Colorado Uber And Lyft Accident Attorneys

Colorado’s Uber And Lyft Laws

Colorado was the first state to establish its own laws regulating rideshare services, also called “on-demand transportation network companies,” or TNCs. Colorado’s Uber and Lyft laws are found in the Transportation Network Company Act (TNCA). The Act covers rideshare companies that use a digital app to connect drivers and passengers. The TNCA does not include taxi services, but it is the exclusive law for ridesharing in Colorado. 

The TNCA itself is a lengthy piece of legislation, but here’s a rundown of the main regulations it imposes on Uber, Lyft, and other rideshare companies:

• They must have at least $1 million in liability coverage for accidents with a passenger in the vehicle.
• Vehicles must be inspected before being approved.
• Once approved, vehicles must be inspected at least every year.
• All drivers must carry personal insurance acknowledging their status as a rideshare driver.
• Rideshare companies must obtain a driving history and criminal history reports on all drivers.
• They must prohibit drivers with certain kinds of felony convictions or moving violations.
• They must prohibit drivers under 21.

To verify that they comply with the law, all rideshare companies must file a certificate of insurance with the Colorado Public Utilities Commission (PUC). Inspections of rideshare vehicles must also be conducted using forms provided by the PUC.

Who’s Covered In Colorado Rideshare Accidents?

Under Colorado Law, Uber and Lyft drivers, their passengers, and other vehicles involved in an accident are covered by liability insurance. Drivers are required to have motor vehicle insurance, and the circumstances of the accident will determine how an insurance claim will be handled. Passengers and other motorists will be able to recover financial compensation for damages incurred following a rideshare accident.

Bringing A Lawsuit After An Uber Or Lyft Accident

Despite the Uber or Lyft insurance guarantee, there may still be moments when you need to bring a lawsuit after an Uber or Lyft accident in Colorado.

As a Passenger

When you’re in an accident as an Uber or Lyft passenger, there are a few situations where you may need to bring a lawsuit.

• You can bring a claim against the other driver if they are at fault. You’ll need to consider different factors, like the location of accident damage.
• The Uber/Lyft million-dollar guarantee applies only if the other driver doesn’t have enough insurance to cover your damages.
• You may need to bring a claim against the other driver and their insurance company if they don’t agree to pay you fairly after an accident.
• You may also need to bring a claim against Uber or Lyft if they don’t pay you when the terms of their insurance policy call for it.

When you choose to ride with Uber or Lyft, you know that they have guaranteed coverage. If the rideshare company doesn’t live up to its promises, you may bring a claim against the company to collect payment.

As A Driver

An Uber or Lyft driver may have to bring a claim against the rideshare company to collect payment in some circumstances: 

If You’re Hurt In An Accident You Don’t Cause

Ordinarily, when this happens, you would file a claim with the at-fault driver’s insurance. However, in some cases, the offending driver may not have insurance (or may have inadequate coverage). Fortunately, your rideshare company offers you underinsured/uninsured motorist coverage. If Uber or Lyft refuses to pay your uninsured/underinsured motorist claim, you may need to bring a claim against the company to collect fair compensation.

If You’re At Fault For An Accident

If you cause an accident while transporting a paying customer, you should be covered under your rideshare company’s policy. However, if the company does not cover you as agreed, you may still need to bring a legal claim against Uber or Lyft. The ridesharing company should honor its $1 million guarantee and compensate injured passengers. You may need to bring a legal claim against Uber or Lyft to ensure you don’t have personal liability for the victim’s damages.

Keep in mind that depending on your exact circumstances, you may need to take additional steps. For instance, there may be added requirements if you are in a rideshare accident in a leased car.

Steps To Establish A Claim If You Are Involved In An Uber Accident

In any car accident claim, you must be able to prove that someone was acting negligently, that their negligence caused your injury, and that you have damages to collect as a result of that injury. Here are the steps to take if you are hurt in a rideshare accident:

1. Prove That Your Uber Driver Is Responsible For The Accident

In Colorado, you have the right to compensation if a driving accident causes you emotional or financial distress, especially if you’ve endured reckless driving, such as the following:

• Speeding
• Texting or similar digital distraction
• Fatigue
• Intoxication or DUI 
• Poor or negligent driving or vehicular maintenance
• Traffic signal violation

If your Uber driver participated in these or other negligent driving behaviors on your way to your destination, and it caused your car accident injuries, you may have cause for a claim.

