If your Uber or Lyft driver gets into an accident, under current procedures, everything is usually very straight forward.
The View of Minimal Trouble
An article in Fortune Magazine describes what happened from the viewpoint of a San Francisco Uber passenger when her Uber driver got into a significant fender-bender. In the wee hours of a weekday morning, a turn into a one-way street resulted in significant damage to the passenger door of another car. The Uber driver was shaken up by the incident and she reminded him that he had to pull over. The Uber driver assured his passenger that he would be able to drive her the rest of the way home, but she refused, saying that she would prefer to walk. She was sure that negotiations between the drivers would take considerable time. Corporate Uber called the passenger days later, was very apologetic and refunded the passenger’s fare. The driver had correctly reported the accident to Uber. The payment to the car sustaining the damage was covered by the James River Insurance Company.
Under a California statute that took effect in 2015, Uber and Lyft drivers must carry increased personal insurance while online to seek riders and even more coverage during the time of the trip itself (from acceptance of the ride to the drop off). There are gaps in the legal process if a passenger were to hail a ride and not using the Uber or Lyft app online. Under those conditions, the driver might not be covered under the increased insurance.
Beyond the Easy Cases.
The basics of handling accidents by Uber or Lyft drivers are straight forward. However, there are many situations where resolution may not be simple. Difficulties are going to get more complicated once, in the near future, Uber and Lyft begin employing self-driving vehicles. In Los Angeles and California, the law says that Uber or Lyft passengers are entitled to be fairly compensated for injuries after a ridesharing accident. Sorting out the fault and the compensation for parties in an Uber accident would be complicated. There are many possible classes of victims and potential causes of accidents. Either could be private vehicles, passengers, pedestrians, cyclists, motorcyclists, truck drivers, bystanders. All victims are entitled to fair compensation for their injuries. All causes of accidents have to be factored into the awards picture. An experienced Uber accident attorney, Lyft accident attorney, or rideshare accident attorney will be able to fully analyze any accident using techniques like accident reconstruction and employing experts in accident safety. Thorough legal investigation and casework an experienced attorney may find hidden insurance benefits and find the best medical and rehabilitation services available.
Uber and Lyft drivers themselves may have very complicated insurance cases especially if the rideshare driver feels that an accident was caused by another party, but the passenger feels their driver is at partly or fully at fault. The legal situation can be complicated if the insurance company decides to point its fingers at anyone other than the person whom they insure. A skilled rideshare attorney with years of experience could be the only one who can sort out such a case.
We don’t know exactly when self-driving cars will be introduced into the rideshare environment. The principles and practices of insuring Uber and Lyft passengers will become much more complicated then. In a given accident, the vehicle manufacturer, the writer of the software, or the makers of individual components of the complex system could be included in the distribution of blame. These factors may involve foreign entities or entities from other states with different laws. Insurance companies may begin to count on the fact that investigations would be too costly to pursue. It could be a lot more complicated to obtain just compensation for injuries.
Freeman & Freeman have successfully handled hundreds of Uber/Lyft cases since the inception of their services. These cases have become one of our largest specialties. Please contact us to learn more.