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Injured in an Uber or Lyft Accident in Los Angeles?
Uber and Lyft accidents are becoming increasingly common as the ride-sharing industry continues to flourish in LA. Expecting this growth, the California Public Utilities Commission or “CPUC” established rules that all Transportation Network Providers (“TNP’s”), including Uber and Lyft, must abide by, including a $1 million dollar per incident insurance minimum during the Uber ride when a passenger is in the Uber vehicle.
Unsurprisingly rideshare accidents involve many parties, and thus prosecuting rideshare lawsuits required special knowledge of the multiple commercial and personal auto insurance policies at issue. In Los Angeles, Uber and Lyft is mandated by California state law to carry minimum commercial insurance coverage for the purpose of protecting the Uber driver, Uber passenger, and potential pedestrians and third parties involved in Uber accidents. The insurance policy that may apply to you will depend on the stage of the ride at which the accident occurred. Applying the wrong insurance policy, as have been the case in prior claims where the lawyer was not aware of the periods, will significantly damage your case. These legal obstacles that you must navigate in filing your lawsuit against Uber in California is exactly why you need a Los Angeles Uber accident lawyer who is experienced in Uber lawsuits.
Whether you were hurt in an Uber or Lyft in LA as a driver or passenger, you certainly may proceed to seek compensation from a third-party at-fault driver’s insurance policy. If the driver’s insurance policy does not cover your damages, i.e. pain and suffering, medical cost reimbursement, and wage loss, then you may seek coverage from Uber’s commercial insurer for the remaining portion of damages as UIM/UM (Uninsured Motorist/Uninsured Motorist) coverage, depending on the stage of the Uber ride. Further, if you were the Uber driver in an accident in LA, you may seek compensation firstly from the at-fault driver’s personal auto insurance, then seek UIM/UM coverage from Uber or Lyft;’s commercial insurance policy (it is important to remember limits vary depending on the period in which the accident occurred; also, no UIM/UM coverage applies during Period 1 when the app is on and a passenger hasn’t matched with an Uber driver).
An experienced LA Uber and Lyft Accident Lawyer is prepared to speak to you regarding your rideshare car accident. Please make sure you have a few things available before your consultation: A copy of the police report, any medical records, screenshots of information concerning your Uber or Lyft crash, pictures you may have taken from the accident, and the Terms of Service contained in your Uber app.
Our legal team prosecutes Uber and Lyft cases day in and day out. Don’t take our word for it; see what our clients have to say.
WERE YOU INJURED IN AN
UBER OR LYFT ACCIDENT IN LA?
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Can I seek compensation from Uber OR LYFT for my accident in LA?
Regardless of the at-fault party, you can seek coverage from Uber’s or Lyft’s commercial insurer after seeking coverage from the at-fault driver’s personal insurance, assuming you were not an Uber or Lyft driver unpaired with a passenger at the time of the accident. And if you were a rideshare passenger and you sustained an injury during your ride, you can seek coverage from California’s mandated insurance policy with $1 million dollar minimum coverage.
Now, if you were hit or injured by a rideshare car while inside another car or as a pedestrian, you are still given the legal right to bring a case against Uber or Lyft, while seeking the maximum extent of compensation from other insurance coverages. It is imperative for your case to speak to an experienced Uber or Lyft accident lawyer who can address the unique facts of your case in order to optimize your potential legal recovery.
It is important to speak to our Uber and Lyft accident lawyers to evaluate your potential claim to determine how to get the maximum recovery your case deserves.
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As a Passenger in an Uber or lyft Accident in la
In the event that your rideshare accident lawyer can prove that the rideshare driver was negligent in the accident, you may file a lawsuit against the driver personally, the rideshare company, and its commercial insurance company for your damages. It commonly may not be difficult to prove liability in a rideshare accident lawsuit because rideshare drivers are many times distracted checking the app’s interface while they are supposed to keep lookout for other cars on the road.
Under California law, under CPUC § 5431, a “TNC” or Transportation Network Company, including Uber, is required to carry commercial insurance in the event that a passenger or driver is injured in the course of a ride. For the passenger in the Uber or Lyft, a compulsory primary policy of $1 million is available to cover sustained injuries and associated damages.
Lastly, it may be in your best interest to file a claim against a third party driver’s insurer, if your Los Angeles rideshare accident lawyer determines that the third party driver was at-fault in the accident. Still, Uber’s commercial policy is in place if the driver’s insurance coverage does not adequately cover your damages resulting from the accident, again depending on the period of the Uber ride that the accident occurred.
As a Driver in an Uber or lyft Accident
Regardless of whether you are deemed an employee or independent contractor under the law, California has put in place insurance protections if you are in an accident. CPUC § 5431 requires Uber and Lyft to carry insurance that covers your damages in an accident even if there is no passenger in the vehicle, as long as the Uber app is open and a ride is not matched, of at least $100,000 of bodily injury liability per accident, $50,000 bodily injury coverage per person hurt in an accident, and $30,000 of property damage per accident. Also, during that period, Uber is required to carry additional liability coverage of $200,000 extra liability coverage in California. Additionally during that insurance period in California, comprehension and collision coverage coverage is not applicable.
