Who is Liable in a Ridesharing Accident?

Who is Liable in a Ridesharing Accident?2021-05-14T05:55:12+00:00

Involved in an Accident With an Uber/Lyft Driver? Contact an Attorney

Who is Liable in a Ridesharing Accident?Uber and Lyft have been linked to a 2-3% increase in traffic collisions in recent years, and when you’re in an accident, you are going to be left with bills to pay, whether they’re for your bodily injuries or damage to your car.

In any car accident lawsuit, the plaintiff pursuing the claim must establish two things in order to get compensation: liability who was at fault for the accident and damages. 

When you need compensation following a rideshare accident, you need to contact an accident injury attorney in Sherman Oaks to file a claim for compensation. It can be difficult to determine who can be held liable for your injuries, the driver or the rideshare company; a Sherman Oaks accident attorney will be able to help you find the at-fault party so you can begin your healing. 

Who is Liable?

Since the rideshare driver was working at the time of the accident, Uber and Lyft must be involved in the legal battle that is to follow. The responsibility of these two rideshare companies has been up for debate, and they will do everything they can to shift the blame off of themselves. 

California recently passed the AB5 bill, which requires rideshare companies to change drivers’ status from independent contractors to employees, giving them more legal responsibility for the actions of their employers, similar to a workplace injury, rather than the “freelancers” that are doing a gig. Proposition 22 was later passed, specifying that rideshare drivers are not included in the AB5, meaning they are to be treated as independent contractors.

The passage of this bill also changes the way Sherman Oaks injury attorneys argue for compensation.

Uber and Lyft’s Insurance Coverage

Uber and Lyft both require their drivers to have their own insurance policies, and they carry third-party liability insurance coverage in case the damages exceed the driver’s personal insurance. In severe accidents, medical bills, property damages, and lost wages can easily add up to $1 million, so you’ll likely need to go after the company for the remaining amount.

The two popular ridesharing apps have similar policies regarding coverage for accidents. If the driver has the app open but has not received a passenger request yet, coverage is at least $50,000 in accident liability per person with a cap of $100,000 per accident and $25,000 in property damage liability per accident. 

If the driver has accepted a ride request and is en route to the passenger’s pickup spot, both Uber and Lyft cover up to $1 million for third-party personal injuries and property damage. If the driver has a passenger in the car at the time of the crash, they also cover $1 million worth of personal injuries and property damage.

Since Uber and Lyft provide coverage when their drivers are involved in an accident, you would technically be suing the driver for damages with Uber and Lyft as their insurance company.

The above numbers may give you the impression that these two rideshare apps hold themselves accountable. However, these companies pump millions of dollars each year into legal professionals that can shift liability away from their company. You will need a skilled Uber and Lyft accident lawyer in Sherman Oaks to navigate this lawsuit. 

An experienced and aggressive personal injury attorney in California will be able to get you the maximum settlement for all of your damages in your rideshare lawsuit. 

What Damages Are Available in a Rideshare Lawsuit?

Damages are losses that are incurred from an accident that you argue for compensation for in a personal injury lawsuit. They are classified as economic and non-economic. Economic damages would be financial losses you have suffered, such as medical costs. Non-economic damages are harder to quantify, such as emotional trauma that results from the accident.

Colliding with another vehicle is sure to leave some dents and scratches on your vehicle. Any property damage that results from the crash can be added to your claim. Property damage can also be your belongings that are broken in the accident, such as your laptop.

Medical bills are the economic damages that are filed most often after car accidents. Any medical treatment you need after the accident and as a result of your injuries are considered economic damages. Emergency room bills as well as any specialist bills, such as those from a chiropractor or neurologist, are going to add up over time. It’s important that your attorney takes the time to add up all future medical bills that may continue to develop as a result of the severity of your injuries. 

If your injuries are severe that you have to take time off work, you are going to need to supplement your lost income. Your attorney can fight for compensation of lost wages. Add up the paychecks you have missed so that you are getting an accurate number. 

In addition to back pay, your future income may also be affected. If it’s going to be a year before you can get back to work, then your attorney can also fight for compensation of loss of future wages. 

Pain and suffering is a non-economic damage you can argue for. Pain and suffering is pretty self-explanatory, and the severity of your injuries will be a testament to how much you have endured. For example, a brain injury will convince the courts that you have suffered.  

It’s not unusual to experience emotional trauma as a result of the accident. This can be difficult to quantify, as you can’t exactly put a price on someone’s trauma. Your attorney will start by hiring a mental health expert who can testify to how traumatizing the events of the accident and your injuries are. You can also keep a diary to show how your mindset has been affected. 

About Okhovat Law Firm

Several years ago, Anna Okhovat established a personal injury law firm centered around getting maximum compensation for those whose lives have changed forever as the result of someone else’s actions. Her goal is to provide legal counsel, support, and 24/7 care. Not only does our firm have a reputation for getting clients the results they need, but also for:

  • Having a proven track record
  • Providing one-on-one contact with clients
  • Not charging fees unless the case is won
  • Taking a personalized approach to every case

Don’t miss out on your opportunity to file a claim for compensation. Instead, contact us at 310-362-6740 or email us at info@okhovatlawfirm.com.