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Car / Uber Accident Lawyer


Car / Uber Accident Lawyer And Everything You Need to Know.

Uber/Car Accident Lawyer: This article discusses vehicle accident lawyers and attorneys who assist victims of Uber drivers’ irresponsibility. Although ridesharing services offer a practical substitute for cabs and taxis, accidents still occur as a result of them.

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Car Accident Lawyer

To get around, millions of us utilize Uber and Lyft. They are far more affordable and hygienic than regular cabs. But what occurs if an Uber or Lyft accident results in your injuries? Alternatively, if a ridesharing car strikes you as you’re crossing the street.

Car and Uber are frequently featured in the press. It might be challenging to keep up with everything, from recently passed rules addressing the employment status of rideshare drivers here in California to Lyft’s improved driver background checks. To best represent you, a car or Uber accident attorney at The Dominguez Firm is knowledgeable about all aspects of the law and rideshare businesses. If a car or Uber collision results in injuries.

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An Uber driver may hurt another driver, a passenger, pedestrians, or cyclists depending on the circumstances of a case. Broken bones, neck injuries, brain injuries, and back injuries are common injuries in these situations.

Victims hurt in Uber accidents can generally file a personal injury claim or lawsuit against:

  • The negligent Uber driver,
  • Uber, and/or
  • Any applicable insurance policy (including a policy with a driver’s own insurance company and Uber’s insurance company).

Our attorneys can file an Uber lawsuit against one of the above parties on a victim’s behalf. They can also:

  • help clients manage their medical treatment,
  • investigate an injury case and gather pertinent evidence, and
  • file a personal injury claim with the pertinent insurer.

The Shouse Law Group is a California-based personal injury law firm that represents people injured in Uber and rideshare vehicle accidents. We work tirelessly for all our clients and seek to get you the biggest settlement possible.

What are Common Types of Uber Accidents and Injuries?

While rideshare companies and California Uber vehicles are still relatively new, they cause a quite high number of accidents and personal injury cases.

Common accidents include:

  • Uber drivers hitting pedestrians and bicyclists,
  • Uber vehicles causing an accident with other motorists,
  • Uber customers getting hurt in an auto accident with another motor vehicle.

People involved in Uber-related accidents can suffer a wide variety of injuries. Common ones include:

  • head or brain injuries,
  • neck injures (for example, whiplash),
  • concussions,
  • broken bones, and
  • back injuries.

Who can injury victims sue following an Uber Accident?

People injured in a rideshare accident can file an Uber accident claim against:

  • the negligent rideshare driver,
  • the driver’s insurance company, and/or
  • the rideshare company.

Note that Uber used to try to avoid liability in these car accident cases by showing that their drivers were not employees, but were rather independent contractors. However, California Assembly Bill 5 (AB5) is a piece of legislation that went into effect on Jan. 1, 2020. The new California law requires many companies that hire independent contractors, including Uber, to reclassify them as employees. Now, people hurt in rideshare accidents can attempt to include Uber in a personal injury case.1

It is important for injury victims in Uber accidents to be familiar with the insurance coverage available in these cases.

The minimum amount of liability insurance/liability coverage for a non-rideshare driver is $15,000/$30,000 in bodily injury liability per person/per accident, and $5,000 for property damage.2

But, according to Riverside Uber accident lawyer Neil Shouse, drivers are required to carry a personal auto insurance policy that covers:

  • $50,000 in bodily injury liability coverage per person,
  • $100,000 in bodily injury liability coverage per accident, and
  • $30,000 in property damage liability insurance.3

Further, Uber maintains a driver’s insurance policy of $1,000,000 that is available in some cases.

Uber accident victims who successfully file an accident claim can use the above motorist coverage to receive financial compensation for:

  • medical bills and medical expenses,
  • lost wages,
  • lost earning capacity,
  • property damage, and
  • pain and suffering.

Further, if a victim was killed in an Uber accident, the decedent’s remaining family members can bring a wrongful death suit to try and recover:

  • burial and funeral expenses,
  • amounts the deceased would have earned as income, and
  • compensation for the loss of the deceased’s companionship and support

How Does Compensation Work in an Uber Case?

Most people hurt in an Uber accident receive compensation by filing an injury claim with an insurance company. This means that if an Uber car was in an accident, and either the passenger in the car or the driver of another car was injured in the collision, then the victim can file a claim with either:

  • Uber’s insurer, or
  • the personal insurance policy of the Uber driver.

