Santa Ana Uber and Lyft Accident Lawyer

Santa Ana Uber and Lyft Accident Attorney

Ridesharing companies such as Uber and Lyft provide alternative taxi-like transportation by connecting passengers to drivers. Riders use smartphone apps to hail a ride with an Uber or a Lyft driver. Uber and Lyft, which are the two largest transportation network companies, contract with drivers who use their personal vehicles to ferry riders to their destinations. Ridesharing services are generally less expensive than taxi cabs, but there have been concerns with the safety of ridesharing drivers.

As the passenger in a ride share vehicle, any accident you are involved in is obviously not your fault; yet you may still end up dealing with personal injuries, medical bills, and lost wages. What are your legal rights and options in this scenario? As a ride share passenger, your case is unique. The insurance claims process could involve your own car insurance, the driver’s personal insurance policy, Uber or Lyft’s insurance, and/or a third-party insurer.

You may need to consult with a Santa Ana car accident attorney about your claim depending on the specifics of the accident, the parties involved, and the response from the insurer when you file a claim. The good news is that, as a ride share passenger, the odds are very high that someone else’s insurance company will cover your damages since you were not an at-fault party in the crash. Since you were actively riding as a passenger, it means the app was on and Uber or Lyft will provide insurance coverage for your damages.

The only time you might encounter issues or complexities with your insurance claim is if the ride share company tries to deny your claim for some reason, offer you less than your damages are worth, or if you have the ability to file a claim against more than one party.

How Ridesharing Accidents are Different than Regular Accidents

When you are injured in an accident in an Uber or Lyft vehicle, some common complications may arise when you go to file an injury claim. Since these companies (mainly Uber and Lyft) do not consider their drivers to be employees, but independent contractors, they often use this designation to claim that they are not responsible for the reckless or negligent actions of the driver. The insurance companies often use this “contractor” designation to deny responsibility for your injury and refuse to pay your claim.

Also, when you utilize a ridesharing service, you are not hiring a professional driver with specialized training, you are usually getting in a car with an average person who may have just started to pick up some extra money. And since drivers are allowed to make their own hours and work as much as they want, the driver who picks you up may be tired, and their ability to properly operate the vehicle may be impaired.

Additional factors to consider are distractions behind the wheel and the driver’s ability to safely operate the vehicle. Drivers for Uber and Lyft are required to use the services’ mobile apps to pick up fares and navigate to their destination. These apps may pose a significant distraction for the driver, and they may be involved in an accident if they do not pay attention to the road.

Rideshare Accidents: Dangerous Causes and Effects

In many ways these rideshare services like Uber, Lyft, Alto, and others can make roads safer. Deterring drunk drivers, cutting back on heavy congestion and traffic, and efficiently using our road and vehicle resources are all benefits that users gain. But in some ways, these providers make things more dangerous.

Common causes of accidents in ridesharing or delivery drives have much in common with any automobile accident. However, the elevated usage of technology during the drives does escalate this risk of accident. Drivers need to stay available on the phone monitoring their current ride and arranging their next pickups. Additionally, drivers are frequently dependent on GPS directions to guide their exact route and location details, further dividing their attention away from the road. Additionally, drivers are not trained by Uber and Lyft, and many work long, irregular hours, all factors that contribute to greater likelihood of accident.

If you are involved in an accident caused by an Uber driver, you may have a claim against the Uber driver’s personal auto liability insurance or you may have a claim against the Uber insurance coverage provided to Uber drivers while they are on the clock. An experienced Uber accident lawyer can review the specific details of your accident and determine the appropriate legal steps to take.

Some examples of cause for accident include:

Speeding – Especially unsafe on unfamiliar roads to drivers or in heavy pedestrian traffic areas
Driver Negligence – Paying attention to their phone instead of the road
Driver Error – Failure to stay in lane, maintain control of vehicle, or communicate to other drivers
Inebriated Driving – Avoiding drunk, drowsy or distracted drivers
Nighttime Visibility – Busy venues and bright lights paired with the challenges of night driving
Vehicle Malfunction – Faulty parts, failure to maintain
Road Environment – Weather Conditions, roadway debris
Road Congestion – High traffic and chaotic areas where there is most incentive for ride-hailing

Potential Injuries

Even if there are slight differences in the main causes of these accidents, the results are very much like any disastrous motor vehicle crash, resulting in possible rollovers, rear-end crashes, head-on collisions, T-bones, sideswipes and single or multi-vehicle crashes. Any of these outcomes can result in tragic injury or even death.

