Why Lyft and Uber Accidents Get Complicated
Unfortunately, following a crash, car accident cases involving Uber and Lyft drivers get very complex. This is why working with an Uber or Lyft accident attorney is advisable. The most common reasons why rideshare accidents are so complicated are due to the following:
Multiple Insurance Coverage to Consider
Since rideshare drivers are classified as independent contractors, different types of insurance coverage may be applied. Therefore, an Uber or Lyft driver’s insurance company and the ridesharing company’s commercial liability insurance may provide coverage–or invalidate it, depending on the specific circumstances.
Difficulty Establishing Fault
Identifying the at-fault party in a Lyft/Uber accident is more complicated than a standard traffic accident. This is because fault could fall on the Lyft or Uber driver, the rideshare company, or a third party. As a result, this type of case requires an in-depth investigation and ample time to gather substantial evidence (video footage, witness statements, etc.).
The Rideshare Driver’s Status During the Car Accident
Uber and Lyft maintain a $1 million insurance policy, but the specific policy that applies depends on the driver’s app status at the time of the accident. These special terms include the following:
- The rideshare driver was logged onto the app with or without a passenger present
- The rideshare driver was logged onto the app with the passenger passenger or en route to pick up the passenger
- The rideshare driver was logged out of the app with or without a passenger present
What To Do After a Rideshare Accident as a Passenger or Another Driver
Whether a passenger present in an Uber or Lyft vehicle or another driver struck by a Lyft/Uber driver, proceed with these important steps following a crash.
1. Prioritize Health and Safety
The commotion and excitement of a crash may distract victims from acknowledging that they have been injured. Although it is easier said than done, it is important not to lose sight of well-being. Therefore, seek immediate medical treatment.
Even apparent minor injuries, particularly those related to whiplash, soft tissue damage, or head injuries, may not be initially evident. To ensure any sustained injuries are properly addressed, a medical evaluation should be completed after leaving the accident scene.
This is not only beneficial to a victim’s health and safety but also serves as strong evidence in a personal injury case. Maintaining an official health record of diagnosis, medical treatment, and progress from a healthcare professional is critical in correlating sustained injuries with the Lyft or Uber accident.
Additionally, be descriptive and honest when describing symptoms and pain, regardless of how seemingly minor they may feel.
2. Collect Evidence
To ensure a clear and accurate record of the rideshare accident, document the accident scene by photographing and recording the damage to all vehicles involved, including any visible skid marks or debris.
Take multiple photos and videos from various angles, ensuring the surrounding area is also captured to illustrate the overall layout. If physical injuries were sustained, especially visible cuts, bruises, or swelling, document them as well.
Write down the rideshare driver’s name, vehicle make and model, insurance company information, driver’s license number, and vehicle license plate number. Additionally, collect the same information from any other involved vehicles.
If bystanders are present at the accident scene, ask if they witnessed what happened and if they can provide a statement, along with their name and contact information. Securing witness testimony and detailed evidence is instrumental in strengthening a case.
Additionally, retain all documentation related to the accident, such as medical expenses incurred, vehicle damage (if applicable), other property damage, and other relevant losses.
3. File a Police Report
Contacting law enforcement establishes an official record of the event. The police report will detail their investigation, summarize the sequence of events, and may even identify which party is at fault.
It is important to understand that while the police report may offer an initial assessment of fault, the legal determination will ultimately be decided based on overall evidence.
Regardless, an officer’s assessment will be vital in piecing together the events and establishing a foundation for the rideshare accident case.
Therefore, file a police report as soon as possible and do not accept any offers made under the table. Although this may seem convenient, it is essentially a permanent decision that cannot be rescinded, proving to be incredibly detrimental in the long-run.
4. Do Not Say “Sorry”
This typically applies to other drivers who were struck by an Uber driver or Lyft driver. However, rideshare passengers should also take note.
A common reaction to any incident is to apologize for the event, even when the other party may have been responsible. Although a nice gesture, an innocent “sorry” can be interpreted as an admission of guilt, negatively impacting a personal injury case.
Passengers who were conversing with their Uber or Lyft driver when the crash occurred may worry that they were a distraction. Regardless, do not apologize. The same goes for other drivers. Fault cannot be established until a proper investigation has been conducted.
Therefore, avoid discussing the Lyft/Uber accident or speculating fault with all involved parties entirely.
5. Report the Accident to the Rideshare and Insurance Company
The Uber and Lyft mobile apps have a section for reporting accidents. Before notifying Uber and Lyft of the crash, collect the rideshare driver’s name, contact details, and vehicle information.
Then, log on to the rideshare app to report the accident. Further instructions will be provided, and a brief event summary will be requested.
Insurance claims will also need to be submitted to the insurance company of all involved parties. While Uber and Lyft’s policy provides coverage during rides, the specifics will vary depending on the accident. Therefore, the personal auto provider for any drivers involved and the ridesharing company must be contacted.
However, do not offer insight into what was assumed to have happened or who may have been at fault in the scenario. Only note the facts, like where the accident occurred and what happened as a result (injuries, property damage, etc.).
When to Seek Legal Help
Shortly after an accident, Lyft/Uber’s insurance company will contact victims, inquiring about what happened; they may even make an offer early on. To avoid agreeing to any deal that cannot be undone, it is highly recommended to consult with an experienced Lyft/ Uber accident attorney as soon as possible.
A Fresno ridesharing accident lawyer will be familiar with California’s car accident and personal injury laws, including those involving large corporations like Uber and Lyft. They will also be able to clarify the various “periods” of when a victim is eligible for the million-dollar policy, accounting for the following circumstances:
- Lyft/Uber Logged In with No Passenger: The driver’s personal auto insurance coverage will provide primary coverage for the accident. Rideshares’ insurance policies act as secondary coverage, kicking in only if the driver’s policy limits are exhausted.
- Lyft/Uber Driver En Route to Pick Up Passenger or Is with a Passenger: Uber’s liability policy of $1 million comes into effect, offering primary coverage for the accident.
- Lyft/Uber Driver Logged Out of App: If the driver was not logged into the Uber app at the time of the accident, the situation is treated like a standard car accident. The driver’s personal insurance will be the primary coverage and will be held liable if found at fault.
The time it takes to resolve a Lyft or Uber accident claim will vary depending on the case’s complexity and the parties involved, and ridesharing accidents are very complex. Working with professional legal representation will not only increase the case’s progress but also maximize compensation.
