Can I File a Lawsuit Against Uber or Lyft for My Accident?

Did you know that 99.9% of Uber trips and more than 99% of Lyft rides are completed with no safety issues? Uber and Lyft have made transportation easier and more convenient. However, when a rideshare accident happens, their liability is not as simple as many would think. Though Uber and Lyft are safe, many individuals are injured in crashes each year.

An Uber accident attorney in West Covina says that it’s complicated if you’re involved in an Uber or Lyft accident because you’re not dealing with two drivers; you’re dealing with a driver, a rideshare company, a passenger, and a third party. And these companies typically claim they are not responsible for their drivers’ recklessness since they do not consider them workers.

So what will you do if they refuse to compensate for your damages? Let’s find out whether or not you can file a lawsuit and how you can find the right attorney to handle your situation.

The Legal Responsibility of Uber and Lyft

Both Uber and Lyft are transportation network companies that provide ridesharing services through their mobile applications. As a passenger, if you’re involved in an accident while using their services, you may wonder who’s responsible.

In most cases, Uber and Lyft drivers are considered independent contractors rather than employees. This distinction plays a role in determining liability. Since drivers aren’t employees, Uber and Lyft may argue that they aren’t directly responsible for any accidents caused by their drivers. Instead, they may claim that the driver is solely responsible for their actions.

Although Uber and Lyft have implemented insurance policies to provide coverage in case of accidents, these policies typically include liability coverage for third-party injuries and property damage, as well as uninsured or underinsured motorist coverage. The extent of their coverage may vary depending on the specific circumstances of the accident.

The Deas Law Firm, LLC, says that if you’re injured in an accident involving an Uber or Lyft driver, you may have grounds to file a lawsuit against the driver, the rideshare company, or both parties. You can consult with a personal injury attorney to help you understand your legal options and handle these complex cases.

Before Filing a Lawsuit

Before proceeding with a lawsuit, approach the decision-making process thoughtfully and weigh these factors to find out the best course of action for your situation. Consulting with an attorney can provide valuable guidance tailored to your specific situation.

1. Assess the strength of your case. Do you have sufficient evidence to prove that the accident was the fault of the Uber or Lyft driver? This may include witness statements, photographs, or video footage.

2. Consider your injury’s severity and life impact. Bringing a lawsuit for small injuries that haven’t created any disruption may not be worth it. If your injuries are severe and have caused medical expenditures, lost wages, or long-term incapacity, a lawsuit may be necessary to recover damages.

3. Rideshare company insurance. Uber and Lyft insure their drivers; however, the amount depends on the accident. Insurance may not cover all your damages due to limits. If the insurance coverage is inadequate, you may need to seek compensation from the driver’s personal insurance or your own uninsured or underinsured motorist policy.

4. The potential costs and time frame associated with pursuing a lawsuit. Lawsuits can be expensive and time-consuming, requiring legal fees, court costs, and extensive documentation. It may also take months or even years to resolve, causing additional stress and uncertainty. 

Steps to Take After an Accident with Uber or Lyft

After an Uber or Lyft accident, prioritize your and others’ safety. Assess your injuries and get away from traffic if feasible. Call 911 if you or someone else is seriously injured.

Collect as much information as possible at the accident scene. Photo the vehicles and note any damage or specifics. Share contact and insurance information with the Uber or Lyft driver and other drivers. Get the names and contact information of accident witnesses.

After gathering all the details, report the accident to Uber or Lyft using their applications. Accidents must be reported immediately to ensure everyone’s safety and the management of insurance claims and legal concerns.

If insurance is inadequate, a ridesharing accident lawyer will assist you in filing a complaint against the liable party. The lawyer will serve the defendant with a copy of the complaint after filing it with the court. Settlement negotiations usually begin here.

Types of Compensation You May Be Eligible for

You may be eligible for various types of compensation for your injuries and damages after an accident with Uber or Lyft and this compensation will have to depend on the circumstances of the accident (liability and local laws) and the extent of your injuries. 

• Medical expenses. It includes the cost of hospital bills, doctor visits, medications, and rehabilitation.
• Lost wages. If the accident caused you to miss work, this includes both the wages you’d have earned during your recovery period as well as any potential future earnings if your injuries have resulted in a long-term disability.
• Pain and suffering damages. These damages are meant to compensate you for the physical and emotional pain, as well as the loss of enjoyment of life, that you have experienced as a result of the accident.

It’s important to consult with an experienced personal injury attorney to help you handle the legal process, determine the compensation you’re entitled to and receive what you deserve.

How to Find the Right Attorney for Your Case

Finding the right attorney for your case involves conducting thorough research and evaluating their experience and expertise in personal injury law. Finding the right attorney can make all the difference in the outcome of your case and to do so, you have to:

1. Find local personal injury lawyers online. Find attorneys who’ve handled comparable cases, including ridesharing accidents. Review client testimonials to assess their performance.

2. After narrowing your choices, meet with several attorneys to discuss your situation. Ask about their rideshare accident experience and approach throughout these discussions. Ask about their rideshare accident compensation success record and knowledge of rideshare laws.

3. Be aware of the attorney’s communication style and how comfortable you are discussing your situation.  A good lawyer should listen to and care about your circumstances. Ask about their price structure and whether lawyers work on contingency, receiving payment only if they win your case.

Choosing an attorney doesn’t have to focus solely on their expertise and experience but also on how comfortable you feel working with them and your trust in them to represent your best interests.

Conclusion

Using Uber or Lyft and having an accident? You can sue them. There are several considerations to consider and procedures to take after an accident before taking legal action. An experienced attorney can help you determine your compensation and guide you through the legal process.