Uber Accident Attorney
Uber Accident Attorney Overview
Ridesharing platforms like Uber and Lyft have never been more popular and the trend does not look to stop any time soon. More riders are utilizing these platforms on a regular basis instead of public transportation or even their own private vehicles. Most of the time the ride goes smoothly and the driver gets you safely where you need to go. However, the same exact risks apply whenever you are traveling in a motor vehicle. Accidents happen everyday, especially here in South Florida. This is even more true if you are injured using electric scooters provided by these platforms. If you have been injured in a ridesharing accident, it is absolutely necessary to get a Uber accident attorney or Lyft accident attorney on your side almost immediately.
Ridesharing Companies or "TNC's"
Unfortunately, the “Transportation Network Companies” or TNCs like Uber and Lyft make a regular business practice of disassociating themselves from the negligent drivers on their network. They disclaim any relationship as soon as possible to avoid legal liability for any crash. These companies have big pockets and have used their influence to successfully lobby our state legislators to have their drivers classified as “independent contractors” instead of regular employees. Their efforts make it legally challenging – but not impossible – to hold the companies themselves responsible for the negligence of those same drivers.
Coverage-Specific Issues with Ridesharing Companies
If you have been injured in an Uber accident or Lyft accident the first question to answer is what coverage applies. The only way is to determine the status of the rideshare driver at the time of the crash, as well as the status of the injured party. Different coverages apply if the driver was merely “on the network” but not engaged in an active “ride” or “trip” when the accident occurred. There are also different levels of coverage applicable to injured riders inside a rideshare vehicle versus individuals in another vehicle involved in the accident. These are complex issues and all the more reason to have an experienced Lyft or Uber accident attorney on your side from the beginning. A good attorney will make sure that the right parties are held responsible and all applicable coverage is identified to compensate you for your injuries.
The following is an overall breakdown of what coverages might apply and when based on the nature of your particular rideshare accident case:
Driver Engaged in a “Trip” or On Way to Pick Up a Rider:
TNC commercial coverage applies in this instance whether the injured party is a rider in the rideshare vehicle, a different individual in another involved vehicle, or a pedestrian. The limits are up to $1 million for bodily injuries to first and third parties. If you are a rider in the vehicle, the coverage may be far less as Lyft and Uber have begun to reduce their insurance coverage for their very own customers in recent years.
Driver is on the Network and Awaiting Ride Request:
TNC commercial coverage still applies but it is much less because while driver is “on network,” he/she is not actively engaged in providing rideshare services at the time of the accident. In this case, the coverage is $50,000 in bodily injury coverage to each injured party with a total of $100,000 available to all injured parties combined in a single accident, regardless of how many people were hurt. Note that this coverage will only apply if the injured party does not have their own policy to pay for their damages.
Driver is Off the Network and Off Platform Entirely:
If the rideshare driver is completely off the rideshare application, not on a trip, and not awaiting new ride requests, there is no TNC commercial coverage at all. In this case, the driver’s own private auto insurance applies as with any other car accident.
Regardless of the circumstance, you can see that identifying the parties and companies at-fault is only part of the battle. Meanwhile, expect a fight from Lyft or Uber to deny responsibility for the crash, deny your injuries, to deny a relationship with their driver, and possibly even deny coverage.
Proving your Uber/Lyft Accident case
As with all rideshare accidents, an injured party has to demonstrate that there was negligence, i.e., a failure to act reasonably, on the part of the Uber or Lyft driver in order to recover compensation from them and/or the company like Uber or Lyft. Compensable injuries include medical bills in the past and future – especially for permanent injuries, in addition to pain, suffering, mental anguish, and lost wages in the past and future. Proving negligence requires photographs, statements, and witnesses. With ridesharing accidents, it is important to take screenshots of your cellular phone to demonstrate that the driver was engaged on a “trip” at the time of the crash or download your ride history. It is also important to report the accident through the ridesharing application so there is an immediate record of what took place. Uber and Lyft both have teams of representatives on standby to document the information in real-time and they have to produce this information later if an injured party pursues an injury claim.
The team at Santana Injury Law is experienced in Uber and Lyft accident investigations and claims. We get to work today on your claim and get you the most compensation for your injuries. Call now for a free consultation with an experienced Uber accident attorney or Lyft accident attorney.
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