When you make a request for an Uber or Lyft ride, you have very little way of knowing whether the individual driver is safe. You may see their overall rating, but you would not know whether they could be a potential danger. If you are another driver on the road, you have no control over who is near you, and the motorist in proximity could be a dangerous rideshare driver. You may be entitled to financial compensation if you have been injured in an Uber or Lyft accident. A San Bernardino County Uber or Lyft accident lawyer can help.
Why Are Uber and Lyft Drivers So Dangerous?
Even though you may trust the rideshare driver to transport you, there are certain dangers that are lurking beneath the surface. You have likely been told that Uber or Lyft drivers are more dangerous than the average motorist. While some rideshare drivers take pains to be extremely safe behind the wheel, others may take shortcuts for various reasons.
Examples of why Uber and Lyft drivers could present a danger include:
- The driver may speed so they can earn as much money as possible during their shift.
- The driver may be working a second job at night to earn extra income after putting in a full day’s shift elsewhere.
- Uber and Lyft drivers are often in unfamiliar areas, so they may not be aware of certain challenges in that particular area.
- When there is not a passenger in the car, the driver may continuously be looking at the app to find new and high-paying rides.
- Uber and Lyft drivers may be pulling into and out of traffic to pick up and drop off passengers.
Who Can You Sue in an Uber or Lyft Accident?
At the outset, you should know who you cannot sue for an Uber or Lyft accident. Rideshare companies have created a system largely immune to personal injury lawsuits because they do not employ individual drivers. They have designated their drivers as independent contractors, and your legal relationship is with the motorist. Even though Uber and Lyft get a cut of the driver’s earnings, they have built a system where they are thought of as only a middleman. Your legal cause of action is against the driver and the insurance company. You would file a claim against the insurance policy that Uber or Lyft has provided as a condition of their operation. You may also file a claim against an additional insurance company if the driver had supplemental coverage.
If the other driver involved in the accident was at fault, you would sue them or file a claim against their insurance coverage. There is a chance that both drivers could share in the blame for the accident. Then, if you are an injured Uber or Lyft passenger, you may file a claim against both insurance policies.
The legal landscape in California for independent contractors is always in flux. An Uber or Lyft accident lawyer can review your facts and determine whether the situation supports a lawsuit against the rideshare company.
How Much Insurance Coverage Is Available to Pay for My Injuries?
The amount of insurance coverage available depends on which driver was at fault for the accident. If the Uber or Lyft driver was to blame, their corporate liability insurance would cover the damages up to the policy limit amount.
The levels of Uber or Lyft accident insurance coverage are as follows:
- If the driver did not have the app on, their personal car insurance would cover the damages.
- If the driver had the app on but did not accept a ride request, or there was no passenger in the car, there is up to $50,000 per injured person and $100,000 in total coverage available on a per-accident basis.
- If the driver has accepted a ride request or there is a passenger in the car, there is up to $500,000 in coverage for each accident victim and $1 million in total coverage for the accident.
If the other driver was to blame for the accident, the amount of their policy limit would determine how much you could get in compensation. You could always file a claim against your own underinsured motorist coverage if the insurance available is insufficient to pay for your injuries.
How Much Is My Uber or Lyft Accident Worth?
The value of your case depends on your own particular circumstances. When someone is legally responsible for your accident injuries, they must pay you for every way that your life has been affected. No two personal injury victims suffer the same exact damages, even if they have sustained the same physical injury. Your Uber or Lyft accident damages would pay for both your actual financial losses and the ways that your physical injuries have changed your life.
Uber or Lyft accident damages include:
- Medical expenses
- Lost wages
- Pain and suffering
- Emotional distress
- Scarring and disfigurement
- Loss of enjoyment of life
The key is to know how much to claim in damages before you begin to deal with the insurance company. They see quite a few claims similar to yours because insuring Uber or Lyft is a large business and profit center for them.
How Do I Deal with the Insurance Company?
The important thing to remember is that you should not be the one who is dealing with the insurance company under any circumstances. Insurance adjusters are trained to protect the interests of their employers, and they are not on your side. They would have an inherent and built-in advantage over you because they know their job, and you may not be familiar with the claims process.
You should only deal with the insurance company with the help of an Uber or Lyft accident lawyer. They can speak on your behalf and handle all communications. Your lawyer can also file a claim against the insurance policy and negotiate compensation.
You may need to draw a hard line against the insurance company. They make money by paying as little as possible for claims filed while collecting the full amount of insurance premiums from Uber and Lyft. You can maximize the value of your rideshare accident compensation by rejecting settlement offers that do not fully pay you and fighting to get more money. An Uber or Lyft accident lawyer deals with these companies daily, so they know how to apply legal pressure.
Contact Our San Bernardino County Uber and Lyft Accident Lawyers at Lerner Moore Silva Cunningham & Rubel for Help with Your Case
Our San Bernardino County Uber and Lyft accident lawyers at Lerner Moore Silva Cunningham & Rubel can help you navigate the legal system when injured in a rideshare accident. You can schedule a free initial consultation with one of our lawyers by calling us today at 909-889-1131 or submitting our online form. Our offices are located in Ontario and Victorville, California, and we proudly serve clients in San Bernardino County, Ontario, Victorville, Hesperia, Apple Valley, Fontana, Rancho Cucamonga, Colton, and Riverside County.
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