When you are involved in a car accident, the most common scenario for seeking compensation for your medical bills and other losses is to file an insurance claim. The at-fault driver must pay for any injuries and damage they cause, and their policy is always in effect whenever a covered person is driving their vehicle. Although you may need to negotiate with the insurance company, the process is usually very straightforward.
When your accident involves a rideshare vehicle, the situation can become complicated. Whether you are hit by a rideshare driver or you are driving for Uber, Lyft, or another company, coverage depends on your rideshare status. Fortunately, a skilled California rideshare accident lawyer from Triumph Law can address questions about these concerns.
Situations Affecting Whether Rideshare Insurance Is in Effect
Regardless of whether you’re driving the rideshare vehicle or you’re hit by one, the most important factor determining who will pay for your injuries is the driver’s status at the time of the wreck. Rideshare drivers are contractors, not employees, so there are times when their personal automotive insurance is in effect. There are other times when Uber and Lyft policies apply. The key factor is the driver’s status, such as:
The Rideshare Driver Is Not Active in the App
If an Uber or Lyft driver does not have their app turned on or their status is “off,” their personal auto insurance is in effect. They must be in active status and searching for new riders to use company policies. In California, auto insurance laws require each driver to purchase minimum liability coverage in the amounts of:
- $15,000 for bodily injury per person
- $30,000 for bodily injuries per accident
- $5,000 of property damages per accident
If you are hurt by a rideshare driver who is not “on the clock” for the company, you will need to file your claim against their personal insurance. This can be a problem if your damages exceed their policy limits. In that case, you may need to file a personal injury lawsuit to recover the full compensation you require.
The Rideshare Driver Is Active without a Passenger in the Car
Different rules apply as soon as a rideshare driver turns their application on and marks themselves as available for rides. In this circumstance, the rideshare company’s policy provides for the following maximum amounts:
- $50,000 for bodily injury or wrongful death to any one person in an accident
- $100,000 for bodily injury or death to all persons in an accident
- $30,000 for property damages within any one accident
The driver is considered actively working for the company, and their vehicle “becomes” the company’s property. Therefore, Uber or Lyft assume responsibility for damages resulting from an accident their driver causes.
The Rideshare Driver Has a Passenger in the Car
When a rideshare driver has a paying passenger in their vehicle, they are covered by the maximum insurance policy from their company. Both Uber and Lyft offer liability insurance of at least $1 million for accidents that occur when their contractor is actively transporting a fare. Your attorney can also determine if any other parties have insurance coverage that may maximize your compensation, depending on the details of your accident.
Your Triumph Is Our Triumph
(916) 500-0000Filing a Claim After a Rideshare Accident
If you are in a rideshare vehicle when your accident occurs, you should call 911 for medical and police assistance. You should also contact the rideshare company to report the crash, sharing details of what happened and who you are. However, you should wait to have longer conversations with the insurance provider until you can speak with a California rideshare accident lawyer from Triumph Law.
Our team of reputable lawyers has the experience and skill to manage the complexities of rideshare accidents. Our attorneys and professional support staff work together to collect all needed information, calculate all losses, and speak with all insurance companies on your behalf. We protect you from being taken advantage of and work to help you get justice.
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Damages You Can Claim Following a Rideshare Accident
It will be crucial that your attorney collects all relevant evidence to demonstrate not only who was at fault in your crash but also the status of the rideshare driver. The insurance adjusters will likely try to argue their policy was not in effect during the accident, but your Triumph Law attorney will push back to demonstrate they are financially responsible when the evidence supports your claim.
Your lawyer will help you calculate the full range of your losses, including your current and projected expenses. The two main categories of compensatory damages are:
- Economic damages: These are items that carry set monetary value, such as medical bills, medications, rehabilitation costs, lost wages, physical therapy, and property damage.
- Non-economic damages: These losses address how your life has been affected by the accident. Your attorney will use special formulas to estimate the value of damages such as your emotional distress, loss of quality of life, or mental anguish.
If you have suffered serious injuries, your losses can be extremely high, causing you to worry about how you will afford legal representation. When you work with Triumph Law, we work on a contingency fee basis, so you won’t have to pay upfront for our services. Starting with a free consultation, you will not pay for our attorney fees unless we secure a settlement offer or jury award for you.
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Get Help Following a Rideshare Accident in California
Due to the confusing nature of insurance for rideshare companies and passengers, it’s important to seek the assistance of a skilled rideshare accident lawyer from Triumph Law in California. With more than 20 years of experience with personal injury and car accident claims, our team can aggressively represent you in the case of a rideshare accident. We explain the legal process and are with you every step of the way to ensure your case is as strong as possible.
Contact us to schedule your free case review today.