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Uber Lyft Rideshare Accidents Attorney

Millions of us use Uber and Lyft to get around. They’re far cheaper and cleaner than traditional taxis. But what happens if your driver gets into an accident and you’re injured? Or if you’re crossing the street and a rideshare car hits you? If you’ve been injured in a rideshare accident, call The Dominguez Firm right away at 800-818-1818 for a free and confidential consultation. We’ll fight for your rights and the compensation you’re entitled to. And if you don’t have to worry about the cost of hiring an attorney. Our clients incur no upfront fees or hidden expenses. Plus, if we can help, you don’t pay unless we win. You have nothing to lose and so much to possibly gain, so call The Dominguez Firm today!

Uber and Lyft are constantly in the news. From recently passed laws regarding the employment status of rideshare drivers here in California to Lyft’s enhanced driver background checks, it can be difficult to keep track of everything. The Uber and Lyft rideshare accident attorneys at The Dominguez Firm are up to date on everything related to rideshare companies and the law to better serve you. If you are injured in an accident involving an Uber or Lyft car, we’re here to help.

Below you’ll find answers to some of the most common questions we’re asked and general information on both Uber and Lyft as they relate to your rights.

What Should I Do If I’m Injured While Riding as a Passenger in an Uber Car?

  1. Safety first.  Your driver should know to move the vehicle to a safe area away from traffic, but don’t hesitate to remind them. Make sure they pull off to the shoulder of the road or otherwise out of the flow of traffic. Check yourself and others for injuries right away, but only if it isn’t dangerous and you feel well enough to do so.
  2. Contact the authorities.  As with all motor vehicle accidents, you should call 911 immediately.  If anyone has been seriously injured, request an ambulance.  Even if you are not visibly injured, seek medical attention right away. You may still be in shock and unaware of any injuries yet. Also, insist on filing a police report. A police report will be extremely important if you want to pursue legal action.
  3. Gather evidence.  Make sure you have accurate information about your Uber driver: name, license number, and insurance information, as well as any other parties or witnesses to the accident.  If possible, photograph any visible injuries and damage to all vehicles involved.  Take note of where and when the accident took place.
  4. Talk to a lawyer.  If you were injured in the accident, talk to an Uber accident lawyer at The Dominguez Firm right away. They will be able to advise you about your legal options, and the next steps to take.

An Uber Hit Me, What Should I Do?

If you’re struck by an Uber car as a pedestrian or while driving your vehicle, you have the same rights as an Uber passenger who’s injured in an accident. Your safety should be your first priority and you should follow the 4 suggestions detailed in the previous answer.

Any pedestrian struck by a motor vehicle, Uber or otherwise, will often suffer serious injuries. Even if you think the impact was just a “bump”, seek medical attention right away. Then contact an experienced rideshare attorney right away to go over your accident.

I Was in an Accident While Driving for Uber, What Should I do?

If you were injured in an accident that was not your fault while driving for Uber, contact The Dominguez Firm right away. Uber has developed a justifiably bad reputation for how it treats its drivers and with the passage of California Assembly Bill 5, the legal waters are now murkier. Gone are the days when Uber could avoid any financial responsibility for driver injuries in accidents by claiming they were independent contractors, not employees.

Because of all of the confusion still surrounding this new law, it’s best to call the Uber driver accident attorneys at The Dominguez Firm. We’ll stand up for your rights and make sure you receive the compensation you deserve.

I Don’t Feel any Pain After my Uber Accident, Should I See a Doctor?

Yes! It’s very common for accident victims to not feel any pain or symptoms hours or even days after an accident only to suddenly experience severe pain and discomfort. Also, not seeking medical attention right away can hurt your case. A paper trail of medical treatment is the most powerful evidence you as a plaintiff can present.

What are the Uber Insurance Policy Limits?

An Uber driver’s policy limits depend on whether they are offline or in Period 1, 2 or 3.

