Eisenberg Law Group

Uber and Lyft
Accidents

Uber and Lyft Accidents

Uber and Lyft vehicles are seemingly ubiquitous these days.  Rideshare companies certainly have their merits yet those who provide this service do not always drive safely.  Sadly, some studies show the rise of rideshare services has increased the number of traffic accidents and related deaths. 

Lyft and Uber have invested a considerable amount of time, money and effort to ensure their vehicle drivers are classified as independent contractors as opposed to direct employees.  It should come as no surprise that rideshare insurance coverage is inherently complicated.  If you are involved in any type of rideshare accident, be it as a passenger or while driving your own vehicle, our Uber and Lyft accident personal injury attorneys in Los Angeles are here to help.

Rideshare Insurance Policies

Both Uber and Lyft have complicated forms of insurance.  The level of coverage hinges on the specific ride phase the driver has reached. 

Phase 0:

Is when the rideshare driver’s app is not activated.  In this phase, the driver’s individual automobile insurance policy is applicable.  At this point, the rideshare company’s insurance does not apply. 

So what does this mean?

This is important as a rideshare driver who does not activate the app has the potential to cause an accident in which the maximum amount of money that can be recovered hinges on his or her individual auto insurance limits.  In such an instance, the rideshare company’s insurance is not applicable.

Phase I:

Is that when the driver activates the app and is waiting for the ride request or is available to provide ride service yet is not yet on his or her way to give a passenger a ride.  The passenger is not in the vehicle during Phase I.  In this phase, the rideshare driver is covered by a $50,000 bodily injury policy per person, upwards of $100,000 per accident.  Furthermore, $25,000 worth of property damage is also applicable. 

So what does this mean?

As a result, $50,000 is the maximum an individual can recover from a rideshare driver during Phase I for a bodily injury.  $100,000 is the maximum amount of money everyone injured by the rideshare driver can recover.

Phase II:

Is that when the rideshare driver is on his or her way to pick up a rider or is in the midst of driving the rider.  In this Phase, the rideshare driver enjoys a third-party liability policy of $1,000,000 along with a bodily injury policy of $1,000,000 for uninsured/underinsured motorist bodily injury.  Furthermore, a contingent policy for collision and comprehensive coverage is also applicable.

So what does this mean?

As a result, rideshare drivers who are hit by an individual lacking insurance will enjoy coverage provided through the rideshare company’s uninsured motorist policy which caps out at $1,000,000.

A rideshare driver who is hit by an individual lacking adequate insurance for claim coverage enjoys coverage through the rideshare company’s underinsured motorist policy of $1,000,000.  A passenger in a rideshare vehicle involved in a collision with an individual lacking insurance is provided with coverage through the $1,000,000 rideshare uninsured motorist policy.  An individual riding in a rideshare vehicle who is struck by someone lacking adequate insurance to cover the entirety of the claim is covered through the $1,000,000 underinsured motorist policy.

Are Rideshare Drivers Covered at all Times?

Rideshare drivers should be covered through auto insurance.  Both Lyft and Uber mandate their drivers have coverage through the rideshare companies’ policies in order to use the app.  In some cases, the rideshare driver’s individual auto insurance is not applicable when he or she is driving for the rideshare company.  This is precisely why drivers are required to obtain insurance through the rideshare business’s insurance provider.  Both of these rideshare companies have considerable insurance policy limits that have the potential to provide financial support should a loved one end up in an accident as a Lyft/Uber passenger or driver.

Are Rideshare Passengers Covered at all Times?

Uber and Lyft insurance policies cover passengers to guarantee these individuals are provided with the proper protection in the event of an accident.  Phase II commences immediately after the rideshare driver picks up the passenger, automatically triggering $1,000,000 worth of third-party liability protection along with $1,000,000 of underinsured motorist protection and $1,000,000 of uninsured motorist protection.  This means if the rideshare driver’s negligence causes an auto accident, the passengers are empowered to make a claim against the third-party liability insurance upwards of $1,000,000. 

If another driver’s actions cause the accident and he or she lacks insurance, the riders are empowered to file a claim against the rideshare company’s uninsured motorist policy.  If another driver’s actions cause the accident and there is insufficient insurance for the claim, the riders are empowered to file a claim against the rideshare companies’ policy for underinsured motorists.

How to Proceed After a Rideshare Accident?

If you are involved in a rideshare accident, the first and most important thing to do is ensure everyone is safe.  Determine if anyone involved in the accident requires emergency medical assistance.  Reach out to the police so they can create a Traffic Collision Report pertaining to the accident. 

  1. Write down the names and contact information, insurance information and driver’s license numbers of everyone involved in the accident.  Finally, take pictures of your injures as well as the damage to each vehicle. 
  2. Do not make any statement but for a verbal description of what occurred to the police or emergency responders. 
  3. Only provide your own insurance provider with a recorded statement.
  4. Our Los Angeles rideshare accident attorneys are here to handle discussions with the insurance companies and opposing counsel.

Schedule a Risk-free, No-cost Consultation With our Uber and Lyft Accident Attorneys in LA

Our legal team is here to fiercely advocate on your behalf after your rideshare accident.  Reach out to us to schedule a no-cost initial consultation.  You can contact our rideshare attorneys in Los Angeles by dialing 818-591-8058 or emailing Office@gcelaw.com.  If you prefer to reach us online, fill out our contact form and we will be in touch at our earliest convenience.

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