If a ride has not been matched, and the Uber or Lyft app is off, then your coverage would be limited to California’s minimum insurance requirements, which is $30,000 bodily injury per accident, $15,000 bodily injury per person injured, and $5,000 property damage per accident. Uber’s UM/UIM coverage would not be available if those limits were exhausted.
If you are a Los Angeles Uber or Lyft driver that is injured during the transport of a passenger, then you can seek coverage from Uber’s liability insurance coverage of $1 million per accident with UIM/UM coverage of $1 million per accident. Comprehension and collision coverage is available as well, but only for California rideshare drivers that have comprehension and collision coverage on their personal policy. Lastly, there is a $1,000 deductible for comprehensive and collision repairs on the rideshare vehicle.
Can I Sue the Uber or lyft Driver for the Accident?
If the negligence of your rideshare driver was the cause of your accident, then you may bring a claim against her/him personally as well as their personal automobile insurer. Additionally, you may bring a claim against the rideshare company and rideshare commercial insurer, which in California would be either Allstate, Esurance, GEICO, State Farm, Farmers Insurance, Mercury Insurance or USAA.
If you were a third party driver or passenger hit by an Uber or Lyft in Los Angeles, then you may seek damages in a lawsuit against the rideshare driver and the rideshare company for compensation . If an accident occurs, it is important that after seeking medical assistance, you request both the the rideshare driver’s personal motor vehicle information and insurance as well as their ride-sharing information contained in their rideshare app.
Can I Sue a Third Party Driver as a Passenger in an rideshare car?
If your injuries in an Uber accident were due to the negligence of a third party driver in Los Angeles, you have the legal right to bring a claim against the at-fault driver. California requires that each driver on the road carry personal automobile insurance. Thus, you would theoretically be covered by that driver’s personal insurance. If that coverage is too limited, the rideshare insurance coverage kicks in to cover the remaining portion of your damages.
It is vital to know which drivers are at-fault in your rideshare accident so that you can receive compensation expeditiously by dealing with their insurance companies at the outset of your accident case. Get in touch with a Los Angeles rideshare accident lawyer right away to figure out which parties to file a claim against.
Can I Sue Uber as a Passenger in the Uber or lyft?
Although you must prepare yourself for a battle of whether the rideshare driver was an employee of the company (the law is still a grey area in California as well as the rest of the country), you may bring a claim against the rideshare company if the driver was negligent in the operation of the vehicle, proximately leading to your injuries.
It is important to note that in California, insurance coverage may vary depending on whether your ride was a Uber, UberX, Uber Black, Uber XL, or Uber Pool, if using Uber.
What Should I Do If I was in a LA Rideshare Accident?
Call 911 and immediately seek medical attention. If you are the rideshare driver, always check if the passengers in the car need medical assistance. Never let the driver of another vehicle talk you out of calling the police. Having a police report is essential in recovering just compensation. The police report will typically include details of the car accident, including statements from the rideshare driver and other witnesses.
If possible, request the other driver’s license and insurance information. Screenshot your rideshare information in the app.
If possible, stand in a safe area away from traffic and photograph the vehicles before they are moved as well as the immediate vicinity to accumulate evidence in your potential claim.
After you have dealt with the police, if you were not taken to the hospital already, it is important to be seen by a doctor to examine yourself and document your injuries. Your medical records will be requested by an Uber accident lawyer to document and your condition and substantiate your claim for your Uber accident.
An Uber or lyft Hit Me as a Pedestrian. Can I Sue the rideshare company?
Being hit as a pedestrian by a rideshare vehicle typically carries the highest damages in the ride-sharing auto accident context. California has legislated pedestrian favorable laws to protect pedestrians from negligent drivers, including Uber drivers.
California Vehicle Code 21950 mandates that California driver must yield to pedestrians crossing a roadway within any marked or unmarked crosswalk. That law carries a lot of weight in court, putting the rideshare company and the driver at-fault, even if you failed to look both ways before crossing the crosswalk or simply weren’t paying attention while crossing the street.
If you were struck by a rideshare car on the street or sidewalk, chances are that your injuries were substantial. That makes it even more important to your future wellbeing to retain an attorney that normally deals with ride-sharing law. Contact the Rideshare Accident Attorneys to properly evaluate your claim even before Uber’s insurance company can try steering you away from receiving adequate compensation. Being hit by an Uber car in Los Angeles was not your fault. You deserve nothing less than the maximum compensation in your clai
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DOES CALIFORNIA'S COMPARATIVE NEGLIGENCE SYSTEM AFFECT MY UBER SETTLEMENT?
In Los Angeles and the rest of California, courts use modified comparative negligence in injury lawsuits. This essentially means that your settlement or verdict is lessened by the percentage that you were at fault for the accident. Moreover, this can mean as an injured passenger in an Uber or Lyft, that you have your rideshare driver and the driver of another vehicle that is partially at fault. Call an Uber and Lyft accident lawyer in Los Angeles to evaluate whether your injury claim against the rideshare company may be reduced, if at all.
