What You Need to Know About Uber and Lyft Accidents and Who is Liable
Proving liability when an individual is involved in a car accident during an Uber or Lyft ride is an important step in getting insurance coverage for injuries. In California, an Uber or Lyft driver can have 3 levels of liability limits, depending on whether the driver had a rideshare passenger or is picking up an accepted ride, if the driver was logged into the app while waiting for a passenger, or if the driver was not logged into the app and was driving on his or her own time. Here is what you need to know about liability in Uber and Lyft accidents.
When an Uber or Lyft driver is involved in an accident, liability may depend on whether the driver was an employee, independent contractor, or driving on personal time at the time of the accident. This status may also affect how much the injured drivers/passengers can recover for damages in a personal injury lawsuit.
Related: Types of Damages in a Personal Injury Lawsuit
What Happens When a Passenger is Injured in an Uber or Lyft
Uber and Lyft are considered transportation network companies (TNCs) in California. Generally, passengers are covered by the ride-sharing company’s commercial liability coverage.
Related: Uber and Lyft Accident Statistics: Rideshare Collision Facts
If an injured passenger would like to make a claim against their specific driver, they can do so. It should be noted that if the damages experienced by the injured passenger exceed the driver’s insurance coverage, the passengers may also be covered under the ride-sharing company’s commercial policy.
If an individual is injured in a car accident while riding with Uber or Lyft in which another car caused the accident, the injured passenger may be able to file a claim against the at-fault driver. If the at-fault driver does not have the insurance to cover the damages, the rideshare company policy will generally cover up to $1 million per accident.
What Happens When an Accident is Caused by an Uber or Lyft
If a driver or passenger in another vehicle is injured by an Uber or Lyft, the injured would have a claim against the ridesharing driver. Liability depends on:
- If the driver is carrying a passenger or is going to pick up a passenger
- If the driver has the app turned on and is waiting for a passenger
- If the driver has no passenger and is driving on their own time
Similar to the policy for injured passengers riding in an Uber or Lyft, these policies typically cover up to $1 million per accident and limited coverage for damage to the driver’s car.
Instances That Can Reduce the Chances of Recovering Damages
Not wearing a seatbelt at the time of the accident with an Uber or Lyft driver can reduce the chances of recovering damages as well as limit one’s damage award. Failure to wear a seatbelt can be used as a defense in a car accident claim.
The driver can claim that the passenger’s failure to wear a seatbelt could have been the reason for the severe damages. The driver can defend themselves by stating that if the passenger would have worn a seatbelt, the damages would have been avoided or less severe.
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If you have any more questions Uber and Lyft accidents, contact us. Our experienced Uber/Lyft accident attorneys can help determine liability and ensure you receive the monetary compensation you deserve. Get your free consultation today!