The rise of ride-sharing services like Uber and Lyft has transformed how we travel, providing a convenient alternative to traditional taxis and public transportation. However, with the increased use of these services, the number of accidents involving Uber and Lyft vehicles has also risen. If you’re in Denver, seeking the help of a Denver rideshare accident lawyer can be crucial in understanding your legal options.
After a rideshare accident, or if an Uber or Lyft driver hits your vehicle, you may wonder what steps to take next, especially if you’re considering filing a lawsuit.
Denver Rideshare Accident Guide
- Understanding Liability in Uber and Lyft Accidents
- Steps to Take Immediately After an Uber or Lyft Accident
- Filing a Claim vs. Filing a Lawsuit
- Reasons to Consider Filing a Lawsuit
- The Role of Comparative Fault in Colorado
- Dealing with Insurance Companies
- Common Challenges in Uber and Lyft Accident Cases
- The Process of Filing a Lawsuit
- Contact an Uber or Lyft Accident Lawyer to Discuss Your Case for Free
Understanding Liability in Uber and Lyft Accidents
Determining liability is one of the most critical steps after any car accident, and Uber or Lyft accidents are no different. However, these cases can be more complex due to the involvement of multiple parties, including the ride-sharing driver, the ride-sharing company, and other drivers.
The Role of the Ride-Sharing Driver
In most cases, the ride-sharing driver is considered an independent contractor rather than an employee of Uber or Lyft. This distinction is significant because it can affect the ride-sharing company’s liability.
You can hold the Uber or Lyft driver personally liable for the damages if their negligence caused the accident. However, if the driver was on duty, Uber or Lyft’s insurance policies may come into play.
Uber and Lyft Insurance Policies
Both Uber and Lyft provide insurance coverage for their drivers, but the coverage varies depending on the driver’s status at the time of the accident:
- Driver Offline: If the driver is not logged into the Uber or Lyft app, their personal insurance is the primary coverage.
- Driver Online, Waiting for a Ride Request: If the driver logs into the app but has not yet accepted a ride, Uber and Lyft provide limited liability coverage. This usually includes up to $50,000 per person for bodily injury, $100,000 per accident for bodily injury, and $25,000 for property damage.
- Driver En Route or During a Ride: Once the driver has accepted a ride request and is either on the way to pick up the passenger or has a passenger in the vehicle, Uber and Lyft offer more substantial coverage. This includes up to $1 million in liability coverage and $1 million in uninsured/underinsured motorist coverage.
This layered insurance structure means that you must determine which policy applies to your situation.
Steps to Take Immediately After an Uber or Lyft Accident
After an accident while riding in an Uber or Lyft, or if a ride-sharing driver strikes your vehicle, your actions immediately after the accident are critical. Here’s what you should do:
- Ensure Safety: First and foremost, ensure everyone involved in the accident is safe. If there are injuries, call 911 immediately.
- Contact Law Enforcement: Even if the accident seems minor, it’s important to report it to the police. A police report can be a crucial piece of evidence in your lawsuit.
- Document the Scene: Take pictures and videos of the accident scene, including vehicle damage, road conditions, traffic signals, and visible injuries. If there are witnesses, get their contact information.
- Seek Medical Attention: Some injuries may not be immediately apparent. It’s essential to seek medical attention immediately, even if you feel fine. Medical records will be important evidence in your case.
- Report the Accident to Uber or Lyft: Both companies have processes for reporting accidents. You should report the accident through the app, but avoid providing a recorded statement until you’ve spoken with an attorney.
- Consult an Attorney: Navigating the complexities of a ride-sharing accident can be challenging, especially when dealing with large companies like Uber and Lyft. Consulting a personal injury attorney with experience with ride-sharing accidents is crucial to protecting your rights.
Filing a Claim vs. Filing a Lawsuit
After an Uber or Lyft accident, you may wonder whether you should file a claim with the insurance companies involved or pursue a lawsuit. The answer depends on the specifics of your case, including the extent of your injuries, the damages incurred, and whether the insurance settlement offer is fair.
Filing a Claim
In many cases, the first step is to file a claim with the appropriate insurance company.
You may need to file a claim with the ride-sharing company’s insurer, the driver’s personal insurer, or your own insurer if the at-fault driver is uninsured or underinsured.
- Uber and Lyft’s Insurance: If the Uber or Lyft driver was on duty at the time of the accident, you may file a claim with their insurance. As mentioned earlier, the coverage amount depends on whether the driver was waiting for a ride or was actively transporting a passenger.
- The Driver’s Personal Insurance: If the driver was not on duty at the time of the accident, their personal insurance will be the primary coverage. However, personal insurance policies often exclude coverage for accidents that occur while the driver is engaged in commercial activities like ride-sharing.
- Uninsured/Underinsured Motorist Coverage: If the at-fault driver is uninsured or underinsured, you may need to file a claim with your own insurance company under your uninsured/underinsured motorist coverage.
Filing a Lawsuit
If the insurance settlement offer does not cover your damages, or if there is a dispute over liability, you may need to file a lawsuit. In some cases, it may be necessary to sue both the ride-sharing company and the driver to recover full compensation.
- Damages You May Recover: In a lawsuit, you may recover damages for medical expenses, lost wages, pain and suffering, property damage, and more.
- Statute of Limitations: It’s important to be aware of the statute of limitations for personal injury claims in Colorado. In most cases, you have two years from the accident date to file a lawsuit. However, the timeframe may be shorter if you are filing a claim against a government entity or if other specific circumstances apply.
