Getting into an Uber can be a convenient and cost-effective way to get around, but what happens if your uber driver gets into an accident while you’re in the vehicle? It can be a scary thought, but don’t worry – our Uber accident attorney Los Angeles have you covered. Let’s explore the insurance coverage that Uber provides for riders in the event of an accident, so you can rest assured that you’re safe and protected no matter where you’re headed.
Our Los Angeles Uber accident lawyers address frequently asked questions about the legal framework surrounding rideshare incidents:
Who is responsible for a ride-sharing accident in California?
In California, negligence is generally the determining factor in who is at fault for an auto accident. This lists incidents where an Uber vehicle was involved in a car crash. A careless driver compensates the other drivers and passengers hurt in the collision.
The injured plaintiff in a California vehicle accident lawsuit must show the following to be awarded damages:
- The defendant was obliged to exercise reasonable care for the plaintiff
- There was a negligent breach of duty on the part of the defendant
- The defendant’s carelessness had a major role in bringing about the plaintiff’s losses
A driver has a “duty of care” to exercise ordinary caution behind the wheel. A driver may be judged negligent per se if they breach a California traffic law whose primary purpose is to reduce the likelihood of injury and accidents (or presumed negligence). Because of this, there is a reasonable inference that the driver was careless because of the violation of the law.
Involvement in or causing a car accident while engaging in the following activities constitutes carelessness per se.
- Going through a red light
- Making or receiving a phone call
- Impaired driving, often known as driving under the influence (DUI), refers to operating a motor vehicle when in
- Additional regulations designed to prevent distracted driving
What if I was hurt while riding in an Uber?
A passenger injured in an Uber or Lyft vehicle may have a claim against the driver. If the damages, however, are more than the driver’s insurance will cover, the ridesharing company’s $1 million commercial policy may compensate the passengers.
If the collision was the responsibility of another motorist, the injured passenger or rider might seek compensation from that driver.
What if I was not wearing a seatbelt during the accident?
In a lawsuit arising from a car crash, the defendant may argue that the plaintiff was not wearing a seat belt as an affirmative defense. Because the passenger wasn’t wearing a seatbelt, the motorist who caused the crash might sue the victim for negligence. If the driver or passenger had been using a seat belt, their injuries would have been prevented or mitigated.
What happens if the Uber driver is responsible for the accident?
According to our Uber accident attorney Los Angeles, any Uber passenger or driver who sustains injuries while in the company’s service has the right to seek compensation. However, the Uber driver’s liability in this situation will vary depending on whether they:
- Is transporting or about to pick up a passenger
- Has no passenger and has not switched on the app
- Has turned on the app and is waiting for a passenger
Uber drivers involved in pedestrian and bicycle accidents
Accidents between pedestrians or cyclists and automobiles sometimes hinge on who is at fault. The failure of an Uber driver to yield to pedestrians, the driver’s pulling over in front of an oncoming cyclist, or the opening of a car door in front of an oncoming cyclist are all possible causes of vehicle-involved bicycle and pedestrian accidents.
How much liability insurance does the ride-sharing driver have?
In the state of California, drivers are mandated to carry liability coverage. Whether the car is being driven for business or pleasure affects the maximum coverage available in the event of an accident. Limits of liability insurance for commercial vehicles and common carriers may be higher than those for private vehicle owners.
Private passenger vehicles are required to carry at least the following levels of liability insurance: $15,000 for death or injury to any one person for any single accident; $30,000 for damages to be divided among all people killed or injured in any single accident; and $5,000 for damage to other vehicles and property.
An Uber driver’s level of responsibility for an accident may vary depending on the following circumstances:
- Has a passenger in the car or is picking up a passenger
- Is logged into the Uber app and waiting for a passenger
- Is not linked to the app and is driving on their own time, the driver’s liability is limited in one of three ways.
Consult a Uber accident lawyer Los Angeles from Point Law Group to know how much you can be awarded when you get injured during a ridesharing accident.
Driving with a ride-share passenger
When a ride request is accepted in progress, passengers usually have the most comprehensive insurance possible in case of an accident. Uber drivers are covered by insurance from receiving a ride request until the passenger is dropped off.
- If a rideshare driver causes harm to a passenger, another motorist, a pedestrian, or any property, this policy will pay up to $1 million in damages.