2. Prove That You Incurred Damages

Like any claim, you need to show proof that you suffered damages as a result of the Uber accident. These damages include:

• Economic damages: These are monetary losses like medical bills and lost wages.
• Non-economic damages: These are non-monetary losses like pain, suffering, and loss of enjoyment of life.

Determining the value of economic damages is fairly straightforward, but the same cannot be said for non-economic damages. Our rideshare attorneys in Colorado work with cases like yours on a regular basis, and we will be able to assess your case and give you an idea of its worth.

3: Prove The Uber Accident Caused The Damages Being Claimed

Immediately report the accident and ensure that law enforcement notes the vehicle is a rideshare (not a commercial vehicle). You need to do this in all accident cases, including rear-end collisions.

Be sure to get a record of your medical attention in the event of personal injury. You’re entitled to justice, including money to resolve medical needs or lost income. 

If you have further questions about what to do if you are involved in an Uber accident, contact an experienced car accident lawyer.

What Should I Do If I’m In An Uber Accident In Colorado?

If you’re involved in an Uber accident, you should take essentially the same steps you’d take in any other car accident. Many people are so determined to continue their journey that they call a friend or another Uber to come pick them up, but you should avoid doing this. If you’re in an Uber accident in Colorado, you should not leave the scene of the crash. 

You might wonder why you should remain on the scene after an accident, especially if you were not injured. It’s always important to receive emergency medical assistance after a crash. You might feel like you aren’t hurt, but even minor car accidents can result in a substantial adrenaline rush. That rush can mask the pain and symptoms of serious injuries.

In the immediate aftermath of the accident, your first priority is to get to a safe location. From there, take time to call 911 and offer help to anyone on the scene if you are able to. Next, if you can, take pictures to document the scene, your injuries, and the vehicles.

When you’re the driver, you must comply with the requirements of Colorado law that require you to provide the other driver with your name, license information, and insurance information. You should report the accident to Uber as a driver or rider.

What Should I Do If I’m In A Lyft Accident In Colorado?

If you’re in a car accident with a Lyft driver in Colorado, you should follow the same course of action. You should call 911 and offer medical assistance on the scene as much as you can. It also can be helpful to take photos to document the accident. If you can, photograph the following:

• The accident scene as a whole
• Any street signs that show the location of the crash
• The license plates of the involved vehicles
• Close-ups of damage on the vehicles
• Your injuries

The police will take a report that includes your name, license, and insurance information. If you suffer a serious injury and file a lawsuit, this police report will be an extremely important part of your claim. Police reports don’t just note that an accident happened — they also include crucial details that will become necessary to the success of your case. If the police don’t facilitate the transfer of information between drivers, it’s vital to offer this information and collect it from the other driver on your own.

As a passenger, you aren’t legally required to collect personal information from those involved in the accident, but it’s often a good idea to do so. If you do suffer a serious injury and ultimately file a lawsuit, another involved person may be able to give a statement corroborating your version of events. You should also report the accident to Lyft as soon as possible.

What Should I Do If I Was In A Car Accident With An Uber Or Lyft Driver?

When most people discuss being involved in an Uber or Lyft accident, they’re talking about a car accident where they were a passenger in a rideshare vehicle. What if you’re driving a personal car and get involved in an accident with an Uber or Lyft driver? If this happens, you should follow the same procedures as any other auto accident. Call 911 and exchange information with the Uber or Lyft drivers involved in the collision. Report the accident to your insurance company and the rideshare company, and follow up with a Colorado rideshare accident attorney.

For the most part, if you aren’t the Uber or Lyft driver in this scenario, the insurance situation works as it would in any other crash. If you were at fault, the other driver would file a claim against your insurance policy. If the other driver was at fault, you file a claim against theirs. 

