Lyft and Uber Accident Attorney Los Angeles
Los Angeles Uber & Lyft Accident Lawyers
With just a few clicks and swipes on the phone, Uber and other rideshare apps have revolutionized the commuter industry. Convenience and a user-based rating system sealed the deal. However, just like any other vehicle, stepping into a rideshare car or Uber ride means you put yourself at risk for getting into a car accident.
If you’ve been injured in a rideshare accident with Lyft or Uber, you can face a maze of complicated insurance policies and legalese.
At MKP Law Group, LLP our attorneys exclusively represent injury victims. Having an experienced Los Angeles Uber accident lawyer working with you will ensure you get the maximum compensation for injuries from your rideshare accident.
We always work on what is known as a contingency fee basis, meaning WE DON’T GET PAID UNLESS WE WIN. There are no upfront, out-of-pocket costs to our clients.
Call us today at 310-285-5353 to schedule your 100% free consultation.
Why Hire One of Our Los Angeles Uber Accident Lawyers For Your Rideshare Accident?
Insurance claims are already complicated. Those involving Uber and Lyft car accidents can be even more complicated. Our experienced team will thoroughly investigate your case, collect evidence, and help determine how much you can ask for in your settlement. Often insurance companies offer very low settlements. Working with one of our Uber Accident lawyers can help make sure you maximize your settlement.
We also work closely with a team of medical experts throughout Los Angeles and California to ensure that you or your loved one receives top-notch medical care for a speedy and healthy recovery while we deal with the driver and rideshare insurance companies.
MKP Law Group, LLP’s team strives to make the process as easy and quick as possible for you. We work on cases throughout the State of California. Contact us at 310-285-5353 to schedule your free consultation.
All of our cases are on a contingency fee basis, meaning if we don’t win your case, you don’t owe us a dime.
What to do after a Rideshare Accident?
If you are a passenger involved in a rideshare accident, there are certain steps that are best to follow to keep you safe. These cases can be complicated, especially if those involved in the accident don’t follow the appropriate steps.
Remember, whether your injuries are severe or not, it is important to visit a healthcare provider as soon as possible.
What to do if you are hurt in a Lyft or Uber car accident:
1. Contact the Police to Generate a Traffic Collision Report
It is helpful to have an official police report, known as a Traffic Collision Report, documenting your rideshare car accident. If you are a passenger, it can be especially useful if you feel that the rideshare driver of the car is at fault. Police reports will provide insurance information for all vehicles involved in the accident, which allows our Los Angeles Uber accident attorneys to pursue claims against all parties, not just the Uber or Lyft driver.
2. Document Your Lyft or Uber Trip Information
Be sure to screenshot or otherwise save the trip information to document the trip and accident. Additionally, taking photos of the Uber car accident or the situation of the car crash scene as soon as possible can make or break a case. Having photos and videos of the unaltered crash scene can help determine who was at fault in the Lyft or Uber car accident.
3. Seek Medical Attention
If you are an accident victim and have severe injuries from a rideshare car accident, you should seek immediate medical attention for your injuries. Be sure to document your doctor appointments and medical bills.
Important: Even if you don’t think your injuries are serious, it is better to visit an emergency room. You may have suffered from internal injuries or eventually experience delayed-onset injuries. Having thorough documentation of this process is crucial to building your rideshare, Lyft, or Uber accident case.
4. Call an Expert Rideshare or Uber Accident Attorney in Los Angeles
Lyft and Uber car accident insurance claims are complicated. The legal team at MKP Law Group, LLP is experienced in handling insurance claims to help injured people recover the maximum financial compensation they deserve.
Remember, our team is always ready to take your call and offer you our expert opinion. If you or a loved one have suffered serious injuries as a result of an Uber or Lyft Rideshare car accident, contact us now for a FREE consultation to discuss your legal options with an experienced Los Angeles Uber car accident attorney.
Complexities and Issues with Uber and Lyft Car Accidents: Liability & Insurance
Whether you are a Uber or Lyft driver or one of their passengers, victims of rideshare accidents are often confused as to what to do.
- Who is responsible for the injuries?
- Do you, as the passenger, sue the Uber driver, the rideshare company itself, or the other vehicle that struck the rideshare vehicle?
- How do you determine who is at fault?
Drivers for rideshare companies often have to deal with two insurance companies: their personal auto insurance carrier and the rideshare company’s carrier. Plus, there are specific California laws that come into play.