• Whiplash
• Back injuries
• Fractures
• Lacerations
• Internal bleeding
• Traumatic brain injuries

Uber or Lyft Accident Liability

Unfortunately, it is oftentimes tougher to determine liability in ridesharing accidents. Uber and Lyft drivers are considered independent contractors, which is great for people who want to act as their own boss, but not great for those who are injured in these types of accidents. The breakdown of Uber and Lyft’s liability coverage is as follows:

• Period 0: This is when the driver is not logged into the rideshare app. If an accident occurs at this time, Uber/Lyft will not provide liability coverage.
• Period 1: This is when the driver is logged in but has not yet accepted a ride. If he or she causes an accident, Uber/Lyft will provide liability coverage of up to $50,000 per person injured in the accident, $100,000 total injury liability per accident, and $25,000 in property damage liability.
• Period 2: When a driver has accepted a trip and is en route to the rider and causes an accident, the liability coverage will increase to $1 million.
• Period 3: This is when an accident occurs when the rider is in the Uber/Lyft vehicle at the time of the accident. In this scenario, Uber/Lyft provides coverage of up to $1 million, as well as limited coverage for damage to the driver’s car and uninsured motorists’ coverage.

Rideshare Insurance Coverage

Auto accidents are complicated. Smartphone apps now add a whole new layer into the mix. When an Uber or Lyft driver’s app is activated from his/her smartphone, one million dollars of insurance coverage should be available to compensate for damages and injuries. However, when that same driver’s app is not activated, he/she may be considered a regular, non-commercial driver.

Unless the driver’s insurance company has been informed in advance (and an updated policy is in place), most auto policies exclude coverage when the insured vehicle is used for a commercial venture – like driving for a rideshare company.

• Uber Insurance Coverage

Uber’s insurance coverage changes depending on whether the Uber driver has a passenger in the car or is in-between customers. If an Uber driver causes an accident while there is a passenger in the car or while on the way to pick up a customer, Uber’s insurance policy will cover:

• Up to $1 million per incident for property damage and bodily injury to passengers and third parties
• Up to $1 million for bodily injury per incident if an uninsured or underinsured driver caused the accident

However, if the accident happens while the Uber driver has the app open and is waiting to match with a rider, the insurance policy coverage changes. In this case, Uber’s insurance policy will cover:

• $50,000 per person liability coverage
• $100,000 per accident liability coverage
• $25,000 for property damage

This coverage only applies if the driver’s own insurance is insufficient to cover all of your damages.

• Lyft Insurance Coverage

Lyft’s insurance coverage is almost the same as Uber’s coverage. If there is a customer in the car or if the driver is on the way to pick up a customer, Lyft’s insurance covers:

• $1 million per accident
• $1 million for uninsured or underinsured drivers

When the Lyft driver is between customers, that insurance coverage changes. If the driver is on duty but does not have a request for a pick up, Lyft’s insurance covers:

• $50,000 per person liability coverage
• $100,000 per accident liability coverage
• $25,000 for property damage

What Should You Do After a Rideshare Accident?

Whether you are a Lyft passenger or driver, you can take certain steps to protect your ability to collect compensation after a car accident. These steps do not differ much from any other auto accident:

• Call the police – An officer will secure the scene, investigate the crash and prepare an accident report.
• Gather evidence – Take photos, get witness names and contact information and keep all of your medical bills, correspondence from Lyft or its insurance company and receipts of other accident-related out-of-pocket expenses.
• Get medical attention – You should see a doctor as soon as possible in order to get thoroughly checked for injuries and started on a treatment plan. Timely documentation of your injuries will be important for any claim(s) you file.
• Report your accident to Lyft – As early as you can, you should report your accident to Lyft through its website or a feature on your ride-hailing app. Your report will document your crash like the police report and medical records. However, don’t admit or assign fault. Just stick to the facts.
• Get help from an attorney – Before you give a recorded statement to Lyft or an insurance company, and before you accept any settlement offer, you should speak with an experienced auto accident lawyer first. The lawyer will protect your rights and fight for the compensation you are due.

