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Injured in an Uber or Lyft Accident? Here’s What to do Next

Injured in an Uber or Lyft Accident? Here’s What to do Next

When you are riding in Uber, Lyft or any other ridesharing vehicle, you are riding in someone’s own vehicle. Meaning, you are not riding in a commercially insured vehicle. So, what do you do now? Who is responsible for paying your damages? We answer all of these questions and more. If you have been injured in an accident as a passenger of an Uber driver or any other ridesharing service, contact the accident lawyers at Silverthorne Attorneys to discuss your case. Consultations with one of our accident lawyers are free!

Uber Drivers and Insurance

One of the biggest concerns when Uber first entered the scene a few years ago was whether or not the drivers were insured. Believe it or not, Uber does have liability insurance for their drivers, however it is limited. In the state of California all licensed drivers are required by law to carry the state’s minimum insurance coverage.

Generally speaking, if you are a passenger in an Uber at the time of the accident, it will be the at-fault’s insurance company that will be paying your damages. Oftentimes, if the Uber or ridesharing driver is the at-fault party, Uber’s insurance company may be responsible for paying your damages up to a certain amount.

Who is Responsible for Damages in an Uber or Lyft Accident?

It can be quite tricky to determine who is responsible for paying for your injuries in these accidents. However, the first thing that needs to be determined is who is at-fault for the accident and your injuries. If you are in an accident as a passenger of Uber or any other rideshare, the ridesharing driver’s car insurance will apply to your injuries. Which means, that you likely will not be filing a claim against the rideshare company but against the driver’s insurance company.

Most drivers have their own personal car insurance, which usually includes a “business use exception.” This means that it is possible that their insurance policy will not cover damages and injuries while they are acting as a “for-profit” driver. This may look like it’s an overall lost cause, however, it isn’t. Uber and Lyft have recently begun carrying third party liability insurance coverage. This insurance coverage can pay up to $1 million for personal injuries and property damage per accident. It is important to note that the third party insurance will likely only kick in if and when the drivers insurance has been exhausted. As a passenger, you are covered under this policy when your ridesharing driver is placed at fault for the accident.

On the other hand, if your Uber or Lyft driver were not responsible for the accident, you would treat this incident like any other car accident. You will then seek damages from the at-fault driver through their insurance company. Make sure to get their insurance information as well as any other important information necessary; name, phone number, insurance policy, etc. And if the at-fault driver does not have car insurance or does not have adequate car insurance coverage, you may be able to go after the ridesharing company’s underinsured/uninsured (UM/UIM) coverage. Again, this policy will likely provide up to $1 million in coverage per accident. However, passengers need to be aware that this will only apply if the at-fault party is unknown, doesn’t have car insurance, or doesn’t have enough car insurance to pay for your injuries.

If your car accident attorney feels that any of these insurance policies are inadequate for fully compensate you or the insurance company refuses to settle, they may decide to go after the rideshare company itself. Though, this may be a long and difficult avenue.

Filing a Claim

Your attorney will look at every possible avenue in order to get you the best compensation so you and your family can get your life back on track. If they find that the driver of the rideshare you were traveling in is at fault, your attorney will first look into filing a claim with their insurance company. This is because Uber, Lyft, and all other rideshare drivers are considered independent contractors; meaning they are not actual employees of the rideshare companies. This is an important distinction because employees have more rights than independent contractors. And the company is more likely to be responsible for negligence of its employees. Which is not the case with independent contractors.

If the driver of the rideshare was responsible for the accident, your attorney may try to argue that the company shares some of the blame for the accident. However, will only use this as a last resort. This is because these ridesharing companies have purposefully added on their own third-party liability insurance policy. Since it is an option to recover from the rideshares insurance policy, whether through the $1 million in liability coverage or the $1 million UIM coverage, going after the company itself is likely the last or most unnecessary option.

Injured? Contact Silverthorne Attorneys Today!

Suffering from injuries in an accident is stressful. Add on being injured in a rideshare or by a rideshare and it can be even more so. That is why you need an Orange County Uber & Lyft Accident Injury Lawyer at Silverthorne Attorneys. All of our attorneys have years of experience dealing with car accidents. We know how difficult it can be to do everything on your own. And you shouldn’t have to.

Insurance adjusters will do everything in their power to deny you the compensation you deserve; even when you are the one suffering. We will not let the insurance companies bully you into accepting a settlement that will not cover your damages.

If you would like to speak with one of our attorneys, contact us at (949) 234-6034. Consultations with one of our injury lawyers are free!


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Silverthorne Attorneys


Silverthorne Attorneys is a personal injury law firm serving Orange County, California with offices in Ladera Ranch, Huntington Beach and Anaheim. We work with clients who've been injured in motor vehicle accidents, on someone else's property, or due to the negligence or careless behavior of another party. If you or a family member has been injured in an accident or other type of incident, it's imperative that you discuss the details of your matter with an experienced personal injury lawyer. Silverthorne Attorneys has worked with clients directly, and family members in the case of a wrongful death claim.We can help you and answer your questions; start the process by calling us now... View full business profile here: Silverthorne Attorneys





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