With multiple insurance company’s claims, insurance coverage variations based on stages of the rideshare trip, and frequent disputes as to who was at-fault for the accident, it is highly recommended you hire an experienced Los Angeles Lyft or Uber accident lawyer to figure out the proper steps to follow. MKP Law Group, LLP’s legal team delivers support and know-how to fight for their clients to get the compensation they deserve. Whether you are a passenger in a Uber or Lyft car accident, a driver, or someone else injured in a rideshare accident, the team at MKP Law Group, LLP is experienced, attentive, dependable, and tenacious so call us today at 310-285-5353 to schedule your 100% free consultation. Remember, all of our cases are on a contingency fee basis, meaning if we don’t win your case you don’t owe us a dime.
Needless to say, accidents involving Uber and Lyft can lead to much confusion for both drivers and passengers.
Ridesharing Laws: Insurance, Laws, and Liability for Uber or Lyft Accidents in California
In California, there have been specific laws enacted to help the legal system better explain the working status of employed rideshare drivers. Between their recently defined employee (not independent contractor) status and the 3 phase system that impacts rideshare driver’s insurance liability, understanding certain components of the system are crucial to moving forward knowledgeably with your case.
Lyft or Uber Driver Insurance
Uber and Lyft require that drivers have personal auto coverage. However, drivers’ personal insurance will almost always not apply while drivers are logged in on Lyft or Uber’s application and are actively working.
While a driver is logged into the application, the rideshare company’s insurance covers the vehicle while the car is in the process of transporting a passenger. It’s important to know that the company’s insurance coverage varies based on the stage of the ride, also known as Rideshare Periods.
What are the 3 Rideshare Periods?
If you are a rideshare driver, the insurance liability coverage varies based on Rideshare Periods. These periods change depending on what the driver is doing.
- Period 1 is when the driver turns on the rideshare application. This period is better defined as the waiting period while the driver is “on the clock” and actively ready and waiting for a rider to confirm a trip. During Period 1, the insurance liability coverage for Uber and Lyft drivers is $50,000 per person, $100,000 for any accident involving bodily injury, and $25,000 for property damage.
- Period 2 is when the application is active, the driver has officially accepted a ride and is en route to pick up a rider. During Period 2, Uber and Lyft’s insurance liability coverage is $1,000,000 for liability.
- Period 3 occurs when the driver has picked up a rider and is in the process of completing the trip; like Period 2, a $1,000,000 policy for bodily injury liability coverage applies. If the Uber or Lyft driver is not at fault for the rideshare accident, the amount of damages a victim can recover is reduced by the amount of insurance available from the at-fault driver.
Additional Protection for Uber Drivers to Consider
At our law firm, we recommend that all Uber and Lyft drivers add what is known as “Ridesharing Endorsements” to their personal car insurance coverage.
Most personal insurance policies do not cover ridesharing for Lyft or Uber. Adding “Ridesharing Endorsements” supplement a driver’s personal policy and can provide coverage to rideshare drivers when the company’s insurance does not apply. These policy supplements can be crucial to ensure there are no gaps in a driver’s insurance coverage for those situations when the rideshare company’s insurance does not apply.
What if You’re an Uber Passenger Involved in a Rideshare Accident?
Passengers of Lyft and Uber vehicles that are involved in car accidents can potentially recover from multiple insurance policies.
If the driver of the ridesharing service was even partially at-fault for the incident, then there is a claim to be made against the rideshare company’s insurance carrier. Additionally, if the other vehicle involved in the accident was also at fault, then there is a claim to be made against their insurance carrier should they be insured.
As always, the issues of Uninsured and Underinsured Motorists [NR1] can come into play.
California law (Cal. Veh. Code 5430) requires that rideshare companies like Lyft and Uber carry a $1,000,000 policy for injuries to passengers and third parties in the event of an accident when the rideshare driver is on-the-clock. Like all insurance companies, Uber and Lyft’s insurance companies want to pay as little money as possible on claims.
These companies will go to great lengths to argue that the rideshare driver is at fault. That is where MKP Law Group, LLP’s law offices can help. Our Uber and Lyft accident lawyers are specialists in accident claims. They can work to help you in obtaining a recovery that justly compensates you for your injuries.
Third-Party Considerations – What if an Uber hits you or your car?
Anyone injured in a rideshare accident such as other drivers, motorcyclists, pedestrians, bicyclists, and anyone else, can present a claim against the Lyft of Uber’s insurance carrier. Conversely, rideshare drivers and passengers can submit a claim against a third-party who is at-fault and responsible for causing the incident.
What are the damages you can recover after an Uber or Lyft Car Accident?
