy applies:
App off: When the driver’s app is off, they’re considered to be using their vehicle for personal reasons. In this case, only the driver’s personal auto insurance applies. Neither Uber nor Lyft provides coverage at this stage.
App on, waiting for a ride request: Once the driver turns on the app and is available for rides, both Uber and Lyft provide limited liability coverage. This typically includes:
- $50,000 per person for bodily injury
- $100,000 per accident for bodily injury
- $25,000 per accident for property damage
However, this coverage only kicks in if the driver’s personal insurance doesn’t apply or is insufficient.
En route to pick up a passenger: When a driver accepts a ride and is on the way to pick up a passenger, the coverage increases significantly. Both companies provide:
- $1 million in third-party liability coverage
- Uninsured/underinsured motorist bodily injury coverage
- Contingent comprehensive and collision coverage (if the driver carries these on their personal policy)
During a Trip with a Passenger
The same high-level coverage applies once a passenger is in the vehicle and until they’re dropped off. This $1 million liability policy covers passengers, other drivers, pedestrians, or property damaged in an accident.
You need to work with an attorney to determine which insurance policies apply to your case. It can greatly affect the strength of your case against the rideshare company itself.
Suing Uber or Lyft Directly
Since Uber and Lyft are major corporations with deep pockets, many people want to sue them directly for their injuries and losses arising from a rideshare crash. However, it’s not always straightforward.
As mentioned, Uber and Lyft typically classify their drivers as independent contractors, not employees, which can shield them from direct liability in many cases. That said, there are instances where your attorney could file suit directly against Uber or Lyft:
- Negligent hiring or retention: If the company failed to properly screen, train, or monitor their drivers, and this negligence led to your injury.
- App design issues: If there’s a flaw in the app’s design that contributed to an accident or incident.
- Misclassification of employees: In some jurisdictions, there are ongoing legal battles about whether drivers should be classified as employees rather than independent contractors. This could affect liability in certain cases.
- Direct actions of company employees: If the actions of actual Uber or Lyft employees (not drivers) injure you, you may have a case against the company.
Other Potential Parties to Sue
Aside from suing Uber or Lyft directly, your attorney could hold other parties liable and file suit against them, including:
- The rideshare driver: The most obvious potential defendant is the driver. If they were at fault for the accident – whether due to distracted driving, speeding, or any other form of negligence – you may have grounds to sue them directly. However, keep in mind that individual drivers often have limited personal assets, which could affect your ability to recover significant damages.
- Other involved drivers: If another driver caused the accident, your attorney could pursue a claim against them. This would be similar to any other car accident claim, involving the at-fault driver’s personal auto insurance.
- Vehicle or parts manufacturers: In some cases, a defective vehicle part caused or contributed to the accident. If this is the case, you might have grounds for a product liability suit against the car manufacturer or the maker of a specific defective part.
Each of these potential defendants brings different challenges and opportunities to your case. An experienced personal injury attorney can help you determine the most appropriate parties to pursue based on the specifics of your accident.
Steps to Take After a Rideshare Accident
You need to take certain steps following a rideshare accident to protect yourself and your legal rights:
- Ensure safety and seek medical attention: Your health and safety should be your top priority. If you’re able, move to a safe location away from traffic. Even if you feel fine, it’s crucial to get checked out by a medical professional as soon as possible. Some injuries, like whiplash or internal bleeding, might not be immediately apparent. Plus, prompt medical attention creates a record of your injuries, which can be valuable evidence in your case.
- Document the accident scene: If it’s safe to do so, take photos and videos of the accident scene. Capture damage to all vehicles involved, any visible injuries, road conditions, traffic signs, and anything else that might be relevant. This visual evidence can be crucial in reconstructing what happened and proving fault.
- Gather witness information: If there are any witnesses to the accident, try to get their contact information. Independent accounts of what happened can be invaluable in supporting your version of events. Don’t forget that other passengers in the rideshare vehicle are also potential witnesses.
- Report the accident to the rideshare company: Both Uber and Lyft have processes for reporting accidents through their apps. Make sure to do this as soon as possible. It creates an official record of the incident and may trigger the company’s insurance coverage.