The answer of which one applies depends on the time of the accident.

There are four main periods when an Uber accident can take place:

  • period 0 – the time period when an experienced Uber driver has not logged into his/her Uber related app and is not looking for customers,
  • period 1 – the time when the driver is logged into his/her app but has not located or found a customer to transport,
  • period 2 – the time frame when a driver has accepted a customer but has not picked that person up yet, and
  • period 3 – the time when a customer is in the rideshare car, from the moment of pick-up to drop-off.

Compensation During Period 0

When drivers are not logged into their Uber app, they are not technically commercial drivers. They are driving for their own personal use. This means if a person is injured in a collision caused by an Uber driver during period 0, the party cannot file a claim under Uber’s company policy. Rather, the driver files a claim under the at-fault driver’s personal insurance policy.

Compensation During Period 1

Once logged into their Uber app, drivers are operating their vehicles for commercial purposes. If the driver injures another motorist or passenger during this time, the victim first files a claim with the at-fault driver’s policy and then with Uber’s insurer.

Compensation During Periods 2 and 3

Uber provides liability coverage in these time periods in the amount of $1 million. However, the coverage only applies after an injured person files a claim with the Uber driver’s own insurance. These rules mean that if a rideshare driver injures a passenger or motorist, the victim first files a claim under the at-fault driver’s policy. If the driver doesn’t have insurance, or if the amount of a person’s damages is above the driver’s policy limits, the victim can file a claim with Uber’s insurer.

What is the Role of an Uber Accident Lawyer?

Rideshare accident attorneys play a vital role in these types of cases.

A personal injury lawyer usually performs the following in the life of an accident case:

  1. interviews the accident victim, or his/her surviving family members, to learn the facts of the case and discuss legal options,
  2. helps the victim get initial medical attention and assists the party in managing his/her medical treatment,
  3. investigates the cause and circumstances of the accident,
  4. finds any experts to assist in the case,
  5. issues a demand letter on behalf of the accident victim, and
  6. files a lawsuit on the victim’s behalf.

Note that a “demand letter” is a document that a personal injury attorney sends to Uber or one of its drivers informing that the victim intends to file an injury claim with the party’s insurance company.

What are the Benefits of an Uber Accident Attorney?

Uber lawyers provide a host of benefits in rideshare cases.

Lawyers understand the fair value of a claim or lawsuit. This means they will hold negligent and at-fault parties to pay their fair share of a victim’s damages.

Attorneys can also spot hidden value in these claims to help maximize a victim’s compensation.

Law firms and attorneys also handle the complexities of a case so that victims can take the time to heal.

Most lawyers provide a free case evaluation. A free evaluation means injured parties can get their legal questions answered without spending a dime.

Note that the information a party provides to an injury lawyer is protected by the attorney-client relationship. This means an attorney cannot disclose this information to a third party unless the client agrees.

FAQ About Uber Accident Lawyer

What Should I Do If I’m Involved in an Uber Accident While Riding as a Passenger in an Uber Car?

  1. Safety first.  Your driver should know to move the vehicle to a safe area away from traffic, but don’t hesitate to remind them. Make sure they pull off to the shoulder of the road or otherwise out of the flow of traffic. Check yourself and others for injuries right away, but only if it isn’t dangerous and you feel well enough to do so.
  2. Contact the authorities.  As with all motor vehicle accidents, you should call 911 immediately.  If anyone has been seriously injured, request an ambulance.  Even if you are not visibly injured, seek medical attention right away. You may still be in shock and unaware of any injuries yet. Also, insist on filing a police report. A police report will be extremely important if you want to pursue legal action.
  3. Gather evidence.  Make sure you have accurate information about your Uber driver: name, license number, and insurance information, as well as any other parties or witnesses to the Uber accident.  If possible, photograph any visible injuries and damage to all vehicles involved.  Take note of where and when the Uber accident took place.
  4. Talk to a lawyer.  Talk to an accident lawyer.  If you were injured in the accident, talk to an Uber accident lawyer at The Dominguez Firm right away. They will be able to advise you about your legal options, and the next steps to take.

An Uber Hit Me, What Should I Do?