The only real variable here is the liability insurance policy the rideshare driver uses if they are at fault. If there was a passenger in the Uber or Lyft at the time of the accident, the driver is covered under the rideshare company’s $1 million liability policy. However, if the driver has just dropped someone off or otherwise does not have a paying passenger in the vehicle, they would need to rely on their own liability insurance policy.

What Should I Know About Uber And Lyft Accidents In Colorado?

Rideshare services will always try to eliminate any association with liability claims. Dangerous reputations are bad for business, so Uber and Lyft have taken care to remove blame and financial risk and place it on the independent contractor — your driver. Knowing what to do after a rideshare or taxi accident can help you to obtain compensation for losses you’ve sustained. Calling 911 to summon police and medical personnel, obtaining the information of involved drivers and witnesses, and documenting the scene and your injuries to the best of your ability will all be helpful if you do pursue a lawsuit.

However, it’s also important to understand that the laws around rideshare accidents can be complex and that not all situations are straightforward. What if passenger interference caused a rideshare driver to crash? What if the accident was caused by a mechanical defect in the rideshare vehicle?

These cases might sound far-fetched, but many car accidents (and especially rideshare accidents) come with complicating factors. Unless you’re an attorney, it can be next to impossible to fully grasp these factors or understand how they shape your case. Having a level of basic knowledge when it comes to Uber and Lyft accidents is never a bad thing. However, you should always talk to a rideshare accident lawyer about your case.

Will Lyft Or Uber Drivers In Colorado Be Deactivated After An Accident?

Both Uber and Lyft immediately deactivate drivers if they have been involved in an accident. This action is not necessarily permanent. The point of the deactivation is to provide time and opportunity to investigate how the accident occurred. Depending on the outcome of the investigation, a driver can get their account reinstated.

There is no one-size-fits-all approach to deactivations. In most cases, rideshare platforms will take into account the driver’s history on the platform when making any decisions. For example, if a driver has been with the company for years, has positive feedback, and then gets in a minor fender-bender where no one was hurt, it’s possible that they may be reactivated once the accident claim has been resolved. 

However, if the same thing happened to a newer driver who had already been reported several times for unsafe driving, the rideshare company may possibly remove them from the platform permanently.

If the violation is severe, even established drivers with a strong track record may be permanently removed. For example, if a driver was speeding, caused a crash, and was then found to have a blood alcohol concentration that was well past the legal limit, they would likely be permanently removed from the platform.

Rideshare companies try to be thorough and fair, but because deactivation decisions are based on a number of different factors, they are subjective by nature. Both Uber and Lyft have appeal processes for drivers who feel they were wrongfully deactivated to present evidence and plead their case.

How Does This Affect Claims Processing?

You already know that Colorado law requires rideshare companies to provide liability insurance to drivers with paying passengers and that rideshare drivers must also have their own liability policies. However, the logistics of rideshare insurance claims processing are more nuanced than that.

Rideshare companies in Colorado must provide $1 million of liability coverage per incident for accidents involving a paying fare. In order for this policy to take effect, the rideshare driver must have the app turned on, and the app must show that the driver was in the process of a paid trip when the accident occurred.

Like all drivers in Colorado, rideshare drivers also must have their own insurance policies for bodily injury and property damage liability. However, these policies must specifically acknowledge the fact that the person is a rideshare driver. Many standard liability insurance policies do not cover those who drive for Uber and Lyft. If the driver does not have the correct type of policy, their insurer may not pay out in the event of an accident claim.

So, what happens if you’re hit by a rideshare driver and their policy won’t pay? It’s critical to know that if you have uninsured/underinsured motorist coverage, you can use it in situations where you aren’t driving your car. Uber and Lyft require drivers to have their own liability insurance policies for when they have no passengers in the car. However, it’s entirely possible that a driver’s policy could lapse. 

This means that if the driver causes an accident without a passenger in the car, there is no insurance company from which you can seek compensation. In cases like this, an Uber accident lawyer can sometimes help you to pursue the driver themselves for damages. This is a great solution, in theory. However, many people who drive without insurance have few or no assets, making a judgment against them useless to you. If you have uninsured or underinsured motorist coverage, you could file a claim to be reimbursed for medical care and other expenses.

