What Happens if You’re Injured in or by an Uber or Lyft in San Bernardino?

Rideshare services from Uber, Lyft, and others have risen along with their popularity in California and are basically part of the everyday status quo for most in San Bernardino. Whether it’s a quick trip to a local food spot, your ride home after a fun night out, daily transportation to and from work, the first leg of a vacation, your ride to the airport, most of us have hopped into one of these rideshare vehicles putting our trust in the driver and faith in the corresponding app and company. However, there are some negatives and hazards associated with relying on these rideshare services and sharing the roads with them.

Rideshare accidents, unfortunately, have become part of our reality as the use of Uber and Lyft continues soaring. Despite ridesharing studies like the Fatality Analysis Reporting System (FARS) discovering that ridesharing can prevent or reduce around 30% of fatal accidents involving alcohol and substance misuse, the emergence of ridesharing also creates a pocket of new accidents; those between rideshare vehicles and other cars on the road. California also sees many serious and even fatal car crashes each year. Recent statistics from the Insurance Institute of Highway Traffic Safety put California as the state with the second-most fatal crashes out of the entire US. So, whether you’re a rider, a driver, or another California motorist, understanding your rights after a rideshare accident is critical.

Rideshare accidents on the Rise?

The Rise in ridesharing accidents isn’t just a matter of more cars on the roads–it’s a combination of several elements that make these accidents more likely to occur. The increasing number of drivers working for Uber and Lyft, combined with longer hours on the roads, contributes to a higher risk of collisions. Drivers can suffer from fatigue or get distracted behind the wheel, and with many drivers using their phones for navigation or to accept ride requests, this adds another layer to the potential danger, whether you are driving the rideshare vehicles, riding in the back, or alongside a rideshare car.

What Happens if You Get Hurt in a Rideshare Crash?

Rideshare accidents are not like the average car accident in many ways. The process for filing a claim or a lawsuit is way more involved. One of the most prominent challenges will be figuring out who is at fault and who is going to cover your medical bills, possibly your lost wages, and other damages that stem from a car accident and related injuries. These accidents can often involve multiple parties, including the rideshare driver, the company behind them, and other drivers on the road. Defining liability in these cases can be confusing without a legal background and a solid understanding of California laws.

As a passenger, if you have been injured in a rideshare accident, you are absolutely likely to be covered through the rideshare companies. For instance, under Uber and Lyft’s extensive insurance policies, you would have the right to compensation. However, if you’re a driver involved in a collision with a rideshare car, then there is going to be a different set of legal procedures you follow to ensure your rights are protected. In some cases, even third-party victims like pedestrians or other drivers affected by the accident, even in moderate capacity, may be entitled to compensation under the company’s insurance policies.

How The World of Rideshare Insurance Works

One of the main reasons rideshare accidents are so legally complicated is because of the unique insurance setup. Unlike traditional car accidents, where the at-fault person’s insurance is usually the only coverage paying out, rideshare accidents are actually multi-insurance layered.

If You’re a Passenger: If you’re injured in a rideshare accident as a passenger, Uber and Lyft usually offer coverage of up to $1 million for injuries and damages. The coverage kicks in if the case is when a driver is actively engaged in a ride or was on route to pick up their passenger. If your situation involves one where the driver wasn’t actively on a rider, then the coverage provided can drop significantly, usually $50,000 max for injuries per individual involved and a smaller amount left for the property damage.

Drivers and Third Parties: If you are a driver or another party (like another driver on the road or a pedestrian) involved in an accident with an Uber or a Lyft driver, the process gets a bit trickier. The rideshare company’s insurance might cover your injuries if the driver was on the app actively accepting or performing rides at the time of the wreck. If the driver was not working or available for rides, you will need to file a claim through their regular or personal insurance, which you should keep in mind may not suffice.

What Should You Do After a Rideshare Crash in San Bernardino?

Right after an accident can be an overwhelming time, but it’s also the steps you take during this precious time that will have far-reaching implications on your ability to recoup damages. So while the following is what you should do following an accident, it may not be realistically what you personally are able to do, depending on the extent of your injuries. Thus, you want to arm yourself with a skilled attorney as soon as possible.