If you’re struck by an Uber car as a pedestrian or while driving your vehicle, you have the same rights as an Uber passenger who’s injured in an accident. Your safety should be your first priority and you should follow the 4 suggestions detailed in the previous answer.

Any pedestrian struck by a motor vehicle, Uber or otherwise, will often suffer serious injuries. Even if you think the impact was just a “bump”, seek medical attention right away. Then contact an experienced rideshare attorney right away to go over your accident.

I Was in an Uber Accident While Driving for Uber, What Should I do?

If you were injured in an accident that was not your fault while driving for Uber, contact an Uber accident lawyer who knows the laws surrounding rideshare accidents right away. Uber has developed a justifiably bad reputation for how it treats its drivers and with the passage of California Assembly Bill 5, the legal waters are now murkier. Gone are the days when Uber could avoid any financial responsibility for driver injuries in accidents by claiming they were independent contractors, not employees.

Because of all of the confusion still surrounding this new law, it’s best to call an Uber accident lawyer at The Dominguez Firm. We’ll stand up for your rights and make sure you receive the compensation you deserve.

I Don’t Feel any Pain After my Uber Accident, Should I See a Doctor?

Yes! It’s very common for accident victims to not feel any pain or symptoms hours or even days after an accident only to suddenly experience severe pain and discomfort. Also, not seeking medical attention right away can hurt your case. A paper trail of medical treatment is the most powerful evidence you as a plaintiff can present.

How Long Do I Have to File My Uber Accident Claim?

The time limit to file a personal injury claim is known as a statute of limitations. Here in California, it’s two years from the date of your rideshare accident.

If a federal, state or municipal vehicle was also involved in your Uber accident (it doesn’t matter whether you were the passenger, pedestrian or driver), you have six months from the date of the accident to file a personal injury claim against them.

The statute of limitations for accidents with government vehicles is only six months. If this describes your situation, call the Uber accident attorneys at The Dominguez as quickly as possible. Six months is a very short amount of time and once it passes, you have no legal recourse, no matter how serious your accident and injuries were.

How is Liability Determined in an Uber Accident?

As with all car accidents in California, an Uber driver will be held liable for injuries to their passengers if they were responsible for the accident.  If the driver of the other vehicle in the accident was responsible, then they are liable for your injuries.

What makes Uber unique is that unlike a taxi, the driver is using their vehicle to transport passengers. That’s why Uber requires them to have personal insurance policies. However, as previously stated, these policies do not cover accidents that occur while the driver is driving for Uber. That’s because they are operating their vehicles in a commercial capacity. If the Uber driver is liable, then Uber’s insurance is expected to cover the accident.

Why Should I Hire an Uber Accident Lawyer After My Accident?

If you’ve been injured in an accident involving an Uber car, you should call the Uber accident attorneys at The Dominguez Firm immediately. Dealing with any rideshare accident can be difficult. These cases are more complex and difficult to handle on your own. Several parties may be involved, and the laws are always changing. And frankly, Uber does not have your best interests in mind. Our attorneys can handle all communication with Uber and any other parties or insurance companies effectively.

The Uber accident attorneys at The Dominguez Firm can also gain access to information that you may not be able to. For example, Uber’s driver monitoring information. This lets Uber see how their drivers behave on the road by keeping tabs of how fast they drive, any hard braking or sharp turns they take.

A Lyft Car Hit Me, What Should I Do?

Being hit by any car while crossing the street can result in very serious injuries. The first thing you should do is seek immediate medical attention. Then you should speak to the Lyft accident attorneys at The Dominguez Firm. You’ll undoubtedly have medical bills and may not be able to work for some time due to your accident. Our accident lawyers will negotiate with Lyft and their insurance company on your behalf so you can concentrate on your recovery.

I Don’t Feel Any Pain After My Lyft Accident, Should I Still See a Doctor?

Absolutely, yes! Pain and symptoms can take several hours or even days to appear. Besides, you may have internal injuries that you aren’t aware of. At the very least, you should seek medical treatment as a precaution, even if you think you’re not injured.

Also, not seeking immediate medical attention can weaken your claim. Lyft and their insurance company will question why you delayed seeing a doctor as a means to weaken your claim.

What are the Lyft Insurance Policy Limits?

