Can I Still File a Claim if the Rideshare Driver Was Not at Fault?

You may suffer an injury in a ridesharing accident in which the Uber or Lyft driver was not at fault. In this situation, the rideshare company, an auto parts manufacturer, a government entity, or another party may be at fault or at least responsible for paying compensation. With help from a California rideshare accident lawyer, you may be able to file a claim against an at-fault party. 

At Triumph Law, P.C., we help ridesharing accident victims in any way we can. Our team can take a look at your rideshare crash case and help you figure out who is at fault for your collision. Contact us today to get started.

Who Is Liable in a Rideshare Accident

There may be multiple cars involved in your ridesharing accident. You may submit a claim against another motorist who was not the rideshare driver. Meanwhile, another driver may be able to file a claim against you. 

You may be able to submit a claim against a ridesharing company. For instance, Uber or Lyft may allow someone to drive for them in spite of the fact that they do not meet the requirements to work for their respective company. If this driver causes an accident, their employer may be held responsible. 

An auto parts manufacturer or government entity may be at fault in a ridesharing crash. If you suffer a catastrophic injury due to an accident that occurs due to a car product defect, you may be able to seek damages from the manufacturer. Or, if a government body did not address road conditions that contributed to your collision, you may be able to pursue compensation from this entity. 

How to Determine Fault in a Ridesharing Accident

Fault is determined based on negligence or when someone fails to act in a reasonable manner toward others. To prove fault after a rideshare crash, you must show a party acted recklessly or carelessly. This requires you to show the following negligence elements were present at the time of your collision:

• An at-fault party had a duty of care to avoid reckless and careless acts toward you. 
• This party violated their legal obligation toward you. 
• Because the party breached their duty of care, you were involved in an accident. 
• You incurred quantifiable or subjective losses because the party violated their duty of care.

The team at Triumph Law, P.C. has plenty of experience with car accident cases. We can review your ridesharing collision case and help you identify any at-fault parties. For more information, reach out to us.

Insurance Coverage for a Rideshare Accident

It is mandatory for drivers in California to have auto insurance. This applies to rideshare drivers and others. When someone works for Uber or Lyft, they may be protected by their employer’s insurance coverage when their ridesharing app is on.

If you get into an accident with a rideshare driver who is not at fault, you may still be able to submit an insurance claim. As an example, several motorists may be involved in your crash. You may notify your insurance company about your accident, and they can work with the insurers of the other drivers involved in your collision to help you get compensation from whoever is responsible. 

Even if you are in no way responsible for your ridesharing crash, you may struggle to get money from an insurance company. An at-fault driver’s insurer is more likely to look out for their client’s best interests over yours. If they succeed, you may wind up being solely responsible for your accident-related losses. 

Comparative Negligence in a Rideshare Accident

As a pure comparative negligence state, you may recover partial damages following a ridesharing accident in California. At the same time, an at-fault party may do everything they can to show you are partly responsible for your rideshare collision. This may allow a negligent party to avoid having to pay for all of your losses.

For example, you may seek $10,000 in damages in a ridesharing accident lawsuit. A judge or jury may find you are 20% responsible. If this happens, you may receive $8,000.

Your damages may be reduced by your percentage of fault after your rideshare collision. This applies even if you are 99% responsible for your crash. As such, it may be in your best interests to prepare an argument designed to help you prove another party is 100% responsible for your accident. 

Steps to Take After a Ridesharing Accident

According to research, more than 99% of Uber and Lyft trips are completed with no safety incidents being reported. Regardless, you may be involved in a ridesharing accident at any time. Here are tips to help you respond to a ridesharing crash without putting yourself or anyone else involved in danger:

• Notify the authorities. Call 911 to report your accident. 
• Speak to the police. Provide police officers with details about your crash, and they can prepare a collision report.
• Get medical care. Meet with medical personnel to treat your injuries.  
• Gather evidence. Use your smartphone to capture photos and videos of your injuries, any property damage, and the accident scene. 
• Request the contact information of people at the accident scene. Get the contact, driver’s license, and insurance information of other drivers involved in the collision and relevant details from anyone who saw your crash happen. 
• Do not take responsibility. Do not accept blame for the accident since this may hurt your chances of getting compensation from any at-fault parties. 
• Do not speak to an insurance company. If an at-fault party’s insurer contacts you and asks you to make a statement or release your medical records after your collision, do not share any information with them. 
• Be careful about what you post on social media. Do not publish photos or videos relating to your accident on social media, as an at-fault party and their insurer may try to use these to prevent you from getting compensation. 

In addition to these things, connect with a rideshare accident attorney from Triumph Law, P.C. We may be able to help you submit a claim for compensation against anyone who caused your collision. To request a free and confidential consultation, contact us today.