Five Reasons Why Rideshare Accident Claims Are Different From Regular Car Accidents

1. Causes of Uber and Lyft Accidents

Many factors that cause standard car accidents contribute to Uber and Lyft accidents. Nonetheless, some causes are unique to rideshare accidents.

Uber and Lyft accidents are primarily attributed to distracted driving due to app navigation, driver fatigue caused by long hours, speeding/aggressive driving to complete trips in less time, unfamiliarity with roads of new areas, unsafe passenger pickups and drop-offs, and lack of vehicle maintenance.

When filing a rideshare car accident claim, you need to gather evidence that shows the cause of the crash.

2. Liability in a Rideshare Accident

Liability is not straightforward in rideshare accidents. Multiple parties can be found liable for an accident.

This includes:

• The rideshare driver: When they act negligently, causing the accident. For example, when they speed or drive while distracted.
• Another driver: If a negligent driver hits a rideshare vehicle, resulting in its occupants sustaining injuries.
• Uber or Lyft: A rideshare company can be liable for an accident in certain circumstances, including when the driver is logged into the app. Or when its own negligence contributes to the accident, for instance, when a company fails to run a proper background check on a driver, keeps a driver after receiving multiple safety complaints, fails to confirm if a vehicle undergoes inspections, or its app’s functionality/design contributes to the accident.
• Third parties and passengers: Third parties, such as cyclists and pedestrians, can be liable when their negligent action causes an accident. For example, jaywalking or violating traffic laws. A rideshare passenger can be responsible for an accident when they act negligently, for instance, when they engage in extreme behavior that distracts the driver or physically interferes with driving.

3. Insurance Coverage in Rideshare Accidents

Insurance coverage is more complicated in rideshare accidents. The insurance that will cover you depends on the status of the driver at the time of the accident.

• Driver offline: If an accident occurs when the driver is offline, the driver’s personal auto insurance will cover the accident.
• Driver waiting for a ride request: If an accident occurs when the app is on and the driver is available for a trip/waiting for a ride request, the rideshare company’s insurance covers the cost of the injuries or damages.
• Driver transporting a passenger: An accident that occurs when a driver is en route to pick up a passenger or transporting a passenger is covered by the rideshare company’s insurance.

4. Multiple Insurance Policies and Parties Involved

With multiple insurance policies and parties potentially involved, a rideshare claim can be complex. For instance, if another driver who is speeding hits a rideshare vehicle, but the rideshare driver was making an unsafe lane change, both parties can be held liable, which means both their insurance companies will be involved.

This can also be the case when a driver engages in distracted driving, but the rideshare company failed to perform a background check, which shows a poor driving record.

Note that Uber and Lyft classify drivers as independent contractors. This means injured victims cannot file a claim against the companies under vicarious liability. One may only be covered when injured in circumstances that a company maintains insurance for, and when they can prove that the company acted negligently, contributing to the accident.

5. Colorado Laws and Legal Requirements for Rideshare Drivers 

Uber and Lyft laws in Colorado are another factor that makes rideshare accident claims different. For example, rideshare companies must have at least $1 million in liability coverage for accidents with a passenger in the vehicle.

A case that involves a rideshare accident has to consider these laws, something that does not apply to regular accident claims.

Compensation Available After a Rideshare Accident

When you file a rideshare accident claim, you can recover:

• Medical expenses: Current and future medical bills.
• Lost wages: Income loss while recovering, and loss of future earning capacity.
• Property damage: Costs to repair or replace personal items, such as a phone or luggage.
• Non-economic damages: Compensation for pain and suffering, mental anguish, and loss of enjoyment of life.
• Punitive damages: If the accident involved fraud, malice, or willful and wanton conduct.

Common Challenges Victims Face in Uber and Lyft Accident Claims

• Navigating complex insurance structures.
• Negotiating with multiple insurance companies.
• Determining all liable parties.
• Proving that a company was directly negligent.
• Preserving digital evidence.

Our rideshare accident lawyers are skilled at handling Uber and Lyft accident claims. We make cases more manageable for injured victims.

Mistakes To Avoid After a Rideshare Accident 

• Not calling the police to report the accident.
• Skipping an immediate medical evaluation after leaving the scene.
• Not reporting via the app.
• Failing to document the scene.
• Not gathering the driver’s and witnesses’ information.
• Giving an insurance company a recorded statement.
• Accepting a quick settlement offer.

How Bachus & Schanker Can Help With Your Rideshare Accident Claim 

At Bachus & Schanker, we will help you gather and preserve solid evidence that will help determine liability and the coverage that applies. We will investigate the accident thoroughly and work with other professionals to gather more information. Moreover, we will handle negotiations with all involved insurance companies, allowing you to focus on recovery.

Hiring a rideshare accident lawyer can increase your compensation, as the value of your claim will be accurately calculated, and lawyers are experienced in securing the maximum compensation.

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