San Rafael Uber Accident Attorney
At Kuvara Law Firm, our Uber accident attorneys have helped victims of all types of California accidents since 1971. We aren’t afraid to take on big companies or their insurance companies — and we will fight for your right to compensation.
At Kuvara Law Firm, we offer:
- 50 years of experience
- NO LEGAL FEES unless we win your case
- A legal team that prioritizes you
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Who Is Liable for an Uber Accident?
Rideshare accident claims fall under the umbrella of personal injury cases. In California, personal injury cases are based on a theory of negligence. A person — or driver —is negligent when he or she fails to act with the care that a reasonable person would use in a similar situation. All drivers in California have a duty to use reasonable care when they are behind the wheel of a vehicle.
If a driver violates a law that is meant to prevent car accidents, such as speeding, texting while driving, running a red light, or driving under the influence of drugs and/or alcohol, he or she may be considered “negligent per se.” This means he or she is presumed to be negligent (and thus liable for any injuries caused).
These principles are used to determine who will be held liable for an Uber accident. For example, if an Uber driver ran a stop sign and crashed into another vehicle, he or she will likely be at fault for the collision. If an Uber driver caused the accident, he or she will usually be responsible for damages, whether it is through his or her own personal auto insurance policy, or through Uber’s commercial insurance policy.
Uber and other rideshare companies are considered transportation network companies. As a result, passengers who are injured while riding in their vehicles are covered by Uber’s commercial liability insurance if the Uber driver was at fault for a crash. If another driver caused the accident, Uber passengers who are injured can file a claim against the at-fault driver’s insurance policy. If that driver is uninsured or underinsured, then a claim can be made against Uber’s uninsured/underinsured motorist (UI/UIM) policy.
Understanding Uber and Lyft Insurance Claims
Uber carries commercial liability insurance for its drivers. Coverage under this policy is based on what the driver is doing at the time of the accident. There are three possible scenarios, referred to as periods.
The Three Periods of a Rideshare Accident Liability
First, if a driver is not working or the app is off, then his or her own insurance policy will cover damages from a collision. In some situations, this may mean the victims of the accident won’t fully recover for their losses, particularly if the driver had minimal levels of insurance. In California, drivers are only required to carry $15,000 in coverage for bodily injury per person, $30,000 for bodily injury per accident, and $5,000 for property damage.
Second, if a driver has the app on and is waiting for a passenger, Uber’s insurance will apply. However, the policy limits are relatively low: up to $50,000 in bodily injury per person, up to $100,000 in bodily injury per accident, and up to $25,000 in proper damage per accident. In this situation, you may also be able to recover from the driver’s personal insurance policy.
Third, if a driver is en route to pick up drivers or has a passenger in the vehicle, Uber’s $1,000,000 policy will be used. This policy will apply if the Uber driver was responsible for the crash, or if the at-fault driver does not have enough insurance to cover your losses (UM/UIM coverage).
How Is Liability Determined in a Rideshare Accident?
Determining liability in a rideshare accident involves assessing relevant factors to establish who is responsible for the crash. First, liability is examined based on the actions of the rideshare driver and other parties involved.
Additionally, fault may be attributed to other drivers, pedestrians, or road conditions. Evidence such as police reports, witness statements, and traffic camera footage helps in determining who was at fault. Legal liability can be complex and often requires a detailed investigation to clarify the responsibilities of all parties involved.
The levels of insurance at play in an Uber accident can cause difficulty when seeking a settlement. A skilled Uber accident lawyer can investigate the claim on your behalf, including determining whether the Uber app was on or being used at the time, to help you recover the compensation that you need for your injuries.
Filing a Claim for a California Uber Accident
In many ways, Uber collisions are similar to other types of motor vehicle accident: the driver who caused the crash is financially responsible for the losses suffered by the other driver and passengers. However, because Uber operates by using an army of drivers and their personal vehicles, these cases bring up other issues.
Are Uber Drivers Classified as Employees or Contractors?
