If you get hurt on a trip as an Uber or Lyft ride share passenger anywhere in California, then your injuries will probably be covered by insurance, but whose policy applies – the at-fault motorist’s, or the ride share company’s?
The huge Expansion of ride sharing companies such as Uber and Lyft in California, means new fiscal and professional opportunities for a lot of men and women you can now earn money operating as drivers for Uber or Lyft.
It also means an increase in issues not previously considered in regard to transportation car accidents related to passengers.
Prior to the rise of the ride sharing economy, in the event that you needed a ride in California, you either hired a taxi or other paid transport service, or you had a friend or relative drive you. Now, ride sharing companies including Uber and Lyft have blurred the lines somewhat.
So, if you get hurt as a passenger in an Uber or Lyft-affiliated vehicle that is involved in an automobile incident, or even by the driver outside of an accident, how will you receive compensation for your injuries and other damages?
Generally speaking, financial responsibility could come from the insurance provider of the at-fault motorist — whether it is the ride sharing firm’s driver or another driver involved in the accident who caused the crash — or from Uber or even Lyft’s own car insurance policy coverage.
The Law Office of Norman Gregory Fernandez has had experience dealing with Uber and Lyft accidents, and situations where passengers were assaulted by Uber and Lyft drivers, all over the state of California. If you have been involved in a car accident while riding in signing an Uber or Lyft car, or have been assaulted by Uber or Lyft driver, call us 7 days a week 24 hours a day for free consultation at 800-816-1529.
Whose Insurance Applies?
The ride sharing motorist’s car insurance coverage will Apply to your passenger injuries, if the driver has a commercial insurance policy or a personal auto insurance policy with a special provision providing insurance policy while participated as a journey sharing motorist. But note that many ride sharing drivers likely will not have a commercial or private car insurance plan that can cover your injuries. And their personal vehicle insurance plan will probably have a “business use exception” that won’t cover damages and accidents that happen while the insured is acting as a for-profit motorist. Uber and Lyft each require their drivers to have a minimum amount of liability insurance, and they required to get it from a specific insurance company. If you’re using another ride sharing service other than Uber or Lyft, they may not have liability insurance to cover you if you are a paying passenger. Always check with the company to make sure they have insurance, before you get into the car.
So, what about the journey sharing company’s insurance? The good news is That Uber and Lyft take third party liability insurance coverage which pays up to $1 million for personal injuries and property damage per accident. These policies will often only kick in after the journey sharing driver’s own insurance has been exhausted, presuming the driver possesses an applicable policy. But as a passenger, you are covered under this type of liability policy, once the ride sharing driver is to blame for your crash.
So, what happens if the ride sharing driver is not at fault for the Accident, but somebody else is? In this situation, you’d try to get compensated by the at-fault motorist, via a third-party auto insurance claim against the at-fault motorist’s car insurance provider, by hiring a law firm such as The Law Office of Norman Gregory Fernandez, 800-816-1529, who will attempt to settle the case without filing a lawsuit but who will file a personal injury lawsuit on your behalf if necessary..
However, how do things work if the at-fault driver does not have car insurance or the insurance that they have is not sufficient to fully compensate you for your losses?
This brings up a second route of recovery by the Fernandez firm on your behalf in California, the journey sharing firm’s uninsured/underinsured (UM/UIM) Insurance policy. This policy also typically offers $1 million in coverage per accident, but keep in mind that it will only apply if the liable driver is does not have car insurance or doesn’t have enough car insurance to cover your injuries.
It is extremely important to you to hire a firm such as The Law Office of Norman Gregory Fernandez, a California Uber and Lyft car crash expert law firm, to ensure your legal rights are protected.
If these insurance coverages are inadequate to fully compensate you, or the insurance companies refuse to pay out, the Fernandez firm will attempt going after the journey sharing company itself.
Filing a Lawsuit Against Uber or Lyft Directly in California
In accordance with Uber and Lyft, their drivers are not employees, but rather, Independent contractors. (A new bill has been introduced this week in the state of California, to designate Uber and Lyft drivers as employees) This is a significant distinction because Uber and Lyft would be precariously liable under California law for the actions of their employees, whereas Uber and Lyft by claiming their drivers are independent contractors, could try to claim that they are not liable in the accident either way, because the independent contractor is a franchisee, and Uber and Lyft do not control day-to-day operation of the vehicle. Further, employees get other benefits — like the right to unemployment benefits — and a provider is very likely to be legally accountable for the negligence of its workers, but May not if they are independent contractors as stated above.
If the ride sharing driver is responsible for the accident in California, you can try To argue that the ride sharing company shares some amount of blame for the crash, but this is going to be a tricky argument to make since Uber and Lyft have worked really hard to keep the currently-accepted legal standard that Uber and Lyft drivers are independent contractors, not employees.
As a layperson, you not only have no clue in a regular car accident, what your damages are and how to go about getting maximum compensation. We can assure you that almost every circumstance where there is an Uber or Lyft accident in California, an expert attorney such as the Law Office of Norman Gregory Fernandez, 800-816-1529, will get you significantly more compensation than you would get on your own.
In most cases a person without an attorney trying to get a recovery from Lyft or Uber will either get nothing, or a very small settlement compared to having an experienced California car accident firm like the Fernandez firm behind them.
Remember that, since a recovery against Uber or Lyft’s insurance Policy is probably an option for you — through the company’s $1 Million liability policy, or via its $1 million UIM policy — if you’re Injured in a ride sharing automobile, moving against the business directly is likely A final (and hopefully unnecessary) resort. Either way you do not want to do this on your own in California without an attorney.
To talk with the Uber and Lyft car accident experts at the Law Office of Norman Gregory Fernandez 7 days a week 24 hours a day for your Uber or Lyft car accident, or other type of case, call our personal injury hotline at 800-816-1529 extension 1.
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