- The rideshare operator and their passengers are protected up to $1 million by “uninsured/underinsured motorist bodily injury coverage.” This applies when the at-fault driver does not have adequate insurance to pay for the damages.
Waiting for a ride-share passenger
Different insurance liability applies when a motorist has the ride-share app open but has yet to accept a request. When at fault, Uber drivers are covered for third-party responsibility.
Driving on personal time
If the app is turned off, the driver is responsible for paying for any damage to the car out of pocket. California’s usual liability insurance coverage for private automobile use is 15/30/5 minimum.
Who can I sue if I get hurt in an Uber accident in California?
When an Uber driver in California causes harm to another person, whether they are another motorist, a non-rideshare passenger, a pedestrian, or anybody else, the defendants will be determined by who is found at fault. A compensation claim might be made against the negligent driver. The injured party would sue the Uber driver if the driver was at fault for the accident.
Injured motorists or pedestrians might be unable to pinpoint what caused their collision. Therefore, they might end up naming every possible defendant. The “discovery” phase of a lawsuit can help establish who was at fault for an accident and whether or not other parties share the blame.
Is Uber liable for damages in a ride-sharing accident?
When an accident occurs due to a driver’s negligence, that driver is typically held financially responsible for any damages. While Uber’s added insurance may help, the driver is still responsible for paying any damages to anyone they harm. Regardless of whether or not the driver is an employee, Uber may be held directly or vicariously liable for the accident.
Liability for the driver’s negligence
In principle, a California employer will be held responsible for an employee’s negligent actions under the state’s “Respondeat Superior” statutes. The rideshare firm may be held liable if an employee/driver causes an accident while using a car.
Uber may be held accountable for the victim’s injuries if the company’s procedures for screening drivers or for using the app were inadequate.
If the ride-hailing services did not adequately vet their drivers or provide adequate training and oversight, they could face legal consequences. Employer negligence in hiring, training, or supervising could be the basis of a lawsuit filed by the plaintiff.
Speak with the Best Uber accident lawyer Los Angeles to help you if you get involved in an accident in/with a rideshare car.
What damages can I recover after a ridesharing accident in California?
Most of the time, the damages you can get in a ride-sharing accident are the same as in any other car accident. In an accident involving Uber, there may be compensation for:
- Medical bills
- ED treatment
- Damage to feelings
- Lost wages
- Lost the ability to make money
- Pain and suffering
- Disfigurement or loss of a limb
- Punitive damages in cases of carelessness, intent, or lying about what happened.
In the case of a fatal car accident, the people left behind may be able to get compensation for the loss of a loved one. Certain members of a deceased person’s family can file a wrongful death lawsuit in California to get compensation for:
- Funeral and burial costs
- financial losses
- Money to make up for the loss of support and companionship
Are Uber drivers considered employees or independent contractors?
Uber drivers are now considered independent contractors in California to avoid vicarious liability. Companies can decrease payroll tax obligations, benefit costs, and legal exposure by classifying personnel as independent contractors. This results in cost savings for the company.
This can sometimes let businesses circumvent federal and state laws protecting employees and employers. If a driver causes injury to another person while on the job, labeling the driver as an independent contractor can assist the business in avoiding legal responsibility.
Can I get damages if I am partially responsible for the accident?
Suppose you’ve been injured in an automobile accident and were even partially at fault. In that case, you may still sue for compensation under California’s “comparative fault” or “comparative negligence” rules.
Liability can be allocated amongst the persons involved using the principle of “comparative carelessness.” If the plaintiff was somewhat at fault, their compensation would be decreased.
Uber’s insurance providers may insist on privacy about any settlement proposals. Due to this, it is unclear how often Uber vehicles are engaged in accidents and what kind of compensation is offered to victims.
Are you hurt in a California crash with Uber, Lyft, or another rideshare company? Let us help you get compensated. We have the Best Car accident attorney Los Angeles and operate local law offices in and around many Californian cities and the surrounding areas.
Our firm’s attorneys have spent decades advocating for the rights of those who have suffered personal injuries. We represent victims of negligent acts that result in injuries, including car accidents, dog attacks, falls, and tragic deaths. Contact us if you’ve been hurt in a rideshare crash and want to find out who’s at fault.