Rideshare companies got their start in California, and they are incredibly active across our major cities. At the same time, the carelessness of their drivers — and, sometimes, the poor vetting choices made by the rideshare company — has led to an epidemic of rideshare accidents across the state.
If you have been in a crash involving a company like Uber or Lyft, a California rideshare accident lawyer can provide you with experienced representation throughout your entire claim. Reach out to Hillstone Law Accident & Injury Attorneys to find out how we can help you file a claim against the rideshare company (or other at-fault party) to seek compensation for your medical bills and other expenses.
Don’t leave your case to chance when so much money is riding on the line. Get the help you need to build an effective case, accurately value your damages, and pursue the compensation to get you back on your feet.
Reach out to an experienced rideshare accident lawyer in California today to schedule a free, no-obligation case review when you call us at (855) 604-4641 or contact us online.
When Should I Reach Out to a California Rideshare Accident Attorney?
An attorney can help you with any sort of car accident claim, but when your collision involves a rideshare vehicle, it’s often a smart move to get experienced help. A California rideshare accident lawyer will have the knowledge, experience, and resources to investigate your case and seek the appropriate amount of damages from all liable parties.
It’s not always clear who was at fault and what insurance is available to cover your injury costs in a rideshare accident, which presents some of the biggest challenges for these types of cases. When you are facing steep medical bills and missed work income, it’s critical to find answers to these questions quickly.
Hillstone Law Accident & Injury Attorneys will come to your rescue when you find yourself in this stressful and precarious position. We have established a reputation for fighting for the legal rights of rideshare accident victims all over the state, and we want to help you, too.
There’s never a bad time to reach out to a rideshare accident attorney in California, but it’s particularly important to get professional legal help in the following situations:
- You were hurt as a rideshare passenger, but the rideshare company says they will not cover your injury costs
- Three or more vehicles were involved in the accident, and the fault is unclear
- The rideshare driver or company is refusing to provide you with key accident details, like whether they were using the app at the time or whether the driver has a history of accidents
- Another party is accusing you of partial or complete fault, but you know you weren’t responsible in any way for the rideshare accident
- A rideshare driver hit you while they were using the app, yet the company does not want to provide the required insurance coverage
- You have a catastrophic injury that exceeds the rideshare driver’s personal liability insurance policy limits, and you aren’t sure if a commercial policy could apply
- An insurance company or another party is alleging that you have a pre-existing condition or that your own actions contributed to the severity of your injury
- You are interested in fully investigating your accident, estimating ALL damages (including future costs), and building as effective of a case as possible to recover your losses
What Insurance Coverage Is Available After a Rideshare Accident in California?
The California Department of Insurance instated rules in 2015 requiring that rideshare companies provide at least $1 million in liability policy coverage during all service periods — any time between when a ride has been accepted and when the passenger has been dropped off.
If the rideshare driver is using the app but has not accepted a ride yet, then the company has to ensure that the driver is covered by a policy that applies to their vehicle. That means that the driver has to carry their own policy that covers using the vehicle for commercial purposes, or, if their personal policy is not available, then the rideshare company has to provide the needed insurance.
During the period when the driver is using the app but does not have an assigned pickup, they must meet the California minimum liability insurance coverage amounts, as listed below:
- $50,000 bodily injury coverage for a single person
- $100,000 bodily injury coverage per accident
- $30,000 property damage coverage per accident
Figuring out whether you can file a claim under Lyft’s and Uber’s commercial liability policies can be a major hurdle for rideshare accident victims. Refer to an attorney if you have been denied coverage or you are unclear about what insurance company should receive your personal injury claim.
Common Reasons That Uber & Lyft Accidents Occur
The usage of rideshare services has contributed to an increase in congestion in major cities, likely raising the risks of an accident occurring at any given time.
Rideshare apps also incentivize non-professional drivers to get out on the road and drive for hours at a time. This trend is concerning, given a recent study that shows that one in three rideshare drivers have gotten into an accident while using the service.
The study found that the following factors contributed to a higher rate of on-the-job rideshare accidents:
- Driver fatigue — Variable pricing structures can incentivize rideshare drivers to work late at night when bar hoppers are looking for a ride home or early in the morning when people often request rides for business or travel purposes. Drivers may also start accepting rides after working a part-time shift, stretching themselves thin to the point that it lowers their focus, perception, and reaction times while driving.
- Unfamiliarity with roads — Rideshare drivers are often pulled into unfamiliar neighborhoods when looking for fares. While in these unfamiliar areas, they are likely to be looking closely at their phone navigation system. Even if their phone is mounted on a dashboard while in use, in accordance with California law, the distraction, in combination with the lack of familiarity, can lead to unexpected rideshare accidents.