If the Uber driver who causes your car accident is uninsured or doesn’t have enough insurance, we’ve created a comprehensive guide to uninsured motorist law in Colorado, so you can learn more.

Ordering Public Transit Tickets Through Uber

In Denver, you can purchase public transit tickets through Uber. Denver is the first city in the United States to offer public transit tickets through the Uber app. This allows you to take public transit into account when planning your route and buy tickets for the route you select.

Denver’s Uber app integrates with the Denver Regional Transportation District to allow Uber users to incorporate public transportation into their trips.

Requirements To Drive For Uber And Lyft In Colorado

Colorado law 40-10.1-605 states the qualifications for Uber and Lyft drivers in Colorado:

• Valid driver’s license
• Required insurance 
• Colorado vehicle registration
• Results of a medical exam that proves your fitness to drive
• Certified mechanic’s inspection of your vehicle
• A four-door vehicle that holds up to eight people
• Pass the criminal background check

You do not have to own the vehicle you drive as long as it’s registered in Colorado; however, if you rent or lease your car, it’s important to check your leasing contract to ensure it allows for ridesharing.

Additional Requirements For Uber Drivers In Colorado

In addition to the requirements from the State of Colorado, Uber has its own requirements for drivers:

• If you are under 25, you must have three years of licensed driving experience
• If you are 25 or older, you must have one year of driving experience
• You must have an in-state license

In general, Uber also requires drivers to have a vehicle that is no more than 15 years old and has no cosmetic damage or commercial branding. You must have the original, working seatbelts.

Driving UberX, UberXL, and Select services brings with it more restrictions. Drivers must place an Uber decal on their vehicle to identify it. You must be 21 years old to provide rideshare services (but you can drive for Uber Eats at age 19). A two-door car is okay for Uber Eats.

Notably, cities often have their own regulations for what cars can and cannot be used for Uber. To keep the process simpler for anyone interested in driving, Uber offers a tool that lets you put in your vehicle details and make sure you can drive it for Uber in your city.

Additional Requirements For Lyft Drivers In Colorado

In addition to Colorado state requirements, Lyft requires all Colorado drivers to be at least 21 years old. All vehicles must have at least four doors and five seatbelts. There are also limitations to the age and model of the vehicle. In Colorado, the vehicle must be a 2004 model or newer. To begin driving for Lyft, you must submit a photo of yourself and undergo the necessary background checks, vehicle inspection, medical check, and proof of personal vehicle insurance.

Criminal Background Checks For Uber And Lyft Drivers In Colorado

All Uber or Lyft drivers in Colorado must pass a criminal background check, and you must update your criminal history check every five years. Here are the disqualifying convictions for Uber and Lyft drivers in Colorado:

• A drunk driving offense in the past seven years
• Felony fraud
• Sexual offense
• Felony property offense
• Offense involving violence
• Any felony in the last five years
• Three moving traffic violations in the past three years
• Reckless driving in the past three years
• Eluding an officer

It’s important to understand that even though there are certain criteria that will always result in someone not being allowed to drive for a rideshare company, these companies also have some discretion when it comes to who they approve. It’s entirely possible that someone who doesn’t have a disqualifying conviction or other factor — but who still seems like an unreasonable risk for the company to take — would still be barred from driving.

Rules To Follow When You Drive For Uber Or Lyft In Colorado

Once you begin driving for Uber or Lyft in Colorado, you must follow these rules:

• You may only accept rides through the rideshare network. In other words, you can’t hail an Uber or Lyft like you hail a cab.
• Breaks are required after 12 hours of driving.
• The legal limit for Uber and Lyft drivers is 0.00. In other words, you may not work as a rideshare driver with any amount of alcohol in your system.
• Services must be non-discriminatory.
• You must allow service animals.
• When a passenger has personal mobility equipment, you must transport it or refer the passenger to another driver who can.

It’s also important to note that some cities have additional rules and requirements. When you sign up to drive, the rideshare service will ensure you’re familiar with all the regulations that apply to drivers in your area.