1. Getting Medical Help: Your health should always be at the very top of your priorities list. Even if you feel fine initially, some injuries, from whiplash to traumatic brain injuries, may not be immediately apparent. Seek medical attention as soon as you can.
2. Documenting the Accident: If you have a safe area to do so, take pictures of the accident scene, the vehicles that were involved in the crash, and any visible injuries. Sync up with potential witnesses and exchange contact information with them and anyone involved in the accident, including the rideshare driver and other motorists.
3. File a Police Report: Always call the police, especially if you are injured or there are significant damages. A police report will provide you with an official transcript of the accident, and the report can be paramount during the insurance claims process.
4. Contact the Rideshare Company: Report the incident via the company, e.g., Uber or Lyft. If you open the app, you can do it right away. However, it is crucial not to provide them with any statement until you have legal representation to guide you because your words can later be twisted and used against you.
5. Consulting a Legal Pro: Rideshare accidents get complicated. Even a regular car accident involves insurance reps whose job it is to protect the insurance company and their money. A lawyer will be able to not only get you through each step of the process but also negotiate with insurance companies.

How Can a Layer Help After a Rideshare Accident?

Having a lawyer on your team can make a huge impact on the outcome of your case and the pursuit of compensation. Here is exactly when and where your lawyer steps in as a valued legal professional when it comes to rideshare accidents:

1. Investigating: Your lawyer will comb through all the details and aspects of your accident, analyzing every angle, gathering all the necessary evidence, and working with accident reconstruction experts when needed to determine liability. These steps are crucial, especially when multiple insurance policies are activated.
2. Handling Insurance Companies: Rideshare companies have incredibly vast legal resources and will fight to protect their bottom lines. A trusted attorney knows how to deal with these insurance companies and their representatives on your behalf, ensuring that your claim is not undervalued or unfairly denied.
3. Filing a lawsuit if needed: If insurance negotiations fall flat, your lawyer will file a lawsuit and represent you in court. They won’t stop fighting for the compensation you deserve, and they will work to deliver fair treatment.

What Sorts of Compensation Can You Expect?

If you’ve been injured in a rideshare accident, such as one involving Uber or Lyft, there are several forms of compensation you could be entitled to, depending on the details of the accident. Medical expenses are one of the biggest and most diverse categories when it comes to accident compensation. It encompasses many elements from emergency room visits, surgeries, medications, rehab costs, and any ongoing medical treatments related to your injuries. An excellent attorney will also be sure to factor in and secure future medical costs related to your rideshare accident injuries. Whether you require short-term care or long-term treatment, these expenses should be accounted for. Medical expenses are one of the primary types of compensation, but not the only one. Another prominent form of compensation comes in lost wages. Time off from your job can translate into lost earnings, and this, too, can be included in your payout.

Additionally, you may be eligible for pain and suffering if your injuries caused severe physical pain, emotional distress, and prolonged suffering. Property damage is another potential aspect of compensation. If your personal property, including your car, was damaged in the collision, the responsible party’s insurance should cover the repairs or provide compensation for the total value of the property that was lost. However, be aware that the above are general compensation categories, but each case is going to be unique. The types and amount of compensation will depend on factors like the severity of injuries, the circumstances of the crash, and who is at fault.

After an accident, time is of the essence when it comes to securing compensation. The earlier you confer with a knowledgeable attorney, the better your compensation prospects and overall favorable outcome. At California’s Moga Law Firm, we understand how stressful it can be in the aftermath of a rideshare wreck. Our dedicated team is here to help you figure out what happened and identify your best road to compensation. We have been fighting for individuals seeking car accident compensation, including rideshare accident victims, all over San Bernardino and the rest of the Inland Empire from our offices at 1010 N Euclid Ave in Upland, California. Call us today at 909-931-2444 for a confidential and complimentary consultation with a seasoned California rideshare attorney.

Scot Moga

Scot Thomas Moga, a dedicated attorney in San Bernardino & Riverside Counties who represents clients in the many types of personal injury, workers’ compensation and estate planning cases.