Like Uber, Lyft divides its insurance into two categories, when the driver has the app on but isn’t on their way to pick up a passenger or have a passenger in their vehicle. That’s Period 1. The insurance policy limits when the Lyft driver is in Period 1 are:

  • $50,000 of bodily injury liability coverage per person injured in an accident
  • $100,000 of bodily injury liability coverage per accident
  • $30,000 of property damage liability coverage per accident

For Periods 2 and 3:

Once the Lyft driver has accepted a trip, they are in Period 2. When they pick up a passenger, they are in Period 3.

In both Periods 2 and 3, Lyft provides drivers with:

  • $1 million in commercial auto insurance.
  • $1 million in uninsured/underinsured motorist coverage.

If the driver was offline when the accident occurred, then their personal auto insurance must cover the accident.

Can I Sue Lyft After an Accident?

It depends. If you were a passenger in a Lyft car, you are covered by the company’s commercial auto insurance policy. The good news is their drivers carry over $1 million in insurance, as you can see above. The bad news is their insurance will often attempt to make lowball offers to injured passengers. If that happens, then you’ll need a Lyft accident attorney to obtain a fair compensation amount.

If another driver caused your accident while you were riding as a passenger in a Lyft car, you can file a claim against that driver. If that driver does not have insurance, Lyft will cover any damages for up to $1 million under their uninsured motorist coverage.

What Compensation Can I Receive After My Lyft Accident?

California allows accident victims to collect damages (legal speak for financial compensation) for their injuries and subsequent expenses. If the defendant acted in a particularly reckless or irresponsible manner, the court may also grant a victim punitive damages, but this is not common.

There are two types of damages:

  • Economic – Economic damages can easily be calculated. All of the victim’s expenses related to their accident are added up to arrive at an amount. Economic damages can include (but are not limited to):
    • Medical bills
    • Property damage
    • Lost income
    • Loss of earning capacity
  • Non-economic – There is no set formula for figuring out non-economic damages. Some of these damages are:
    • Pain and suffering
    • Emotional distress and trauma
    • Losses related to disability or physical impairment
    • Losses related to permanent disfigurement
    • Loss of enjoyment of life

California has no cap on a personal injury victim’s compensation amount.  If a case goes to trial, a jury is allowed to award the victim any amount they consider reasonable based on the evidence and the victim’s estimated losses.

Should I File a Claim with Lyft After My Accident as Well?

Lyft is notorious for poor customer service. The rideshare company was in the spotlight earlier this year due to its poor response not only to car accident victims but to victims of sexual harassment as well. In response, Lyft has introduced new, more stringent driver background checks and improved customer service.

In spite of all that, if you were injured or harassed in a Lyft car, you’re much better off contacting our experience Lyft attorneys than trying to solve anything through Lyft itself. Simply put, Lyft is a business out to protect its interests. You need an accident lawyer who is part of a powerhouse team, who is on your side, ready to fight for your rights. You need the lawyers at The Dominguez Firm.

What’s the Deadline for Filing a Lyft Accident Claim?

You have two years from the date of your accident to file a claim against Lyft in California. This is known as a statute of limitations. If another vehicle was also involved and it belonged to a government entity (for example, a postal truck or a municipal utility truck), you only have six months to file any claim against them if they also contributed to the accident.

No matter what the circumstances of your accident, it’s always best to call a Lyft accident lawyer as soon as you can to go over your case.

How is Liability Determined in a Lyft Accident?

Liability is determined just as it would be in a regular car accident. California is a comparative fault state. That means that even if you are partially to blame (liable) for your accident, you can still file a claim if you’re injured in an accident with a Lyft car.

One of the reasons why a Lyft accident claim can be more complex is because a Lyft driver is using his or her car to drive passengers. Multiple parties may be involved, including more than one insurance company. In addition, Lyft has also been criticized for proving poor customer service to its customers after an accident, even if there are injuries involved. If you’ve been injured in an accident with a Lyft car, the best course of action is to contact The Dominguez Firm right away.

Why Should I Hire a Lyft Accident Attorney?

Lyft has access to the finest legal representation and so should you. Do you really want to take them all on by yourself? A Lyft accident lawyer knows what the current laws are and how to negotiate with everyone involved. If you’ve been injured, you have medical bills to deal with and may also be unable to work. We can take care of everything for you while you concentrate on feeling better during this stressful time.

If you have any questions concerning Uber/Car Accident Lawyer, please feel free to use the comment box below and ask us your question. We will be very pleased to answer you.

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