Colorado Insurance Requirements To Drive For Uber And Lyft

Colorado law requires a rideshare driver or company they work for to file proof of car insurance. This insurance must have higher limits than regular drivers are required to carry. The insurer must acknowledge that the driver is a rideshare driver.

The rideshare company may offer its own insurance policy that covers its drivers. Uber provides $1 million in liability insurance for accidents that occur while a driver is actively engaged with a passenger. They offer a different amount of coverage when the app is on compared to when you’re waiting for a customer.

Lyft has a similar $1 million accident guarantee if the accident occurs while the driver has a passenger. The $1 million policy limit exceeds the requirements of Colorado law, which requires only a $50,000 per person limit. 

The first way to meet Colorado’s rideshare insurance requirement is to confirm coverage through the company’s insurance guarantee system.

Colorado Uber And Lyft Insurance Acknowledgment

You can also meet the insurance requirement by buying a private insurance policy that covers ridesharing. You must make it clear to the insurer that you plan to use your vehicle for ridesharing, and the acknowledgment must make it clear that your insurance company knows that you’re using your vehicle for ridesharing.

A passenger gets in a rideshare vehicle with the expectation of having insurance coverage. The purpose of the insurance acknowledgment is to ensure that rideshare customers have insurance coverage when an accident occurs. Colorado is an at-fault state, meaning if you’re responsible for an accident while driving for Uber or Lyft, you’re liable to all of the victims, including the passengers in your vehicle.

Do You Need To Get A Separate Insurance Policy To Drive For Uber Or Lyft In Colorado?

You must have the required insurance to drive a passenger vehicle in Colorado. Colorado’s minimum insurance laws still apply to you as a rideshare driver. You can meet the rideshare insurance requirements by having both your personal insurance policy and insurance that covers your rideshare activities. 

You don’t need to get a separate insurance policy to drive for Uber or Lyft, however. Both companies have a $1 million liability insurance policy that covers accidents when you have a passenger, which is more than enough to meet Colorado’s insurance requirements. Most drivers meet the requirements by maintaining their personal insurance and relying on the Uber or Lyft million-dollar accident guarantee.

How Can A Colorado Uber Or Lyft Accident Attorney Help Me?

A Colorado Uber or Lyft lawyer can help you respond appropriately and receive the compensation you deserve if you’re hurt in a ridesharing accident. Whether you’re the driver or a passenger, you have the right to fair compensation under Colorado law and protection from the $1 million Uber or Lyft guarantee.

If you’ve been in an accident involving a rideshare company, turn to the auto accident attorneys at Bachus & Schanker to ensure that you are able to enforce your rights under Colorado law. We can help you to resolve your case efficiently and in a way that protects your rights. With multiple offices located across Colorado and beyond:

• Denver, CO
• Aurora, CO
• Colorado Springs, CO
• Englewood, CO 
• Fort Collins, CO 
• Cheyenne, WY

We understand that being in any car accident — especially one with all the complexities of a rideshare accident — can be upsetting, disorienting, and even life-altering. Contact our Uber and Lyft accident attorneys; we are ready to serve you and fight for the compensation you deserve.

Resources For Rideshare Accidents In Colorado

There are resources available for rideshare accident victims to help navigate the legal options following an accident:

• Colorado Public Utilities Commission | Transportation Network Company (TNC) Rules — These rules cover subject areas, including safety, civil penalties, insurance, and other TNC rules.
• A Comparison of the Cell Phone Driver and the Drunk Driver — This study from the University of Utah delves into the relationship between driving and cellphone usage. The study finds that “the impairments associated with using a cell phone while driving can be as profound as those associated with driving while drunk.”

At Bachus & Schanker, We’re Here For You

Being involved in a rideshare vehicle accident is never a positive experience. However, we hope that by answering your questions, helping you understand your options, and guiding you through the often-complex legal system, we’ll make a traumatic experience even slightly easier for you.

When you get in touch with us, you can schedule a free, no-obligation consultation and case review. If we agree to take your case and you agree to work with us, we’ll handle the logistics so you can focus on healing. You only pay us if we are able to recover compensation for you. You have nothing to lose and everything to gain.