Top-Rated Lyft and Uber Accident Lawyer in Irvine
Uber and Lyft are two of the most popular rideshare services in Irvine. However, as with any mode of transportation, accidents can happen. If you are involved in a rideshare accident, whether as a driver, a passenger, or a third party, you may be wondering what to do and who is responsible for your injuries and losses. Here are five tips to help you handle a rideshare accident and protect your rights. Call our Lyft and Uber accident lawyer in Orange County if you believe you have a case.
Who Is At Fault in an Uber Accident?
Liability in most car accidents, including rideshare accidents involving an Uber or Lyft driver, are based on negligence. Any person or entity at fault for a crash is responsible for covering the injured victim’s medical bills, property damage, and more.
As the injured victim, you must be able to prove the defendant owed you a duty of care and breached the duty due to negligence, such as speeding or running a red light. The following parties may be found at fault in a rideshare accident:
Uber or Lyft Driver
If you are driving and a rideshare driver causes an accident, the driver would be responsible. Uber and Lyft drivers are required to hold their own personal auto insurance policy. Uber and Lyft also provide third-party liability insurance to cover anyone injured in an accident.
If you are a passenger in an Uber or Lyft car and another driver causes your accident, then that driver is responsible for your damages. You will need to file a claim with their insurance company.
Uber or Lyft
There are some cases where Uber or Lyft may be liable. If a driver was hired but did not undergo proper training or screening, then the company itself would be considered negligent, and therefore held liable.
Rideshare Accident Insurance Coverage
Getting into an accident with Uber or Lyft is not like a regular car accident in Irvine. This is because they maintain several different insurance policies, depending on the status of the driver. Let’s look into the different insurance coverage if you were in a rideshare accident:
The app is off (Period 0)
Uber and Lyft require all of their drivers to use the app when accepting new ride requests. If the Uber or Lyft app is off and the driver gets into an accident, then the rideshare company is not liable for any damages. Only the driver’s personal insurance coverage will apply.
Rideshare drivers are not regular full-time employees, but rather independent contractors. If they cause an accident, they are held mostly liable for an accident, not the rideshare company. All rideshare drivers are required to carry their own auto insurance, which would be used as the primary coverage.
The app is on and the driver is waiting for a ride request (Period 1)
If the app is on but the driver has not yet accepted a ride request, then their personal auto insurance will be used first. If their insurance is insufficient, Uber and Lyft provide third-party liability insurance up to the following:
- $25,000 in property damage
- $50,000 in bodily injury per person
- $100,000 in bodily injury per accident
The app is on and the driver accepted a ride request (Periods 2 and 3)
If the Uber or Lyft driver was in an accident while en route to pick up a passenger or if the passenger was in the rideshare vehicle, then the rideshare companies provide up to $1 million in liability coverage. They also provide uninsured/underinsured motorist coverage, as well as comprehensive and collision coverage with a $2,500 deductible.
What To Do After an Uber or Lyft Car Accident
Any type of car accident is a distressing situation. Follow these steps to ensure your health and legal rights are protected after an Irvine rideshare accident:
1. Check for injuries
After a car accident involving injuries, call 911 immediately and wait for a police officer to arrive. The officer will create an official accident report that will be helpful when filing a rideshare accident claim. Make sure to obtain a copy or the number of the report.
2. Exchange information
After a rideshare accident, exchange information with the other parties involved, including the rideshare driver, the other driver(s), and any passengers or witnesses. Do not discuss fault with the other driver.
Make sure you get the following information at the accident scene:
- Name, address, and phone number of the other driver(s)
- Driver’s license number
- Driver’s insurance company and policy number
- Contact information of any witnesses
- Time, date, and location of the accident
- Photos of the accident scene and your injuries
3. Report the accident to Uber or Lyft
It is necessary to report the accident as soon as you can. To do this, log into the app and go to the Help section. Select “Trip Issues and Fare Adjustments” and click “I was in an accident.” Describe what happened in as much detail as possible. You can also submit a crash report here or here.
4. Seek medical attention
Always get medical attention after a rideshare accident, no matter how minor your injuries may be. Certain injuries like whiplash may not show symptoms immediately, but can cause severe and long-term neck pain. If you do not get proper medical treatment, it may make your injuries worse or hurt your chances of filing a claim. If an insurance company sees that you did not get treatment, they will assume your injuries are minor and offer you a lowball settlement.
5. Contact a Lyft and Uber accident lawyer
A rideshare accident attorney can help you navigate the insurance claims process and determine liability. Since Uber drivers are independent contractors, Uber generally does not take responsibility for accidents. However, an Irvine personal injury lawyer will look at all sides so you obtain the best possible outcome.
Contact an Irvine Uber and Lyft Accident Lawyer
Serving Irvine and Orange County, Woodbridge Accident Lawyers is a top-rated personal injury law firm dedicated to helping victims of auto-related accidents. We have one goal in mind: obtaining the highest settlements for victims injured due to another person’s negligence. If you would like to know if you have an Uber or Lyft accident claim, call our Irvine rideshare accident lawyers at (949) 749-1575 to set up a free consultation.