Eisenberg Law Group

Uber and Lyft
Accidents

Uber and Lyft Accidents

In today’s world, rideshare services such as Uber and Lyft are becoming increasingly popular because they are convenient and cost-effective.  Gone are the days of having to wait half-an-hour at the corner to hail a taxi.  Uber and Lyft provide transportation on demand, with little or no wait times.  Moreover, rideshare services make payment easy and efficient, as you can simply pay through the app, which eliminates the stress of carrying cash or using a credit card machine.

Moreover, rideshare companies have had a positive impact on society as they have made transportation easier and less expensive, and have created a brand-new job sector for drivers.  However, rideshare companies such as Uber and Lyft have not necessarily made the roads safer.  In fact, some studies suggest that with the advent of rideshare services, traffic collisions and fatalities have increased.

Further, since rideshare companies like Uber and Lyft have gone to great lengths to ensure that their drivers are independent contractors rather than employees, Uber and Lyft’s insurance coverage can be complicated and nuanced.

Therefore, it is essential that you immediately contact a knowledgeable Uber and Lyft accident attorney if you’ve been involved in a rideshare accident.

How Do Uber and Lyft’s Insurance Policies Work?

Uber and Lyft have complex insurance policies and the amount of coverage depends upon which “phase” of a ride the Uber or Lyft driver is in.  The three different phases are as follows:

Phase 0:

If the Uber/Lyft driver does not have the app on, then the driver’s personal auto insurance policy applies and Uber/Lyft’s insurance will not be applicable.

So what does this mean?

This means that if an Uber/Lyft driver does not have the app on and causes an accident, the maximum that can be recovered depends entirely on the driver’s personal automobile insurance policy limits. Uber/Lyft insurance will not apply.

Phase I:

If the Uber/Lyft driver has the app on and is available or waiting for a ride request (but is not on the way to pick up a passenger and does not have a passenger in the car), the Uber/Lyft driver is covered by a bodily injury policy of $50,000 per individual, $100,000 per accident, and $25,000 in property damage.

So what does this mean?

This means that if an Uber/Lyft driver causes an accident when the app is on and he/she is waiting for a ride request, the maximum that any one person can recover from the driver for bodily injury is $50,000 and the maximum that all people injured by the driver can recover, combined, is $100,000.

Phase II:

If the Uber/Lyft driver is en route to pick up a passenger or is in the process of driving a passenger, the Uber/Lyft driver is covered by a $1,000,000 third-party liability policy, a $1,000,000 uninsured/underinsured motorist bodily injury policy, and a contingent comprehensive and collision coverage policy.

So what does this mean?

  • If you are an Uber/Lyft driver and you are hit by someone without insurance, you will be covered by Uber or Lyft’s $1,000,000 uninsured motorist policy.
  • If you are an Uber/Lyft driver and you are hit by someone without sufficient insurance to cover your claim, you will be covered by Uber or Lyft’s $1,000,000 underinsured motorist policy.
  • If you are a passenger in an Uber/Lyft and you are hit by someone without insurance, you will be covered by Uber or Lyft’s $1,000,000 uninsured motorist policy.
  • If you are a passenger in an Uber/Lyftand you are hit by someone without sufficient insurance to cover your claim, you will be covered by Uber or Lyft’s $1,000,000 underinsured motorist policy.

Are Uber and Lyft Drivers Always Covered?

In theory, all Uber and Lyft drivers should be covered by valid automobile insurance.  In order to use the app, Uber and Lyft requires their drivers to be covered under the Uber/Lyft insurance policies.  Often times, an Uber/Lyft driver’s personal auto insurance may not apply when the driver is driving for Uber/Lyft, which is why drivers are required to have insurance through the rideshare company’s insurance carrier.  Uber and Lyft carry large insurance policy limits, which can be beneficial if you or a loved one is involved in a serious accident as an Uber or Lyft driver or passenger.

Are Uber and Lyft Passengers Always Covered?

In order to ensure that Uber and Lyft passengers are adequately protected in case of an accident, Uber and Lyft passengers are covered under the Uber/Lyft insurance policies.  When an Uber or Lyft driver picks up a passenger or passengers, the driver enters Phase II, which therefore triggers $1,000,000 in third-party liability coverage, $1,000,000 in uninsured motorist coverage, and $1,000,000 in underinsured motorist coverage. 

Therefore, if an Uber or Lyft driver causes an accident, the passengers can make a claim against the $1,000,000 third-party liability coverage.  Further, if another driver causes the accident and has no insurance, the passengers can make a claim against Uber/Lyft’s $1,000,000 uninsured motorist policy.  Finally, if another driver causes the accident and does not have sufficient insurance to cover the claim, the passengers can make a claim against Uber/Lyft’s$1,000,000 underinsured motorist policy.

What Should I Do if I am Involved in an Uber or Lyft Accident?

If you are involved in an Uber or Lyft accident either as a driver or passenger, you should immediately take the following steps:

  1. Make sure that everyone involved is ok and check to see if anyone needs emergency medical assistance;

  2. Contact the police and request that they make a Traffic Collision Report;

  3. Gather information about all parties involved, including names, addresses, driver’s license numbers, insurance companies, insurance policy numbers, type of vehicles and license plate numbers;

  4. Take photographs of the damage to the vehicles;

  5. Take photographs of any injuries you sustained;

  6. Avoid giving any recorded statements or offering any description of what occurred to anyone besides the police or emergency personnel;

  7. Be very wary of insurance companies contacting you offering quick settlement;

  8. Make sure to decline any insurance company request to take your recorded statement, unless it is your own insurance company;

  9. Seek medical treatment right away to ensure that you have not sustained any significant injuries; and

  10. Call Eisenberg Law Group for a FREE, no obligation consultation to discuss your case with an experienced Uber and Lyft accident attorney.

Why Choose Eisenberg Law Group as Your Uber or Lyft Accident Attorney?

At Eisenberg Law Group we have more than three decades of proven experience in personal injury law. After originally starting his career representing insurance companies, Gary switched sides to help injured people fight for their rights. Our Los Angeles personal injury attorneys are highly knowledgeable in handling even the most complicated Uber and Lyft cases. We will do everything in our power to recover maximum compensation for your medical bills, pain and suffering, loss of enjoyment of life, lost earnings, mental distress and other losses. We have a strong track record of negotiating maximum settlements, but are also prepared and equipped to fight cases in court when necessary.

When you work with Eisenberg Law Group, you will benefit from our emphasis on these fundamental cornerstones of our practice:

Personalized service: You can contact our attorneys directly at any time to discuss the details of your case. We will never route you to assistants or recorded messages. As a family-owned law firm, we combine the expertise and experience of larger firms with the friendly feel of a smaller law office.

Proven results: We have recovered millions of dollars in compensation for victims of slip and fall and trip and fall accidents. Our team works hard to recover the maximum compensation available by law. Our success rates—both in and out of court—speak for themselves.

Risk-free representation: Consultations are always free, and you will not pay any attorney’s fees until we win your case

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