Sacramento Uber & Lyft Accident Attorneys

In any accident, if you are harmed due to someone else’s recklessness, negligence, or careless error, you may be able to take legal action against them to pay for the costs you have unfairly incurred as a result. Your rights are the same in Uber/Lyft accidents, but the challenges tend to be a bit different than in other collisions.

For starters, Uber and Lyft drivers work for their companies but are not directly employed by them. Strictly speaking, they are considered independent contractors and the company is not immediately liable to pay for damages and expenses associated with an accident, even if it was directly caused by one of their drivers.

As it pertains to your injury and recovery, this means your driver (or the driver whose negligence resulted in your harm) will first have to rely on their own insurance coverage, which tends to be significantly more limited than that of their company. You can only recover as much as the at fault driver's insurance policy will allow.

However, the insurance settlement isn't always enough, especially if your injuries are serious and resulted in extended hospitalization, rehabilitation, or a change in your ability to work and earn a living. There are some cases in which you may need to pursue compensation from the driver’s company to ensure all your expenses are covered.

If your situation requires that you file a lawsuit or personal injury claim with Uber, Lyft, or another ridesharing company, prepare for opposition and some difficulty. These companies exist to make money and they will not exactly leap to provide you with the money you need.

If you were a passenger being transported by an Uber or Lyft driver at the time of the accident, you should collect the name, contact, and insurance information of both drivers. Do so even if you are not injured (or do not think you have been injured) at the time of the accident, because you may need it later. (This is especially true if you unknowingly sustained a soft tissue injury such as a concussion.)

If you were an Uber or Lyft driver, you should also collect the other driver’s information and that of your passenger(s). Even though ridesharing companies typically insure drivers, they (the drivers) are still considered independent contractors and must first rely on their own auto insurance provider to appropriately compensate affected drivers and passengers after an accident. However, the company’s insurance policy can be in if your personal insurance isn’t enough to cover the full cost of the accident and resulting injuries—but the company is likely to fight it in order to keep from having to pay up.

If you were another driver or passenger at the time of the accident, it is equally important that you obtain important information from the other drivers and passengers, regardless of apparent injuries. As time goes on, you may discover that you have been adversely affected by the accident and wish to seek compensation from the other driver.

Injured persons may need to seek compensation from Uber or Lyft if a driver’s insurance policy is not enough, as may be the case if there are serious injuries such as spinal fractures, brain damage, or other long-term harm. Be advised that you cannot do this on your own. A corporation like Uber will look for reasons to discredit your claim or low-ball you with far less compensation than you need to afford hospital bills, medicine, rehabilitation, and other costs of recovery.

Determining Liability in a Rideshare Accident

In California, liability for a rideshare accident can be complicated. It's important to determine who is liable for the accident before proceeding with a claim.

• Negligence: In California, liability is often determined based on negligence. To establish negligence, you need to show that the other party (either the rideshare driver, another driver, or both) breached their duty of care and that their actions caused the accident and resulting damages.

• Rideshare Company Liability: Rideshare companies like Uber and Lyft have insurance policies that may provide coverage in accidents involving their drivers. However, the level of coverage can vary depending on the specific circumstances, such as whether the driver was on a trip or in-between trips.

• Driver's Status: The driver's status at the time of the accident is significant. If the driver was actively engaged in a ride, carrying passengers, or traveling to pick up a passenger, the rideshare company's insurance coverage typically applies. If the driver was not logged into the app or not on an active ride, their personal insurance policy may be the primary source of coverage.

When Insurance Companies Don’t Cooperate

Rideshare accident claims are complicated and can be riddled with red tape since multiple parties may be held liable for your injuries. One major obstacle in rideshare accident claims is dealing with the insurance company — especially when they represent big corporations such as Uber and Lyft.

Unfortunately, insurers do not have your best interests in mind. Adjusters will do whatever it takes to reduce or even deny your claim entirely.

Some common tactics include:

• Delaying Claims Processing: Insurance companies may intentionally delay the processing of claims, hoping that the claimants will become frustrated and give up or accept a lower settlement.
• Disputing Liability: They may dispute liability, arguing that their insured driver was not at fault or that the claimant shares some degree of responsibility for the accident. This tactic aims to reduce the amount they have to pay out by shifting blame.
• Challenging Medical Treatment: Insurers may challenge the necessity or extent of medical treatment received by the claimant, attempting to downplay the severity of injuries or argue that certain treatments were unnecessary.
• Questioning the Severity of Injuries: Insurance companies may question the severity of injuries claimed by the accident victims, often by requiring extensive documentation and medical evidence to support the claims.
• Utilizing Surveillance: Some insurers may conduct surveillance on claimants to gather evidence that contradicts their injury claims. They may use this information to dispute the validity of the claims or the extent of the injuries suffered.
• Offering Low Settlements: Insurance companies may offer low settlement amounts in the hopes that claimants will accept them out of desperation or a lack of understanding of their rights to fair compensation.
• Claiming Pre-Existing Conditions: Insurers may argue that the injuries claimed by the accident victim were pre-existing or unrelated to the accident, thus reducing their liability for compensation.
• Using Policy Exclusions: Insurance policies often contain various exclusions and limitations that insurers may use to deny coverage for certain types of damages or circumstances related to the accident.
• Seeking Multiple Opinions: Insurance companies may require claimants to undergo multiple medical evaluations or independent medical examinations (IMEs) by doctors chosen by the insurer. These doctors may be more inclined to downplay the severity of injuries or dispute the need for further treatment.
• Threatening Legal Action: Insurers may threaten legal action or imply that the claimant will face difficulties in court if they do not accept the insurer's settlement offer.

We advise drivers to not talk to any other party’s insurer after an accident. This is because insurance adjusters do whatever they can to reduce their liability. They may ask leading questions to see if they can get the other driver to admit any fault so they can reduce their settlement. You will not have to worry about questions of fault, but insurers may also challenge your injury reports, using your own words against you.

Our experienced rideshare accident attorneys have handled cases like yours before. We can take care of all the communication and advocate for your interests against insurance adjusters who are unlikely to offer you a fair settlement the first time. Having someone on your side can be invaluable when you need help after an injury.

We understand hiring a car accident attorney isn’t a decision you take lightly, which is why we offer free consultations. We want you to meet the team who will be working for you, which includes not only a team of compassionate attorneys but also a dedicated case manager to ensure your concerns are heard. Del Rio & Caraway, P.C. is here for you.