- Taking ten or more trips in a day— The risk of a rideshare driver getting into an accident rises significantly if they have been driving extensively in a single day, even with breaks in between.
In addition to the reasons noted by the study, rideshare drivers may also be acting negligently by:
- Speeding
- Driving aggressively
- Following too closely
- Under the influence of drugs or alcohol
- Driving while feeling emotional
- Driving without required corrective lens wear
- Moving against the flow of traffic by taking a wrong turn or using a wrong lane
It is also possible that a rideshare driver is allowed to use the app despite having a record of multiple driving violations or at-fault accidents. Rideshare companies have an obligation to vet the driving history of the people using their apps, but sometimes, a cursory background check is not enough to catch dangerous drivers.
Are Uber & Lyft Drivers Considered Employees in California?
Unfortunately, despite efforts by the state of California to classify rideshare drivers as employees, the state Supreme Court upheld the language of a state law called Proposition 22, allowing rideshare companies to continue to exempt rideshare drivers as employees.
Nevertheless, companies like Uber & Lyft are required to provide a commercial liability insurance policy during periods when the driver is carrying a passenger or is en route to pick one up, as described above.
What Should I Do After a Rideshare Accident in California?
Try to take the following steps any time you have been in a rideshare accident, whether you were using the service or were hit by a rideshare driver:
- Call the police — Report the accident to the closest nearby precinct or California Highway Patrol office. Request an officer to come out and make a report.
- Report the accident to the rideshare company — Many times, rideshare drivers will avoid reporting the accident, which can affect the availability of commercial liability coverage. If you were a rideshare passenger at the time of the accident, report the accident immediately. If you were in another vehicle that was hit by a rideshare driver, report the accident as soon as you can, which requires downloading the app and setting up an account if you have not already done so.
- Do not accept money from the driver or the rideshare company — Any money accepted, other than an automatic refund of your trip cost, can potentially qualify as a settlement offer for your injuries. Wait to receive a valid offer from an insurer, and confirm that it adequately pays for your damages by consulting with a rideshare accident lawyer in California.
- Get medical help — Always take steps to evaluate your medical condition after an accident, even if you are not sure how hurt you might be. Only a doctor can diagnose your condition, so request an ambulance if someone is visibly hurt and go to a doctor ASAP, even if you don’t think you need an ambulance ride. This precaution allows you to begin treatment sooner while documenting the rideshare accident as the cause of your injury.
- Refer to a California rideshare accident lawyer before you talk to insurers — When reporting the accident to insurers, you want to be careful not to say anything that could hurt your ability to file a personal injury claim. Reach out to a rideshare accident attorney in California for guidance as well as assistance with filing your claim.
- Follow up with the rideshare company if you have not heard back from a claims agent — Sometimes, reporting the accident to a rideshare company is not enough to get the claims process started. Make sure to follow up after reporting your accident if you have not heard back from an insurer within a few days.
- Avoid talking about the rideshare accident — Any details you share publicly about the rideshare accident could affect the success of your claim. Do not discuss the accident with friends, family, or acquaintances. Do not post about the accident or your medical progress publicly online. Avoid sharing any updates on your activities until you are fully healed and have concluded your case.
Do I Need to Sue the Rideshare Company to Get Money for My Accident?
Most personal injury cases, including rideshare accidents, can be resolved without needing to file a lawsuit. Typically, a successful claim will result in an insurance settlement offer.
However, sometimes, the parties involved cannot agree on an appropriate level of compensation. There may also be disputes regarding matters of fact, such as who was at fault and whether certain injury treatment costs are fully covered by the insurance policy in question.
Your California rideshare accident lawyer may file a lawsuit on your behalf in any of the following situations:
- Negotiations with insurers do not result in an appropriate settlement offer
- The rideshare company is denying coverage
- The driver or the rideshare company is denying liability for the accident
- Multiple parties involved have completely different interpretations of the fault
- The rideshare company or driver is refusing to provide information needed for the case to proceed
- Another liability issue may be involved with the case, such as if a defective airbag contributed to the severity of injuries
- The at-fault parties are not responding to requests for information or a settlement offer in a timely enough manner
- The at-fault party committed an act of negligence (or intentional malice) so egregious that punitive damages may be sought, which can only be awarded in court
Fight for Your Right to Seek Fair Compensation With an Experienced California Rideshare Accident Law Firm
Hillstone Law Accident & Injury Attorneys are willing to stand up to big rideshare companies and other private interests on your behalf. We don’t back down from a fight, and we always explore every viable option available in an effort to help your case succeed.
Our representation comes at no up-front cost to you, and you don’t have to pay for our services at all until we secure compensation for your personal injury. Schedule a free, confidential case review with an attorney from our California rideshare accident law firm today when you call (855) 604-4641 or contact us online.
