San Diego Rideshare Accident Lawyers

Rideshare services like Uber and Lyft have become a popular and convenient way to get around San Diego. Whether heading to the beach in Del Mar or enjoying a night out in the historic Gaslamp Quarter, rideshare companies offer a convenient option to avoid the hassle of parking or navigating public transit. However, as with any form of transportation, rideshare accidents do happen.

If you’ve been seriously injured in a rideshare accident in San Diego, call The Dominguez Firm for a free consultation today at (800) 818-1818. Please keep reading to understand rideshare insurance coverage, the compensation you could be entitled to, and how the litigation attorneys at The Dominguez Firm can help.

Types of Rideshare Services in San Diego

The two most widely used rideshare platforms in San Diego are Uber and Lyft, but there are also others:

• Uber is the largest rideshare service worldwide, Uber offers different types of rides depending on your needs, such as UberX, UberXL, and UberBLACK. You can expect competitive pricing and an easy-to-use app.
• Lyft is another popular rideshare service in San Diego, providing options similar to Uber, including Lyft, Lyft XL, and Lux rides. Lyft is known for its friendly, driver-focused approach and affordability.
• Opoli: Another rideshare service available at San Diego International Airport.
• Wingz offers flat-rate rides and can operate at San Diego International Airport.
• FRED provides free, eco-friendly rides in San Diego. Users can download the app to access this service.
• Via San Diego features on-demand shared rides, which are fare-free. The service operates in select areas of San Diego.

Rideshare Insurance Coverage in San Diego

One of the key aspects of understanding your rights after a rideshare accident is knowing what insurance coverage applies to your situation. Rideshare companies like Uber and Lyft carry specific insurance policies that may apply depending on the stage of the ride and the circumstances surrounding the accident.

Insurance Coverage During Different Stages of a Rideshare Trip

Driver Offline (App Off): 

When a rideshare driver is not logged into the app or is not actively seeking passengers, their personal insurance coverage is what applies in case of an accident. In these cases, the driver’s car insurance policy may be responsible for covering any damages, though it may not fully cover all situations.

Driver Available (App On, Waiting for a Passenger):

When the driver is logged into the app but has not yet accepted a passenger, Uber and Lyft provide third-party liability coverage. This coverage typically includes up to $50,000 in bodily injury per person, $100,000 in bodily injury per accident, and $25,000 in property damage. However, this only applies if the driver’s own insurance does not cover the accident.

Driver En Route to Pick Up a Passenger or Driving a Passenger:

Once the driver has accepted a ride and is en route to pick up a passenger, or while driving a passenger, Uber and Lyft provide much higher insurance coverage. Both companies carry $1 million in liability coverage for accidents that occur while the driver is in this active phase of the trip. This covers the driver and passengers, ensuring that medical bills, lost wages, and other damages can be compensated.

Types of Compensation for Rideshare Accident Victims

If you’ve been injured in a rideshare accident in San Diego, you may be entitled to various forms of compensation depending on your situation. Both passengers and drivers have the right to seek compensation for injuries or damages sustained in an accident.

For Passengers:

As a passenger in a rideshare vehicle, you have the right to seek compensation for injuries caused by a crash, whether it’s the fault of the driver, another vehicle, or a third party. Compensation can cover:

• Medical expenses: Including hospital visits, doctor bills, surgeries, rehabilitation, and any ongoing treatment.
• Lost wages: If your injury causes you to miss work, you may be entitled to recover lost income.
• Pain and suffering: Compensation for the physical and emotional toll the injury has caused.
• Property damage: Reimbursement for any personal property damaged during the accident, such as your phone, clothing, or luggage.

For Drivers:

Drivers injured in rideshare accidents can also seek compensation through a personal injury claim. Your legal options may differ from those of a passenger, depending on the cause of the accident. Compensation available to drivers can include:

• Medical expenses: Coverage for doctor visits, hospital bills, surgeries, and rehabilitation.
• Lost income: If the injury prevents you from working or driving for Uber or Lyft.
• Pain and suffering: Compensation for emotional and physical distress caused by the accident.
• Vehicle repair or replacement: Drivers may be entitled to compensation for damage to their vehicle.