- Contact law enforcement: Call the police to report the accident. They’ll create an official accident report, which can be a crucial piece of evidence in your case. Be sure to get the report number so you can obtain a copy later.
- Contact an attorney: Contact a rideshare accident lawyer as soon as you can to discuss your case and learn of your options.
Challenges in Suing Rideshare Companies
While it’s possible to sue Uber, Lyft, or other rideshare companies after an accident, it’s not without its challenges. Understanding these obstacles can help you prepare for what lies ahead:
- Independent contractor status of drivers: One of the biggest hurdles in holding rideshare companies accountable is the classification of drivers as independent contractors rather than employees. This distinction means that the companies generally have less liability for the actions of independent contractors compared to employees. Uber and Lyft have fought hard to maintain this classification, arguing that they’re technology platforms connecting drivers and riders, not transportation companies.
- Arbitration clauses in user agreements: When you sign up for Uber or Lyft, you agree to their terms of service. Buried in these agreements is often an arbitration clause. This means that by using the app, you’ve potentially agreed to resolve any disputes through arbitration rather than in court. Arbitration can be less favorable for individuals, as it’s typically private, binding, and may limit your ability to appeal.
- Complexity of insurance coverage: As we discussed earlier, the insurance coverage in rideshare accidents varies depending on the driver’s status at the time of the accident. This complexity can make it challenging to determine which policy applies and who’s responsible for payment. Insurance companies may try to shift blame or deny coverage, leaving you caught in the middle.
These challenges underscore the importance of having skilled legal representation. An experienced attorney can help navigate these obstacles, potentially finding ways to overcome arbitration clauses or arguing for company liability despite the independent contractor status of drivers.
Types of Compensation You May Seek
An attorney can help you recover various forms of compensation for your injuries and losses resulting from an Uber or Lyft accident. They include:
- Medical expenses, both current and future
- Lost income and work benefits
- Related out-of-pocket costs
- Loss of future earning capacity in cases of permanent disabilities
- Pain and suffering
- Emotional distress
- Property damage
- Loss of enjoyment of life
- Loss of consortium
You could receive other compensation as well depending on the nature and severity of your injuries and other factors. An attorney will fully assess your claim and fight to help you get all that you deserve.
Importance of Legal Representation
Due to the complexities involved, you must have an experienced attorney help you navigate a rideshare accident claim. Here are some things to consider:
- Navigating complex rideshare laws: The legal landscape surrounding rideshare companies is still evolving. Laws vary by state and are frequently updated. An attorney who regularly handles rideshare accidents will be up-to-date on the latest regulations and court decisions. They can build your case on solid legal grounds.
- Dealing with insurance companies: Insurance companies, whether they’re representing the rideshare company, the driver, or another involved party, have one goal: to pay out as little as possible. They may use various tactics to minimize your claim or deny it altogether. An experienced lawyer knows these tactics and can negotiate effectively on your behalf, pushing back against lowball offers and ensuring the insurance company doesn’t take advantage of you.
- Building a strong case: A successful personal injury claim requires more than just filing paperwork. It involves thorough investigation, gathering and preserving evidence, interviewing witnesses, consulting with experts, and building a compelling narrative of what happened and why you deserve compensation. A skilled attorney has the resources and know-how to build the strongest possible case for you.
Having legal representation levels the playing field. While you focus on recovery, your attorney can handle the complex legal process, giving you the best chance at fair compensation.
Contact an Experienced Car Accident Lawyer Today
Getting compensation after an Uber or Lyft accident is complex, filled with legal hurdles, liability constraints, and aggressive insurance companies. With the right legal team on your side, though, you increase your chances of getting the full and fair compensation you need.
The rideshare accident attorneys at Franklin D. Azar & Associates, P.C., understand the unique challenges of rideshare accident cases. Our experienced attorneys have a track record of successfully representing clients against big companies and their insurers. We’re committed to fighting for your rights and maximizing your financial recovery.
Contact us today for a free consultation. We’ll review your case and inform you of your options. You can rely on us to fight zealously for your rights and interests and hold duly Uber or Lyft accountable so you can get the money you deserve.