Offline:

If the driver is completely offline and not logged into the Uber app when they get into an accident, then any accident would only be covered by their personal auto insurance.

Period 1:

If they log into their Uber app but have not yet accepted a ride, then they are in Period 1.

The insurance policy limits if the Uber driver is involved in an accident in Period 1 are:

  • $50,000 of bodily injury liability coverage per person injured in an accident
  • $100,000 of bodily injury liability coverage per accident
  • $30,000 of property damage liability coverage per accident

Uber also provides $200,000 in additional liability insurance in Period 1.

Period 2:

Once the Uber driver has accepted a trip, they are in Period 2.

Period 3:

When they pick up a passenger, they are in Period 3.

In both Periods 2 and 3, Uber provides drivers with:

  • $1 million in commercial auto insurance.
  • $1 million in uninsured/underinsured motorist coverage.

While these may appear to be generous amounts of coverage, Uber has been known to deny liability or attempt to shortchange accident victims in the past. That’s why it’s important to speak to an Uber accident attorney at The Dominguez Firm right away.

Can I Sue Uber for an Accident?

Uber accident victims have attempted to sue the rideshare company directly, especially when drivers were operating their vehicles recklessly. But again, Uber’s reply was always that its drivers were independent contractors, not employees. As such, the company took the position that drivers were operating as independent businesses and were completely responsible for whatever happened in their vehicles, not Uber. 

But the passage of California Assembly Bill 5 in September of 2019 altered the entire rideshare industry and sent drivers, accident victims and Uber itself into new, unchartered legal territory. Given how recent this law is, the best thing to do is consult with the rideshare attorneys at The Dominguez Firm. We are always monitoring this ever-evolving legal landscape and how it affects injury victims.

What Compensation Can I Receive for an Uber Accident?

Under California law, accident victims are entitled to compensatory damages for their injuries. In rare instances, they are also entitled to punitive damages if the defendant inflicted intentional harm or exhibited extreme recklessness. Hiring an experienced Uber lawyer at The Dominguez Firm will help you maximize your compensation.

In a personal injury lawsuit, a victim may be awarded two types of damage compensation:

  • Economic – Economic damages are intended to compensate for a victim’s out-of-pocket expenses related to their injuries.  The amount is typically easily quantifiable, and compensation can include (but is not limited to):
    • Medical bills
    • Property damage
    • Lost income
    • Loss of earning capacity
  • Non-economic – Non-economic damages can be more difficult to quantify, subjective losses or injuries that might include (but are not limited to):
    • Pain and suffering
    • Emotional distress and trauma
    • Losses related to disability or physical impairment
    • Losses related to permanent disfigurement
    • Loss of enjoyment of life

Unlike in other states, California puts no cap on the amount of compensation that a victim can be awarded in a personal injury case.  A jury will award the victim whatever amount they deem reasonable based on the evidence and the victim’s estimated losses.

Do keep in mind that California is a comparative fault state. If a jury determines that you were partially to blame for your rideshare accident, then they will subtract whichever percentage of blame they believe you share from the compensation award. However, sharing blame for the accident doesn’t bar you from filing a personal injury claim.

How Long Do I Have to File My Uber Accident Claim?

The time limit to file a personal injury claim is known as a statute of limitations. Here in California, it’s two years from the date of your rideshare accident.

If a federal, state or municipal vehicle was also involved in your Uber accident (it doesn’t matter whether you were the passenger, pedestrian or driver), you have six months from the date of the accident to file a personal injury claim against them. The statute of limitations for accidents with government vehicles is only six months. If this describes your situation, call the Uber accident attorneys at The Dominguez as quickly as possible. Six months is a very short amount of time and once it passes, you have no legal recourse, no matter how serious your accident and injuries were.

How is Liability Determined in an Uber Accident?

As with all car accidents in California, an Uber driver will be held liable for injuries to their passengers if they were responsible for the accident.  If the driver of the other vehicle in the accident was responsible, then they are liable for your injuries.