Reasons to Consider Filing a Lawsuit
While many accident claims are settled through insurance negotiations, there are several reasons why you might need to file a lawsuit:
- Inadequate Settlement Offers: If the insurance company’s offer doesn’t cover your damages and losses.
- Disputed Liability: When there’s disagreement about who was at fault for the accident.
- Severe Injuries: In cases of significant injuries requiring long-term care or resulting in permanent disability.
- Complex Cases: When multiple parties are involved, or the circumstances of the accident are complicated.
- Bad Faith Insurance Practices: If the insurance company unreasonably delays or denies your claim.
The Role of Comparative Fault in Colorado
Colorado follows a modified comparative fault system, which means that if you are found to be partially at fault for the accident, your compensation may be reduced by your percentage of fault. For example, if you were found to be 20% at fault for the accident, your compensation would be reduced by 20%. If you are found to be 50% or more at fault, you will be barred from recovering any compensation.
In cases involving Uber or Lyft accidents, it’s crucial to have a strong legal advocate on your side to ensure that fault is accurately assigned and that you receive the full compensation you deserve.
Dealing with Insurance Companies
One of the most challenging aspects of filing a lawsuit after an Uber or Lyft accident is dealing with insurance companies. Both Uber and Lyft have large insurance policies, but they also have teams of lawyers and adjusters whose goal is to minimize the payout.
Here are some tips for dealing with insurance companies:
- Be Cautious with Statements: Anything you say to an insurance adjuster can be used against you later. Avoid giving recorded statements without consulting with an attorney first.
- Don’t Settle Too Quickly: Insurance companies may offer a quick settlement to resolve the case before you fully understand the extent of your injuries. It’s important not to settle until you’ve completed your medical treatment and understand the full impact of the accident.
- Document Everything: Keep detailed records of all communications with the insurance companies, including phone calls, emails, and letters. This documentation can be critical if there is a dispute later on.
- Hire an Attorney: Having an experienced personal injury attorney on your side can make a significant difference in the outcome of your case. An attorney can negotiate with the insurance companies on your behalf and ensure that you receive fair compensation.
Common Challenges in Uber and Lyft Accident Cases
While filing a lawsuit after an Uber or Lyft accident can be straightforward in some cases, there are common challenges that you may face:
Disputes Over Coverage
One of the most common issues in Uber and Lyft accident cases is determining which insurance policy applies. Both the ride-sharing companies and the drivers’ personal insurance companies may deny coverage, leading to a complex and drawn-out process.
Independent Contractor Status
Since Uber and Lyft drivers are classified as independent contractors, the companies often argue that they are not liable for the driver’s actions. This can complicate your ability to hold the ride-sharing company accountable.
Multiple Parties Involved
Accidents involving ride-sharing vehicles often involve multiple parties, including the ride-sharing driver, other drivers, passengers, and pedestrians. This can make it challenging to determine liability and pursue a claim.
Low Settlement Offers
Insurance companies may offer low settlements, hoping you will accept less than you deserve. It’s important to have an attorney to evaluate the offer and negotiate a fair settlement.
The Process of Filing a Lawsuit
If you decide to file a lawsuit after an Uber or Lyft accident, here’s what you can expect:
1. Consultation with an Attorney
The first step is to consult with an experienced personal injury attorney who has handled rideshare accident cases. They can evaluate your case, explain your legal options, and help you determine if filing a lawsuit is the best course of action.
2. Investigation and Evidence Gathering
Your attorney will conduct a thorough investigation of the accident, which may include:
- Reviewing police reports and medical records
- Interviewing witnesses
- Analyzing photos and video footage
- Consulting with accident reconstruction experts
- Examining the rideshare driver’s history and status at the time of the accident
3. Filing the Complaint
Your attorney will draft and file a legal complaint with the appropriate court. This document outlines your allegations against the defendant(s) and the compensation you’re seeking.
4. Service of Process
The defendant(s) must be formally notified of the lawsuit through service of process. This allows them to respond to the allegations.
5. Discovery Phase
Both sides exchange information and evidence related to the case. This may include:
- Written interrogatories (questions)
- Requests for documents
- Depositions (sworn out-of-court testimony)
6. Negotiations and Potential Settlement
Throughout the legal process, there may be opportunities to negotiate a settlement. Your attorney will advise you on any settlement offers and whether they adequately compensate you for your damages.
7. Trial
Your case may proceed to trial if you cannot settle. Both sides will present evidence and arguments before a judge or jury, who will decide the case’s outcome.
8. Post-Trial Motions and Appeals
After the trial, either party may file post-trial motions or appeals if they believe legal errors were made during the proceedings.
Contact an Uber or Lyft Accident Lawyer to Discuss Your Case for Free
You may need to file a lawsuit after an Uber or Lyft accident to receive the full compensation you deserve. If a ride-sharing accident injures you, take the right steps from the beginning, including seeking medical attention, documenting the accident, and consulting a Denver personal injury attorney.
At Franklin D. Azar & Associates, P.C., we have extensive experience handling Uber and Lyft accident cases and are dedicated to fighting for the rights of injured clients. We understand the complexities of these cases and have the resources to take on large corporations and their insurance companies.
Contact us today at (303) 757-3300 or through our online form for a free consultation to discuss your case and learn more about how we can help you get the compensation you deserve.
