According to the Pew Research Center, 36% of adults said they had used a ridesharing service such as Lyft or Uber in late 2018, an increase of more than double from 15% in 2015. By the first quarter of 2020, Uber alone provided passengers with nearly 1.7 billion rides worldwide, generating almost $16 billion USD in bookings.
Advocates of ridesharing appreciate the eco-friendly convenience, especially in big cities that make driving more difficult or after nights out on the town. While these services certainly have their advantages, they also require that the passenger trust the driver they book to make responsible decisions on the road to protect them from harm. When drivers fail to do so, serious injuries can result.
If you suffered an injury or lost a loved one as the result of an Uber or Lyft collision, an Oakland ridesharing accident lawyer can help you determine if you have a case. Call Ben Crump Law, PLLC today at (844) 730-0233 to speak with our legal team about your free case evaluation.
Liability in a Ridesharing Accident
In the State of California, the at-fault driver in a motor vehicle accident must cover damages for the victims’ injuries and property damage. This includes not only the driver of the other vehicle, but also their passengers and the other driver’s passengers.
According to Geico, California requires drivers to carry the following minimum policy coverage:
- Bodily injury liability (BIL): $15,000 per person/$30,000 per accident
- Property damage liability (PDL): $5,000
- Uninsured BIL: $15,000 per person/$30,000 per accident
- Uninsured PDL: $3,500
Drivers can choose to pay a higher premium for more coverage, and victims can pursue further damages in court if the policy does not provide adequate coverage for their losses. However, depending on the company, rideshare drivers must often carry insurance with higher coverage amounts for your protection in the event of an accident.
Rideshare Insurance Policies
Uber and Lyft drivers must have rideshare insurance in addition to their personal coverage, which becomes active only when the driver makes themselves available on their respective app. During Period 1, in which drivers wait for a ride request, their rideshare insurance only covers liability. During this period, Oakland rideshare drivers must have:
- $50,000 in BIL
- $30,000 in PDL
- $200,000 in excess liability
A driver reaches Period 2 when they accept a request and begin their trip to pick up a passenger. Period 3 starts when they have a passenger in their vehicle. At this point, drivers must have $1 million in liability coverage.
While the driver must pay monthly for these policies, they only kick in when each situation applies. When a drive switches off the app, they have coverage only under their own personal insurance policy. Because California law requires Uber and Lyft drivers to carry rideshare insurance, they may face charges if they are involved in a car accident without it.
If you suffered injuries as a passenger in a ridesharing vehicle, the driver’s insurance policy may cover your losses. An Oakland ridesharing accident lawyer can help you assess your damages and seek fair compensation for your injuries.
Collisions with Ridesharing Vehicles
If an Uber or Lyft driver strikes you in your vehicle, on your motorcycle, on your bicycle, or while walking, their rideshare policy may cover your injuries as well as their passengers. However, you can also pursue additional compensation, such as pain and suffering for your emotional, physical, and mental trauma. If their insurance policy does not adequately cover your damages, you may also file a claim for additional financial recovery from the driver themself.
For a free legal consultation with a ridesharing accidents lawyer serving Oakland, call (844) 730-0233
Financial Awards for Ridesharing Accident Injuries
In most cases, the driver’s rideshare insurance should cover your damages if they hold responsibility for the accident. However, insurance companies have notoriously unethical practices for undermining victims’ injuries and offering them far less than they deserve. If any insurance company, even your own, offers you a settlement before you have even had a chance to evaluate your damages, we encourage you to contact Ben Crump Law, PLLC for a free review of your case.
The types and amounts of financial awards you may receive vary based on the circumstances of your case, but they may include payment for:
- Medical bills
- Medical equipment and medications
- Transportation to medical appointments
- Lost wages from missed time at work
- Loss of future wages if you cannot return to work right away or at all
- Noneconomic damages (pain and suffering)
- Funeral and burial expenses if you lost a loved one in the accident
An Oakland ridesharing accident lawyer can help you pursue adequate compensation for your injuries.
Oakland Ridesharing Accident Lawyer Near Me (844) 730-0233
Statute of Limitations on Ridesharing Accident Claims
While California’s fault state status gives you the right to sue the at-fault driver for damages in a ridesharing accident, you have a limited amount of time to pursue your claim. As a general rule, you have two years from the date of the accident to file a personal injury claim or three years from the date of the accident if you wish to file a claim strictly for property damage. If you lost a loved one in the accident, the law allows you two years from the date of accident to file suit.
If you do not file your claim within the statute of limitations, the court will likely throw it out, and you will no longer have the opportunity to pursue compensation. An attorney can help you start the process as soon as possible so you do not miss the deadline.
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While ridesharing may offer passengers convenience, it has its downsides, too. According to U.S. News & World Report, researchers have found a correlation between the use of ridesharing services and a rise in car accidents. The accident report might state that your ridesharing driver was using their phone at the time of the crash and is responsible for the collision.
If their insurance policy does not adequately cover your damages, you may also file a claim for additional financial recovery from the driver themself. Many ridesharing drivers are classified as independent contractors. We can explain how this could affect your case.
Filing a claim on your own may feel confusing or intimidating, but you do not have to navigate the legal system alone. Call us today at (844) 730-0233 to speak with our legal team about your case.
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