What makes Uber unique is that unlike a taxi, the driver is using their vehicle to transport passengers. That’s why Uber requires them to have personal insurance policies. However, as previously stated, these policies do not cover accidents that occur while the driver is driving for Uber. That’s because they are operating their vehicles in a commercial capacity. If the Uber driver is liable, then Uber’s insurance is expected to cover the accident.

Why Should I Hire an Uber Accident Lawyer After My Accident?

If you’ve been injured in an accident involving an Uber car, you should call the Uber accident attorneys at The Dominguez Firm immediately. Dealing with any rideshare accident can be difficult. These cases are more complex and difficult to handle on your own. Several parties may be involved, and the laws are always changing. And frankly, Uber does not have your best interests in mind. Our attorneys can handle all communication with Uber and any other parties or insurance companies effectively.

The Uber accident attorneys at The Dominguez Firm can also gain access to information that you may not be able to. For example, Uber’s driver monitoring information. This lets Uber see how their drivers behave on the road by keeping tabs of how fast they drive, any hard braking or sharp turns they take. Uber won’t readily hand this information over to an accident victim, but they will usually be forced to if requested by a lawyer.

LYFT

What Should I Do if I Get Into an Accident as a Lyft Passenger?

You should take the same precautions you would with any type of car accident.

  1. Check for injuries to yourself and others. If there are any injuries, call 911 immediately. Even if you think you don’t have any injuries, it’s best to seek medical attention as a precaution. You could have internal injuries and not know it.
  2. Contact the authorities.  Call the police as well. An accident report is vitally important, especially if there are injuries.
  3. Gather evidence.  Only take photos and gather evidence if it’s safe to do so. If it is, get all of your driver’s information, including their name, license number, and insurance information. Take photos of the accident scene, damage to vehicles and the location of the accident. If there are any witnesses, see if they’re willing to cooperate on your behalf.
  4. Contact an attorney.  Contact the Lyft accident attorneys at The Dominguez Firm right away for a free and confidential consultation. Rideshare accidents can be complicated, so you’ll want legal representation to make sure you receive the compensation you deserve.

A Lyft Car Hit Me, What Should I Do?

Being hit by any car while crossing the street can result in very serious injuries. The first thing you should do is seek immediate medical attention. Then you should speak to the Lyft accident attorneys at The Dominguez Firm. You’ll undoubtedly have medical bills and may not be able to work for some time due to your accident. Our lawyers will negotiate with Lyft and their insurance company on your behalf so you can concentrate on your recovery.

I Don’t Feel Any Pain After My Lyft Accident, Should I Still See a Doctor?

Absolutely, yes! Pain and symptoms can take several hours or even days to appear. Besides, you may have internal injuries that you aren’t aware of. At the very least, you should seek medical treatment as a precaution, even if you think you’re not injured.

Also, not seeking immediate medical attention can weaken your claim. Lyft and their insurance company will question why you delayed seeing a doctor as a means to weaken your claim.

What are the Lyft Insurance Policy Limits?

Like Uber, Lyft divides its insurance into two categories, when the driver has the app on but isn’t on their way to pick up a passenger or have a passenger in their vehicle. That’s Period 1. The insurance policy limits when the Lyft driver is in Period 1 are:

  • $50,000 of bodily injury liability coverage per person injured in an accident
  • $100,000 of bodily injury liability coverage per accident
  • $30,000 of property damage liability coverage per accident

For Periods 2 and 3:

Once the Lyft driver has accepted a trip, they are in Period 2. When they pick up a passenger, they are in Period 3.

In both Periods 2 and 3, Lyft provides drivers with:

  • $1 million in commercial auto insurance.
  • $1 million in uninsured/underinsured motorist coverage.

If the driver was offline when the accident occurred, then their personal auto insurance must cover the accident.

Can I Sue Lyft After an Accident?