The damages one can recover for a rideshare personal injury claim are essentially the same damages that can be recovered in an ordinary vehicle accident. Those damages may include the following:
- Medical expenses and bills
- Lost income
- Loss of earning capacity
- Physical pain and suffering
- Emotional Distress
- Loss of Consortium
- Funeral expenses
- Property Damage
In rare cases, special damages known as “punitive damages” can be awarded. Punitive damages are awarded in order to make an example of and punish the at-fault party to deter future wrongful conduct.
A personal injury victim must be able to show that a Defendant acted with a willful or extreme reckless disregard for the safety of others, or with malice, oppression, or fraud, to justify an award of punitive damages
It is important to remember that a personal injury victim can still present a claim even if they were partially at fault for the accident.
California has adopted a comparative liability system. This system is sometimes referred to as comparative negligence. What it means for rideshare car accident victims is that they can still recover damages even if they were partially responsible for causing the accident, but the damages they can recover will be reduced based on the degree to which they were responsible for causing the accident.
Uber and Lyft Rideshare Stats
With the ridesharing industry still in its infancy, it’s hard to come by researched statistics related to traffic accidents and fatalities. We’ve rounded up some of the top stats from multiple sources.
- Rideshare traffic deaths have risen 2-3% a year since 2011. University of Chicago
- Rideshare drivers spend 40% to 60% of their time searching for passengers, a practice known as “deadheading.” MIT Technology Review
- “Ride-hailing accidents and incidents generated 9,388 claims that resulted in $185.6 million in losses in 2014, 2015 and 2016.” California Department of Insurance
- In 2017 and 2018, 107 people were killed in vehicular accidents in Uber rideshares in the United States, constituting 0.0003% of the 2.3 billion rides. Uber
- “Uber excluded from its tally of fatal accidents 22 deaths documented in its own records.” SF Public Press
Frequently Asked Questions:
How many Uber drivers are there in Los Angeles?
There are about 209,000 drivers in California, about 1 million Uber drivers in the US (2019), and 3.9 million in the world.
Uber has not disclosed more detailed internal reporting so it’s difficult to pin down an exact number of Uber drivers in specific cities or regions. Plus, there is a high turnover rate.
Are Uber accidents the same as other auto accidents?
In regards to the accident itself, the collision is similar to other car vehicle crashes.
However, the complications arise when we consider that there are several parties that may be held accountable and we are working with a corporation (rather than only individuals).
Uber, Lyft, and other rideshare accidents involve
- The driver (who should have a personal insurance policy or, better, a commercial driver insurance policy),
- The rideshare company (which has a company insurance policy with specific limitations and language that define when the insurance is activated)
- (Sometimes) A 3rd party driver is also involved in and may have caused the collision.
Who Pays for a Rideshare or Uber Accident?
It depends on who was the negligent party and responsible for the injuries and damages.
If an Uber driver was offline, Uber insurance coverage does not apply and the driver must pay for collision damages.
If an Uber driver is Available, en route, or driving a passenger, the Uber insurance coverage is activated. So, if an accident occurs and the Uber driver was at fault, Uber’s insurance company will pay for the claim.
Drivers: Car damage – Uber’s coverage only will pay for an Uber driver’s car damage if the Uber driver has their own collision coverage on his or her auto insurance policy. Injury claims – Uber insurance will only apply if the other vehicle in the collision was at fault. Secondly, Uber will only pay if there are still damages that need to be paid after consulting the other (or at-fault) driver’s insurance protections. So, if the other driver was either uninsured or underinsured, then Uber would step in and provide coverage for their driver’s injury claim.
Passengers: Personal injury claims for passengers is much like for drivers. Uber will pay if the at-fault party is unable to pay. So, even in Uber accidents, it is important to know who is at fault and make a claim against the party at fault first. Uber’s policy allows up to $250,000 for uninsured motorist coverage and $1 million if the Uber driver was at fault.
Passenger or Driver in a car hit by an Uber driver: Only if the driver was responsible and the insurance was “activated” (i.e. the driver’s Uber app was activated), the Uber insurance will pay for your claim. It’s also important to know that coverages provided are different when the driver is available vs. when the driver is actually driving to or from a pickup.
When can I file a rideshare accident injury claim?
First, as soon as possible, you need to report the accident to your insurance company and to Uber or the rideshare company.
The statute of limitations in California for personal injury cases is 2 years. That means that within 2 years of the date you were injured (the date of the accident), you must file the claim.
What if I was hurt in a Lyft or Uber accident?
Call 911 or seek out emergency medical attention. You need to make sure that your injury or injuries receive the appropriate care. Even if your injuries are not serious, you should seek medical care within 24 hours of the accident.
If you were injured in a rideshare accident, you may have a claim against the at-fault driver. If the at-fault driver is the rideshare driver, you may be covered under the rideshare company insurance policy. Speaking with an attorney can help you better understand your rights and determine the best steps for you.