One question that commonly comes up is whether Uber drivers are employees or independent contractors. This is an important distinction, because employers may be held vicariously liable for the negligent actions of their employees. In other words, if an employee gets into a crash while working, his or her company is usually the one who is held responsible — not the employee.
California recently enacted a law that would make many independent contractors — including Uber drivers — employees. This law has been challenged, and its future is uncertain. If Uber drivers are considered employees, Uber could be held responsible for accidents that they cause (without the different levels of insurance coverage described above).
Even if the drivers are independent contractors, Uber can still be held liable by a skilled San Rafael Uber accident attorney. If Uber was negligent in how they screened drivers, how they supervise or train drivers, or how its app is used, it could also be held responsible for injuries that its drivers cause. Because these cases are complex, it is important to work with a lawyer who understands these laws and who can advocate for your rights.
Damages Available in a Rideshare Accident Case
In a California rideshare accident case, damages can be categorized into economic, non-economic, and punitive damages.
Economic Damages
Economic damages cover tangible financial losses. These include medical expenses for treatment related to injuries sustained in the accident, such as hospital bills, surgeries, and ongoing therapy. Compensation also covers lost wages if the victim is unable to work due to the accident, as well as future earnings if the injury impacts long-term employment. Additionally, property damage reimbursement includes costs for repairing or replacing the damaged vehicle and other personal property. Out-of-pocket expenses, such as transportation to medical appointments or home care services, also fall under economic damages.
Non-Economic Damages
Non-economic damages address the intangible impact of the accident. These include pain and suffering, which compensates for physical pain and emotional distress caused by the injuries. Loss of consortium damages are available if the accident affects relationships with a spouse or family member, covering the loss of companionship and support. Emotional distress damages may be awarded for psychological impacts like anxiety, depression, or PTSD.
Punitive Damages
Punitive damages may be awarded in cases of extreme negligence or intentional misconduct to punish the at-fault party and deter similar behavior in the future. In California, these damages require clear evidence of the defendant’s egregious conduct.
Consulting with an attorney in San Rafael can help evaluate your damages and guide you through the legal process.
Hurt in an Uber Crash? We Can Help.
Uber accidents are more complicated than other types of motor vehicle collisions — even in situations where the driver is clearly at fault. The nature of rideshare companies like Uber can make it more difficult to determine who was at fault and to get the compensation that you need. A lawyer can help you through the process and work to get you the highest possible recovery.
Since 1971, the legal professionals of the Kuvara Law Firm have fought for our clients’ right to compensation. We offer free initial consultations, where we will explain your options for moving forward with a claim.
California Rideshare Accident FAQs
How Long Do I Have to Sue for an Uber Accident?
In California, you generally have two years from the date of the Uber accident to file a personal injury lawsuit. For property damage claims, the deadline is also two years from the date of the accident. If seeking damages for wrongful death, the time limit is two years from the date of death. It’s important to consult an attorney promptly to ensure you meet these deadlines and preserve your right to seek compensation.
Do I Need a Lawyer for a Rideshare Accident Claim?
Hiring a lawyer for a rideshare accident claim is highly recommended. An attorney can navigate the complexities of insurance coverage, determine liability, and ensure you receive fair compensation for medical expenses, lost wages, and other damages. He or she also helps gather evidence, handle negotiations with insurance companies, and represent you in court if necessary. A lawyer’s knowledge can enhance the chances of a successful outcome in your claim.
What Are Your Options When the Rideshare Company’s Insurance Doesn’t Apply?
If the rideshare company’s insurance doesn’t apply, you have several options. First, you can pursue a claim through the at-fault driver’s personal insurance policy. If the at-fault driver is uninsured or underinsured, your own uninsured/underinsured motorist coverage might help. Additionally, you can seek compensation through your health insurance for medical expenses. In some cases, you may also consider filing a lawsuit directly against the responsible party. Consulting with a personal injury attorney can help explore these options and navigate the complexities of recovering damages when rideshare insurance coverage is insufficient.
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