It depends. If you were a passenger in a Lyft car, you are covered by the company’s commercial auto insurance policy. The good news is their drivers carry over $1 million in insurance, as you can see above. The bad news is their insurance will often attempt to make lowball offers to injured passengers. If that happens, then you’ll need a Lyft accident attorney to obtain a fair compensation amount.

If another driver caused your accident while you were riding as a passenger in a Lyft car, you can file a claim against that driver. If that driver does not have insurance, Lyft will cover any damages for up to $1 million under their uninsured motorist coverage.

What Compensation Can I Receive After My Lyft Accident?

California allows accident victims to collect damages (legal speak for financial compensation) for their injuries and subsequent expenses. If the defendant acted in a particularly reckless or irresponsible manner, the court may also grant a victim punitive damages, but this is not common.

There are two types of damages:

  • Economic – Economic damages can easily be calculated. All of the victim’s expenses related to their accident are added up to arrive at an amount. Economic damages can include (but are not limited to):
    • Medical bills
    • Property damage
    • Lost income
    • Loss of earning capacity
  • Non-economic – There is no set formula for figuring out non-economic damages. Some of these damages are:
    • Pain and suffering
    • Emotional distress and trauma
    • Losses related to disability or physical impairment
    • Losses related to permanent disfigurement
    • Loss of enjoyment of life

California has no cap on a personal injury victim’s compensation amount.  If a case goes to trial, a jury is allowed to award the victim any amount they consider reasonable based on the evidence and the victim’s estimated losses.

Should I File a Claim with Lyft After My Accident as Well?

Lyft is notorious for poor customer service. The rideshare company was in the spotlight earlier this year due to its poor response not only to car accident victims but to victims of sexual harassment as well. In response, Lyft has introduced new, more stringent driver background checks and improved customer service.

In spite of all that, if you were injured or harassed in a Lyft car, you’re much better off contacting The Dominguez Firm than trying to solve anything through Lyft itself. Simply put, Lyft is a business out to protect its interests. You need someone like The Dominguez Firm, who is on your side, ready to fight for your rights.

What’s the Deadline for Filing a Lyft Accident Claim?

You have two years from the date of your accident to file a claim against Lyft in California. This is known as a statute of limitations. If another vehicle was also involved and it belonged to a government entity (for example, a postal truck or a municipal utility truck), you only have six months to file any claim against them if they also contributed to the accident.

No matter what the circumstances of your accident, it’s always best to call the Lyft accident attorneys at The Dominguez Firm as soon as you can to go over your case.

How is Liability Determined in a Lyft Accident?

Liability is determined just as it would be in a regular car accident. California is a comparative fault state. That means that even if you are partially to blame (liable) for your accident, you can still file a claim if you’re injured in an accident with a Lyft car.

One of the reasons why a Lyft accident claim can be more complex is because a Lyft driver is using his or her car to drive passengers. Multiple parties may be involved, including more than one insurance company. In addition, Lyft has also been criticized for proving poor customer service to its customers after an accident, even if there are injuries involved. If you’ve been injured in an accident with a Lyft car, the best course of action is to contact The Dominguez Firm right away.

Why Should I Hire a Lyft Accident Attorney?

Lyft has access to the finest legal representation and so should you. Do you really want to take them all on by yourself? The Lyft accident attorneys at The Dominguez Firm know what the current laws are and how to negotiate with everyone involved. If you’ve been injured, you have medical bills to deal with and may also be unable to work. We can take care of everything for you while you concentrate on feeling better during this stressful time.

Conclusion

At The Dominguez Firm, we know that being injured in an accident can be overwhelming both emotionally and financially. When that accident involves Uber or Lyft, it can be even more difficult to navigate. The good news is that California leads the way in protecting the rights of accident victims and reigning in the rideshare companies. We are up to date on all of the recent changes. With The Dominguez Firm by your side, you can focus on your recovery while we handle your claim.

And if you think you can’t afford a lawyer, think again. The Dominguez Firm promises: you don’t pay unless we win. So, call 1-800-818-1818 today for a free and confidential consultation.

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