What Is AB5? Does it affect my case?
It shouldn’t affect your case.
The AB5 is California Assembly Bill 5. Often referred to as the “gig worker bill,” it came into effect on January 1, 2020.
AB5 requires most companies that hire independent contractors to classify them as employees. This bill initially would have made Uber, Lyft and other rideshare companies have to classify their workers as employees. However, new updates to the legislation in November titled Proposition 22 include exemptions to the initial bill that designates drivers for “app-based rideshare and delivery drivers” as independent contractors.
This means that now AB5 does not affect the status of rideshare workers in the way originally intended for contract employees.
Am I Entitled To Damages If I Was Partially Responsible?
Yes, in California you can recover damages even if you were partially responsible. Your recoverable damages will be reduced by the percentage at which you were at fault as determined by the governing party.
For example, if you were jaywalking and an intoxicated driver hit you, both parties are responsible. The judge will determine the percentage of fault and your financial recovery will be reduced accordingly.
What Happens When an Uber Driver Hits a Pedestrian?
Pedestrian accidents can be very serious and cause lasting injuries. Whether you were hit by a Lyft, Uber, or another rideshare company car, you must prove that the rideshare driver was at fault and that the injured party received serious subsequent damages.
When a person is following pedestrian right-of-way, they retain the right to protection from accidents. Pedestrians injured by a rideshare or Uber Driver’s vehicle need to provide sufficient proof of negligence (evidence) to show the driver was at fault.
Should I contact an attorney for a car accident?
In general, contacting an attorney is highly recommended, especially if the question of fault is an issue, you are in a rideshare accident, you have been severely injured or someone died, or you are in a complicated situation. Many lawyers offer free consultations and “contingency service” meaning you don’t have to pay to contact them and seek their expert recommendations such as the team at MKP Law Group, LLP.
Of course, if there are no damages or it was a very small accident, you may prefer not to. However, seeking advice is always a best practice. Talking to an attorney can help clear up any confusion you have and help you with understanding your rights.
Can you sue Uber if the driver gets in an accident and I’ve been injured?
Uber works hard to keep their employees “independent contractors.” This means that it is very difficult for passengers or those involved in accidents to sue Uber directly when a rideshare driver such as an Uber driver is at fault.
Rideshare companies in California are required to provide $1 million in liability insurance for uninsured and underinsured parties. So, even when the Uber driver wasn’t at fault in an accident, sometimes it may be necessary to seek out Uber for the protections offered by their services for passengers and drivers. Particularly when the parties at fault do not have insurance to cover the damages you incurred.
Is it worth getting a lawyer for a minor car accident?
In general, if you were in a minor car accident where the other driver was clearly at fault, finding representation can ensure that you receive full compensation for damages incurred. This is especially true if you were at all injured in the accident. Even minor car accidents can cause serious medical injuries such as spinal damage, Traumatic Brain Injuries, concussions, whiplash and more. The neck and head are delicate areas and minor car accidents can cause serious and lasting damage to these parts of the body.
Plus, most lawyers covering car accident injury cases work on a “contingency fee” basis. This means that these lawyers will not get paid any attorney’s fees until and unless they recover damages from your case. So, clients do not have to worry about fees owed to the lawyer until damages are paid out by the negligent party or their insurance provider.
In cases where you were seriously injured and needed significant medical treatment that affected your life, job, and more, hiring a lawyer can help you get a higher settlement. Often insurance companies will offer very low settlements. They are in the business of minimizing payouts, but injured parties have a right to receive compensation for damage caused by another party. Knowing how to prove the value of your losses and navigate legal matters is difficult, having a lawyer helps ensure you receive what you are entitled to under the law.
Where Can You Find Uber Car Accident Claim Forms?
Contact MKP Law Group, LLP Today for Your Los Angeles Uber Accident Attorney Needs
If you or someone you know was involved in an Uber or Lyft car accident, whether as a driver, passenger, or third-party call us today at 310-285-5353 for a free consultation so that we can answer your questions in person and explain the legal process.
Our attorneys have dealt with numerous Uber and Lyft claims, and know-how to decipher the insurance companies in order to maximize our clients’ recoveries.
You should not accept any settlement offer made by the rideshare company’s insurance carrier without first consulting with MKP Law Group, LLP’s attorneys. As always, if we don’t win your case you don’t owe us a dime.
We proudly service clients in the city of Los Angeles and other cities in Los Angeles County including Santa Monica, Westwood, West Los Angeles, Beverly Hills, Long Beach, Pasadena, Glendale, and more. We also represent clients in Orange County, Riverside County, and San Bernardino County as well.
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