Rideshare companies have established a clear presence across California, but these organizations are also contributing to various traffic accidents. If you have suffered an injury due to a rideshare accident, you may have incurred economic and non-economic damages. These might include medical expenses, lost income, and emotional distress. While it is certainly possible to pursue compensation for these losses, navigating a rideshare accident in California can be slightly complex. In order to approach this situation in a confident, efficient manner, you might consider getting in touch with an experienced accident attorney. Choose a lawyer who has experience with these rideshare accidents.
Can I Still Sue After a Rideshare Accident in California?
The most important thing to realize is that even though these situations are complex, you are still within your rights to file a personal injury claim after an accident involving a rideshare vehicle. At their core, these accidents are similar to other crashes. They generally involve some degree of fault, and they result in legitimate injuries for innocent motorists. With help from a qualified injury attorney, you can pursue various routes toward compensation.
Why are Rideshare Accidents More Complex?
Rideshare accidents are more complicated because they involve multiple parties and multiple “layers” of insurance coverage. First, consider the fact that a rideshare accident could involve both the company and the individual driver. Typically, an injured plaintiff will name both parties as defendants in a personal injury lawsuit. The rideshare company is responsible for the conduct of their drivers, and their drivers are essentially their representatives on the road. On the other hand, the individual driver is clearly responsible for their own driving – including various forms of negligence.
Thanks to the concept of insurance, this situation is somewhat easier to approach. A typical Uber or Lyft driver can turn to various forms of insurance to cover damages that they cause on the road. This may include insurance policies that rideshare companies provide to their own drivers. Drivers may also have their own auto insurance policies that provide coverage when they’re not “on the clock” for Uber or Lyft. Although this provides plenty of opportunities for injured motorists to pursue compensation, it can be difficult to determine which of these insurance policies apply based on each situation.
Different Insurance Policies May Provide Compensation in Different Situations
The applicable insurance policy depends on the specific circumstances of each crash. Depending on what the rideshare driver was doing at the time of the accident, injured parties may have to pursue compensation from various policies. To make matters even more complicated, they may have to pursue compensation from various “layers” of coverage within individual policies.
This layered system applies to insurance policies that cover Uber and Lyft accidents. Various degrees of coverage may be possible depending on whether the driver was actively carrying passengers or simply “active” on the Uber app. For example, Uber’s full insurance coverage kicks in as soon as the driver begins transporting passengers. If they are “between fares,” however, the maximum insurance coverage may be lower under Uber’s layered policy. This might apply to a driver who is heading toward a pickup point with no passengers on board. It might also apply to a driver who is available to accept new fares but is still waiting for a ride request.
Generally speaking, insurance policies offered by Uber or Lyft do not apply if a driver was “off the clock” at the time of the accident. In this situation, the injured party would essentially treat this as any other traffic accident, and they may need to pursue compensation from the rideshare driver’s own auto insurance policy. In other words, Uber and Lyft could theoretically avoid any liability.
When is a Rideshare Driver “Off the Clock?”
A rideshare driver is “off the clock” when they are not engaged in anything that could possibly be interpreted as work-related duties. For example, an Uber driver might decide to grab a bite to eat between fares. If they pull into a restaurant parking lot or a drive-thru, they are clearly no longer acting as Uber’s representative on the road. As a result, Uber would not be liable for any accidents that occur – such as a pedestrian injury in the restaurant parking lot.
Many other situations could theoretically allow rideshare companies to avoid liability. For example, a rideshare driver might pull over to have a cigarette, park illegally, and cause an accident. They might also run a personal errand, such as picking up toothpaste at a drug store.
Note that it is obviously in Uber and Lyft’s best interests to avoid liability by claiming that their drivers were off the clock. An experienced auto injury attorney in California can push back against these claims – proving that an at-fault driver was engaged in work-related duties at the time of the accident.
What if I Cannot Sue Uber?
If you cannot sue Uber, you can still hold the at-fault driver responsible. This may provide compensation via their own auto insurance policy. The problem is that many Uber drivers fail to get the appropriate insurance policy for “commercial drivers.” A personal auto insurance policy will not provide any compensation whatsoever for accidents involving commercial endeavors. Many rideshare drivers are either unaware of this fact or willingly fail to get proper commercial driving insurance due to its higher cost. This can cause issues for injured plaintiffs seeking compensation, and it highlights the need to shift liability onto rideshare companies whenever possible.
Find a Qualified Rideshare Accident Lawyer in Rancho Cucamonga
If you have been searching for an experienced rideshare accident lawyer in California, look no further than Miracle Law, APC. Over the years, we have helped numerous injured plaintiffs – including those who have been hurt by Uber or Lyft drivers. We know that these accidents can be both traumatic and confusing – but you are not alone in your pursuit of justice. With our help, you can strive for the compensation you need for your medical expenses, missed wages, emotional distress, and more. Book your consultation today to discuss the most appropriate next steps.