Regarding workers’ compensation for rideshare drivers in California, they cannot collect traditional workers’ compensation because they are classified as independent contractors. However, under Proposition 22, if a driver is injured in an accident while logged into the Uber or Lyft app and working, the company must provide “loss and liability protection.” This coverage can include:

• Medical expenses: Up to $1 million for injuries.
• Lost wages: Drivers can receive 66% of their average weekly earnings, subject to minimum and maximum limits.

This coverage is specifically for accidents while working, but it does not offer the full benefits of traditional workers’ compensation. Drivers should also check for optional coverage through their rideshare company for additional protections.

Stages of a Rideshare Trip and What They Mean for Your Claim

Understanding the different phases of a rideshare trip can also impact your ability to file a successful San Diego rideshare accident claim. Here are the key stages of a rideshare trip:

Driver is Offline (App Off):

If the accident occurs while the driver is not logged into the app, then the driver’s personal insurance will likely be the primary source of coverage.

Driver is Waiting for a Passenger (App On):

If the driver has accepted a ride but has not yet picked up the passenger, the rideshare company’s insurance may provide coverage up to certain limits, but it will depend on whether the driver’s personal insurance also covers the incident.

Driver is En Route or Transporting a Passenger:

Once the driver has accepted the ride and is actively transporting a passenger, Uber and Lyft’s $1 million insurance coverage applies. If another driver is responsible for the accident, their insurance will also come into play. However, if the driver is found at fault, the rideshare company’s liability insurance may help with compensation.

What to Do If You’re the Victim of a Crime While Using a Rideshare Service

Rideshare services have made it easier for people to get from place to place, but it’s important to recognize that, like any other mode of transportation, crimes can occur. If you’re the victim of a crime while riding in or driving for Uber or Lyft, here’s what you need to know:

As a Passenger:

If you are the victim of a crime, such as assault, theft, or sexual assault, during your ride, you should contact law enforcement immediately. You may also be able to report the incident directly to Uber or Lyft through their app, which will initiate an investigation. You have the right to take legal action against the driver, the rideshare company or any other responsible party.

As a Driver:

If you’re driving for Uber or Lyft and are the victim of a crime, you should report the incident to law enforcement and your rideshare company as soon as possible. Uber and Lyft both assist drivers who are victims of crime, and in some cases, the company’s insurance may cover medical expenses and damages.

Regardless of whether you were a driver or a passenger in a rideshare, if you suffered a crime, you may be entitled to compensation through a personal injury claim against the rideshare company in question. Also, you can file a claim even if your attacker is never found, arrested or convicted in criminal court. 

Why You Need a Rideshare Accident Lawyer in San Diego

If you’re involved in a rideshare accident in San Diego, hiring an experienced personal injury attorney who understands rideshare laws is essential. Rideshare accident claims can be complex and involve multiple parties, including the driver, the rideshare company, other drivers, and their respective insurance companies.

Additionally, Lyft and Uber often respond poorly to rideshare accident claims, even in cases of serious injuries. These companies and their insurers may attempt to minimize their liability or offer inadequate compensation, making it crucial to have a skilled personal injury lawyer on your side.

An experienced rideshare accident lawyer can:

• Investigate the details of the accident and gather evidence to support your claim.
• Negotiate with insurance companies to ensure you receive the compensation you deserve, countering any attempts to undervalue your injuries or losses.
• Handle the legal paperwork and navigate through any complexities with the rideshare company or their insurers, who may try to complicate or delay the process.
• Help you understand your rights as a passenger or driver involved in a rideshare accident, ensuring you don’t fall victim to unfair practices by the rideshare companies.
• Determine the appropriate insurance coverage that applies to your case, as rideshare accidents often involve complex insurance scenarios.
• Represent you in court if necessary, should the rideshare company or their insurer refuse to offer a fair settlement.

Call the San Diego Rideshare Accident Lawyers at The Dominguez Firm

Rideshare accidents can be complicated, but knowing your rights can make a big difference in the outcome of your case. Whether you are a passenger or a driver, understanding the stages of a rideshare trip, knowing the insurance coverage that applies, and seeking legal help from an experienced attorney can help you recover the compensation you deserve.

If you’ve been seriously injured in a rideshare accident in San Diego, call The Dominguez Firm today for a free consultation at (800) 818-1818. We are available 24/7.