Why You Need a Lawyer After a Rideshare Accident

After a ride share accident, it is essential to make sure the event is documented. For serious injuries especially, call 911 and immediately request emergency assistance to the scene. Document information about the drivers, vehicles, passengers, witnesses, and any others involved to the greatest extent you can, or in cooperation with Police direction. This information after all motor vehicle accidents is essential to ensuring justice is served and victims receive just compensation for their losses.

It is also good idea to be represented by an accident attorney after any car accident. If you or a loved one has suffered injury in an Uber or Lyft accident and have questions about seeking legal action, call us now at 1-877-241-9554 to learn more about your options. A free consultation is just a phone call away.

Santa Ana Uber Accident Attorney FAQs

Are Regular Accidents the Same As Accidents Involving Ridesharing Services?

Not necessarily. Some of the complications you’ll have to deal with will indeed be the same as they would be in standard accidents. However, the proceedings here will differ quite a bit. The first thing to remember is that ridesharing companies such as Uber and Lyft do not look at their drivers as employees, instead opting to treat them as independent contractors.

Therefore, these firms will try to use clauses to state that they bear no responsibility for any dangerous or reckless conduct that their drivers may engage in. This means that they may ultimately try to avoid the responsibility of paying for your claim. This is one of the reasons a competent Santa Ana Lyft accident lawyer is so important to have on your side.

Bear in mind too that you’re hiring a regular person instead of a professional driver that you would expect to have certain levels of training to be able to maneuver certain unexpected situations. This can also impact the way your claim is handled, but your attorney will be there with you every step of the way.

Am I Legally Required to Retain the Services of a Santa Ana Uber Accident Attorney?

No law states that you must engage a Lyft accident attorney in Santa Ana after an accident occurs. Even if you are going to be pursuing a claim against an Uber or Lyft driver or another responsible party, you could theoretically do so on your own.

However, should you neglect to have a Santa Ana Uber accident lawyer representing you, then you are putting yourself in a situation where the amount you can really get as compensation may not be the most ideal.

One of the biggest issues with these cases is that the insurance companies of the negligent parties know tricks of the trade that they can use to minimize their payouts or avoid them altogether. They will also be hiring professional attorneys to ensure that this happens since these are professionals that understand the legal nuances of these kinds of cases.

You need to have the same kind of protection, and you can only get that with the assistance of an experienced rideshare accident attorney.

What if I Get a Good Offer from an Insurance Company After Being an Injured Lyft Passenger?

Even if the offer you are getting from the insurance company seems great at the onset, do not accept it. In fact, you should let the insurance company know that you do not wish to have the conversation without your attorney present.

In most cases, an insurance company will make an initial offer upon counsel or investigation that outlines what kind of settlement it may have to pay in the long run. This initial offer will be much lower than that and will often also be set up to ensure that you cannot recover any more compensation in the future.

What Kinds of Compensation May I Be Entitled to After a Rideshare Accident?

Typically, your compensation will fall into the categories of economic damages and non-economic damages. On the economic side, there are elements that are rooted in established and provable figures, such as medical bills and lost wages.

Non-economic damages are more based on quality of life and will include elements such as loss of enjoyment or pain and suffering.

How Long After My Accident Occurs Should I Call a Santa Ana Lyft Accident Attorney?

You should always call a rideshare accident attorney as soon as possible after the accident occurs. Even if not for remaining within the statute of limitations, doing this ensures that you can get legal advice on what to do and what to avoid doing to ensure that you don’t jeopardize your own claim.

What Should I Expect During My Free Consultation Session with an Uber Accident Lawyer in Santa Ana?

The consultation will see the lawyer asking you questions and having a discussion to establish the reality of your case and to be able to advise you on your options and what the next steps would look like in your Santa Ana rideshare accident claim.