Call for A Free Consultation (206) 206-0213
Call for A Free Consultation (206) 206-0213
Here’s what you will learn in this guide:
Ridesharing services have revolutionized mobility but create certain unique problems, especially with personal injury claims. If you’re involved in a car accident involving an Uber or Lyft, it’s important to know the differences and how they can impact your personal injury claim.
Uber and Lyft cases can be very complicated on the insurance side of things. You have the driver of the vehicle, and in order for Uber and Lyft insurance to kick in, the driver has to be logged in. The insurance requires that you have to go through the whole Uber or Lyft process for the car to pick you up. It’s very clear that you must be on the Uber or Lyft route, and you’re paying for that ride.
Uber and Lyft have their own insurance coverages for the driver, and the driver himself may have his own personal insurance policy. However, the driver’s personal insurance policy usually won’t kick in if they are driving for Uber.
One of the complicated things that can arise in those situations is a game between the two insurance companies trying to deny coverage, saying, “No, he was not technically ridesharing at the time,” with the other company saying, “Yes, he was!”
The secondary issue arises when dealing with Uber and Lyft insurance, as they will often want special confidentiality provisions in settlement agreements. In other words, Uber and Lyft do not want the knowledge to get out that they settle personal injury claims and that you can get money out of them.
So, they put special confidentiality provisions in their settlement agreement to try to prevent you from telling people about what happened other than per the terms of the agreement.
Finally, rideshare drivers have the same skills as normal drivers. They don’t go through any sort of special training. So it’s not the traditional limousine training like back in the day. Just because they are an Uber or Lyft driver doesn’t mean you’re getting a professional driver; you’re just getting someone who drives for Uber and Lyft.
One of the requirements for filing a personal claim is that you have someone at fault. This is why determining who is liable is important.
Liability comes down to the facts of the collision. If you’re in a rideshare and your rideshare driver rear ends somebody, your rideshare driver will be liable. If they are an active rideshare, meaning they are logged into Uber and you’re logged into Uber, then it’s clearly through Uber. Uber and the driver will face liability, but Uber will indemnify the driver of the vehicle, so you’ll be dealing with Uber’s insurance.
Being the victim of an accident is challenging and confusing at times. You’re still dazed, possibly in a lot of pain and not sure what to do. However, the most useful information is usually obtained when the scene is still fresh. The first thing you should do is check if you’re injured and, if possible, get yourself to safety.
If you’re in a rideshare collision in King County, you’re going to have a cell phone because that’s how you made the rideshare trip happen. Using the phone, you can collect vital information such as:
You should also find out the name of the Uber or Lyft driver. If the police show up, talk to them about the details of the accident. If they don’t, see if you can find a witness to the collision and collect their contact information.
Since you’re a passenger, you’ll more than likely have zero fault, meaning you’ll have no liability. The people who caused the collision will be liable for your injuries, but that doesn’t mean that they are going to gather the evidence to help you prove what happened in the collision.
So, you still want to make sure you know who to go after and give your attorney their information to crucial questions such as:
This is actually true for all collisions, not just Uber and Lyft collisions. You should do your own investigation because the police may not show up, and when they do, the investigation may not be thorough. If you don’t gather enough information, the evidence at the collision scene gets lost. Sometimes, the photos and contacts you take can make all the difference in the outcome of a case.
Collision accident claims can get murky and complicated, especially because insurance companies do their best to avoid paying the claim. Having someone knowledgeable and experienced with such claims (an attorney) to help you with the process is important.
You should consider hiring an attorney for rideshare accident claims because of the insurance complications. If you’re going to get taken seriously, you need to have somebody who can pursue Uber, Lyft, and the driver and hold their insurance companies to account.
It’s also important to work with an attorney because sometimes it’s hard to tell in Uber and Lyft cases what insurance should apply and how it should apply. Those rideshare insurance companies have to handle a lot of claims, so they are aggressive and they are not going to pay you fair compensation unless you know how to present your claims to them in a way that forces them to.
Finally, it’s likely you may have to sue the driver and Uber or Lyft in order to obtain full compensation, which is an uphill battle if you do it on your own. You should hire a lawyer to file the claim for you and represent you.
I have handled several rideshare cases in King County, and fortunately, we were able to present them in a way where Uber’s insurance resolved the case after some back and forth, fairly to the satisfaction of the client.
I have also represented rideshare drivers who were hit and have been able to successfully prove their lost income claims as a result of their inability to drive for Uber or Lyft while their car was being repaired and while they were recovering from their injuries. I have represented both passengers and drivers in those collisions and have been able to successfully prove their cases.
For more information on What To Do After A Rideshare Accident In King County, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (206) 206-0213 today.