HOW DOES rideshare INSURANCE WORK IN AN ACCIDENT IN LA?
rideshare Law in California - CPUC § 5433
California’s Transportation Network Companies (“TNC”) Act mandates out varying amounts of insurance liability coverage depending on the period of the Uber and Lyft ride. The first period ranges from the moment that a rideshare driver matches with a passenger until the driver completes the transaction or until the Uber ride is complete, whichever is later. The coverage requirement is $1 million primary liability insurance that covers death, personal injury, and property damage.
The second period begins when a rideshare driver logs on to the app until the driver matched with a passenger, as well as the period from when the driver completes a transaction or the ride is complete, whichever is later, until the driver either matches with another passenger or logs off the app. The coverage requirements are primary and in the amount of at least $50,000 for death and personal injury per person, $100,000 for death and personal injury per incident, and $30,000 for property damage.
Uber and Lyft also provides for uninsured motorist (UM) coverage and underinsured motorist (UIM) coverage in the amount of $1,000,000 for the period that a passenger enters the Uber driver until the passenger exits the Uber.
Are Passengers Insured in an Accident in LA?
Given that you may be injured in a rideshare accident as a passenger in Los Angeles, California law requires that the rideshare company must maintain a minimum of $1 million liability insurance coverage . Whether a rideshare driver or a third party driver was negligent leading to your accident, you can tap into the rideshare insurance coverage, assuming that the personal auto insurance of the at-fault driver is not sufficient to cover your damages.
I was hurt in a rideshare car accident in LA. Can I file a claim against the rideshare company?
If you are injured in a rideshare accident in Los Angeles, your lawsuit will require some knowledge of the ride-sharing regulations that were put into place in California. Using these laws and the electronically available information that can be requested from the rideshare company in a lawsuit, you will be closer to initiating a successful prosecution against the company for your injuries. In order to receive a maximum settlement, it is vital to speak to a rideshare accident lawyer in Los Angeles to determine what insurance policies should be sought after and what are the damages stemming from your case.
When filing a lawsuit in California for a rideshare accident, it is important to note the following potential damage categories: a.) economic damages, i.e. anything that you have expended out of pocket included medical bills, lost wages, property loss, etc.; b.) noneconomic damages, i.e. pain and suffering, disfigurement, loss of consortium, etc.; and c.) punitive damages, if applicable. In order to get to the pain and suffering damages, you must prove the standard of egregious conduct by the Defendant rideshare driver. This can be done by an accident lawyer by reviewing the facts of your case, including the rideshare driver’s GPS data, including speed, time, and the place of accident, witness depositions, and photographs from the police department or towing service. Contact a Los Angeles rideshare accident lawyer to review your accident and advise you free of charge.
A rideshare car accident in LA caused the death of someone. What damages are available in a wrongful death lawsuit?
The death of someone close to you changes your life forever. Getting represented by an Uber and Lyft accident lawyer is probably the last thing on your mind. At the Rideshare Accident Attorneys, we understand that you are undergoing a grieving process; we do our best not only to be compassionate attorneys but also additionally helpful by taking the weight of a lawsuit off your shoulders. Meanwhile, we will fight until you and your family have received adequate compensation for the loss of your loved one. We do not take a fee until we successfully win an award for your wrongful death lawsuit.
In California, damages available in a wrongful death lawsuit in a rideshare accident include economic damages, including the costs of a funeral and burial, loss of financial support, loss of gifts and benefits that the heirs would have otherwise received,, and noneconomic damages, including protection, affection, society and companionship, moral support, and sexual relations. Punitive damages are unavailable in a California wrongful death action but are available in a survival action on behalf of the decedent’s estate, where the heirs are suing on behalf of the decedent’s estate.
What is the Insurance for a passenger in an accident?
California has codified the applicable insurance periods in its Transportation Network Companies Act. Period 1 (App open/Ride not matched) – $50K/$100K primary liability
Period 2 (App open/Ride matched/No Passenger) – $1 million primary liability
Period 3 – (App open/Passenger in Uber) – $1 million primary liability/$1 million UM/UIM coverage (driver & non-user passenger)
What are la's rideshare Safety Requirements?
In Los Angeles, the year of the rideshare vehicle must be at least a 2004 car, compared to other cities in California, requiring at least a 2002 car. Each year, the car must undergo an inspection by a licensed mechanic; the inspection form can be completed at an Uber Greenlight Spot, if Uber applies.
California requires UberLX drivers to have a commercial driver’s license, but this requirement does not apply to UberX drivers. Rideshare drivers are also required by the state to undergo criminal background checks every year which includes offense ranging from the past several years. Driving history is typically reviewed also by Uber and Lyft.
California mandates a zero-tolerance policy in regard to the use of drugs or alcohol by Uber drivers during their rides..
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