Can I Sue the Rideshare Company for a Driver’s Negligence?

Determining who is responsible for your injuries in a rideshare accident is complex. Initially, the simplest solution may seem to be suing the rideshare company for a driver’s negligence. However, it is critical to note that rideshare companies maintain a staunch position that drivers for their companies are independent contractors. 

If you are trying to determine if you can sue a rideshare company for a driver’s negligence in California, contact Triumph Law, P.C. for answers. Let a rideshare accident lawyer in Sacramento review the facts in your case and determine if suing the rideshare company is an option to recover damages for personal injury. We remain focused on seeking the damages that benefit our clients most after a rideshare accident caused by driver negligence.

Rideshare Company Responsibility in California Accidents

You may be able to sue a rideshare company for a driver’s negligence if the accident meets specific criteria. California law requires rideshare companies to carry $1 million in liability coverage. However, the following criteria must apply to the accident:

• You are a passenger in a rideshare vehicle.
• You were driving or riding in an automobile hit by a rideshare driver.
• You are a bicyclist, motorcyclist, or pedestrian struck by a rideshare driver.

It may be possible to pursue compensation from a rideshare company when a rideshare driver is involved in an accident and has matched with a passenger and a ride has been accepted or a driver is actively engaged in transportation. Proving at what stage of transportation a driver is in often requires acquiring data from the rideshare App used to track a driver’s activity. Collecting evidence is one of the many ways a California rideshare accident lawyer can help.

A Driver Is Accepting Passengers But Is Not Matched or Transporting

You may still be able to receive compensation for your injuries sustained from a rideshare driver’s negligence if a driver has the App open and is waiting on a match. According to the rideshare insurance law above, drivers are still required to carry insurance in the event of an accident. Insurance is either available through coverage purchased through the rideshare company by the driver, or the driver may purchase their own commercial policy with the following minimum liability limits:

• $50,000 for injury involving a single individual
• $100,000 for injury involving multiple people
• $30,000 property damage

California law also requires rideshare companies to carry excess insurance of $200,000 to cover the time a rideshare driver is available with the App open and waiting for a matched passenger. The coverage provided when a driver is not matched or transporting is considerably lower than when a driver is actively matched or engaged in transportation. The injuries you sustain in an accident may exceed these available limits.

Passengers Injured by an Off-Duty Driver or Another Driver’s Negligence

Drivers who work for rideshare companies and are found negligent in an accident while off-duty should maintain personal automobile insurance to cover these damages. While they may work for a rideshare company, an accident occurring off-duty has no impact on a rideshare company’s responsibility for the accident. The option of suing the rideshare company for off-duty driver negligence will likely not apply.

However, passengers who are transported by a rideshare company and are injured due to negligence by another driver involved in the accident who is not insured may be able to file a claim against the rideshare company’s uninsured and underinsured policy. California laws also require these policies, which apply from when a passenger enters a rideshare vehicle until they exit the automobile.

If you are a rideshare driver injured by an uninsured motorist, these laws may cover you also. A driver logged into the rideshare App and waiting for a match who is injured in an accident involving an uninsured motorist may also be covered by the rideshare company’s policies for uninsured/underinsured motorists. Companies are required to carry $1 million in coverage of uninsured/underinsured motorist coverage. 

Negotiating with a Rideshare’s Insurance Company

As with any automobile accident caused by another driver’s negligence, allowing an experienced California rideshare accident attorney to negotiate a settlement or pursue legal action for you is always more beneficial. Rideshare insurance companies and agents work in their client’s best interests. Let Triumph Law, P.C. fight for your best interests.

When contacted by an insurance company, you are never required to give a recorded or written statement. Speaking with adjusters following an accident can be understandably intimidating. A rideshare accident attorney in California can mediate between you and the insurance company to ensure your statements are never misconstrued, and your injuries are taken seriously.

Specific laws and insurance requirements apply to the rideshare industry, varying from other automobile accidents. An intricate knowledge of these laws allows us to seek liability in court when a California rideshare lawsuit is necessary. While most claims settle out of court, the team at Triumph Law, P.C. has exceptional trial experience and will pursue a client’s lawsuit against a negligent rideshare driver in court when necessary. 

Proving Negligence in a Rideshare Accident

The injured party is responsible for proving negligence in any personal injury accident. In addition to proving negligence, you will also have to confirm the stage of driving activity the rideshare driver was in. The following elements must exist to prove negligence in a rideshare accident:

• The driver owed you an amount of care.
• The driver breached that duty and did not provide the standard of care.
• An accident occurred because of this breach.
• Your injuries resulted from the accident.

A passenger’s recovery is often directly related to their ability to receive medical treatment and care after a rideshare accident. Focusing on recovery comes at a critical time when negligence must be proven, and the responsible party should be held accountable for your injuries. Having an experienced team on your side allows these significant details to be sorted out and addressed promptly.

The Importance of Working with a California Rideshare Accident Attorney

Contact a rideshare accident lawyer in California who possesses extensive knowledge of rideshare laws to determine which party is responsible for your injuries in a rideshare accident. Our services are offered on a contingency basis, meaning there are no charges for our services unless we successfully litigate your case. Schedule a free consultation with Triumph Law, P.C., and have your questions addressed in over 50 languages, ensuring you feel confident in our services.