ArticlesBeing involved in a car accident is already a stressful experience. If you were the passenger in a rideshare vehicle or you were struck by an Uber or Lyft driver, it can be even more stressful and confusing.
Accident claims involving rideshare vehicles such as Uber or Lyft are different from normal accident claims. If you need to file an Uber accident claim, it’s essential to understand how the process works.
It’s also a good idea to speak with an experienced California rideshare accident lawyer. At Farzam Law Firm, we have extensive experience dealing with rideshare accidents. We understand how the claims process works and the roadblocks you could face.
While ordering a ride through these companies may be easy, resolving an injury claim is often more challenging. If you sustained injuries in a rideshare accident, you might have a personal injury claim.
Understanding How Uber Insurance Works
Uber accidents differ from other types of collisions.
Just because there is an Uber driver involved in your accident, it doesn’t necessarily mean that Uber will compensate you for your injuries and other damages. As a large corporation, they are looking to reduce their exposure however possible.
While Uber maintains a liability policy for its drivers, that coverage depends on the circumstances of the accident and what the driver was doing at the time:
- Driver is offline or has the app turned off: The driver’s personal automobile policy is primary.
- Driver has the app turned on and is waiting for a ride request: If the driver’s policy does not extend coverage for the accident, Uber will cover the accident. However, limits are lower ($50,000 in bodily injury per person; $100,000 for bodily injury per incident; and $25,000 in property damage).
- Driver is en route to pick up a rider or is on a trip: Uber’s policy of $1,000,000 in coverage will apply.
California has low liability limit requirements, which means an Uber driver could carry the minimum limits of $15,000 in bodily injury per person, $30,000 for bodily injury per incident, and $5,000 in property damage.
In the event of a severe injury, the driver’s liability limits most likely will not be enough to cover your damages because medical bills add up fast.
How to Get Compensation in an Uber Car Accident Claim
Even if Uber agrees there is applicable coverage for the accident, you still need to prove liability against the Uber driver. Consider an accident where you are a passenger in the Uber vehicle and another driver runs a red light and hits you.
If you file a claim with Uber for the accident, they will probably deny coverage based on liability because their driver was not at fault.
You would need to pursue a claim for your injuries against the other driver’s insurance policy. If you were driving your own vehicle and an Uber driver with a passenger hit you, then Uber’s coverage would likely apply.
But they will likely argue that you are at least some percentage at fault for the accident to reduce their financial exposure. California is a pure comparative negligence state.
That means you can still collect a portion of your damages, even if you are partially at fault. However, your compensation will be reduced by your percentage of fault. For example, if you are 20% at fault, you can collect 80% of your damages.
But under this rule, you at least get compensation for the part of the accident that is not your fault.
If you sustained injuries in an accident with an Uber or Lyft driver, you might have a legal claim for damages. Don’t attempt to pursue a claim independently. Let a skilled California rideshare lawyer help.
Speak with an experienced attorney at Farzam Law Firm today. We have over 20 years of experience and aren’t afraid to stand up to big corporations like Uber.
If necessary, we are prepared to take your case to trial to fight for your owed compensation. Contact our office today to schedule a consultation and learn more about how we can help.
Joseph Farzam
Mr. Farzam attended Santa Monica high school and worked at McDonald’s and local coffee shops to support himself. Although he worked 2 or 3 jobs, he valued education greatly and earned a bachelor’s degree from California State University, Northridge in biology, and attended the prestigious Pepperdine University School of Law. He graduated with high marks and passed the California bar exam on the first try. Mr. Farzam has received the coveted titles of Super Lawyer, Los Angeles Magazine’s Top Lawyers, and has received The Litigator Awards. He is a proud member of the Consumer Attorneys Association of Los Angeles (CAALA) and California Employment Lawyers Association (CELA).
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