Uber and Lyft Driver Injury Attorney Los Angeles

As Los Angeles Uber and Lyft driver injury attorneys, we know that the Uber and Lyft apps offer a great way for people to supplement their incomes. When you are approved to be a driver, you are able to make extra money by picking up people who use the ride-share app. At the same time, being an Uber or Lyft driver means that you will spend more time on the road. The more that you drive, the greater the chance that you have of being involved in an accident. When an Uber or Lyft driver is injured in an accident, there are multiple liability and insurance issues that may come into play. An experienced Los Angeles personal injury attorney may help to sort out the insurance issues and to assert all of the claims that are available to you so that you can maximize the compensation that you might receive after a crash.

Liability Issues in Accidents That Injure Uber or Lyft Drivers

If you were not at fault in your accident and you were injured or your car was damaged, you will be able to file a claim with the at-fault driver’s insurance company. If you shared some fault for the accident, comparative negligence rules will apply. California is a pure comparative fault state. This means that a plaintiff who shares fault for his or her accident will have his or her damages reduced by the percentage of fault that he or she had. For example, if you are determined to have been 20 percent at fault, your damages will be reduced by 20 percent. Insurance companies often argue about liability in an effort to try to place at least a portion of the fault on the injured victims. They do this in order to try to reduce the amounts that they will ultimately be forced to pay. Because insurance companies are always looking for excuses not to pay, it is always best to get a lawyer retained as soon as possible after the accident to act as a buffer and legal advocate with any insurance representatives.

Insurance Issues Particular to Uber/Lyft Driver Claims

If you were driving around without your app engaged, your personal auto insurance coverage may cover you. However, many insurance companies attempt to deny coverage for whatever reason they can. They sometimes argue that Uber drivers were using their vehicles for commercial purposes in an attempt to deny coverage. It is important for you to avoid providing recorded statements to your insurance company about what happened in your accident. The insurance adjusters try to get people to make statements that the companies can use against them in their claims. Instead, simply tell the company when you are contacted that you want to talk to a lawyer before you will be willing to give any statements.

Overview of Coverage Periods

Period 1: Driver has the app “on” and is waiting for a request. Uber and Lyft provide no collision coverage (i.e. for damage to your vehicle) during this stage, and limited liability coverage (for injury to a passenger or other people involved in the wreck) — up to $50,00 for bodily injury with a total of $100,000 per accident.

Period 2: Driver has app “on” and has accepted a request or is on the way to a pick up a passenger. Uber and Lyft provide both liability and collision coverage during this stage but, collision insurance comes with a $1,000 deductible for Uber, and a $2,500 deductible for Lyft.

Period 3: Driver has a passenger in the car. Uber and Lyft assume the same liability and collision coverage as period 2.

If you were carrying a passenger or if you had your app engaged without a passenger being in your vehicle, your personal auto insurance coverage will not cover you unless you have also purchased an insurance policy that is specific to rideshare situations or if you are using the driver injury protection plan from Uber (a new program that offers drivers additional personal injury protection). The company has partnered with Farmers Insurance to provide third-party liability coverage in rideshare accidents while you are on duty. Rideshare policies and the Uber driver injury protection plan may also provide coverage if you are injured in an accident with a driver who had no insurance or who had a very low policy limit (Uninsured and Underinsured Motorist Coverage). (NOTE: If you click on the “Rideshare policies” link above, it will take you to an overview of the many major auto insurance carriers that are offering coverage to Uber and Lyft drivers). There may be up to $1 Million in supplemental coverage.

Workers’ Compensation or Employment Claims

Currently, Uber and Lyft drivers are classified as “independent contractors” under California law due to a recent ballot measure passage. However, there are several pending lawsuits that are still attempting to force Uber and Lyft to classify workers as “employees” entitled to benefits including overtime, meal and rest breaks and workers compensation. We will just have to wait and see how these lawsuits resolve prior to being able to assert either employment or workers compensation claims.

Benefit of Having an Attorney if You are Injured While Driving for Uber or Lyft

If you are injured while driving for Uber or Lyft, you may have several options. If the person who hit you is at fault, you can file a claim with their insurance. If they have no insurance, you may be able to file a claims with Uber or Lyft under the uninsured motorist coverage. If they have minimal coverage which is less than what it would take to pay your medical bills and compensate you for pain and suffering, you may be entitled to payment from Uber or Lyft’s underinsured motorist coverage. No matter which of these options applies, you will be dealing with an insurance representative or attorney representing either the driver’s insurance company or insurance provider for Uber or Lyft. Why would you ever want to go it alone? If you are up against insurance companies bent on paying nothing or as little as possible, you want your own legal representation and lawyer familiar representing Uber and Lyft drivers to advocate for maximum compensation to you.

Potential Recovery for An Uber or Lyft Driver Injured on the Job in California

Whether asserting a claim against the at fault driver or for the supplemental uninsured or underinsured motorist coverage, drivers may be entitled to both “economic” and “non-economic” damages.

Economic damages are compensation for financial losses that have a specific dollar amount associated with them. These can include:

• Medical Expenses: Costs related to medical treatment, hospital stays, medications, rehabilitation services, and any future medical care required as a result of the accident.
• Lost Wages: Compensation for the income you lost while recovering from your injuries. This can also include loss of earning capacity if your ability to work has been permanently affected.
• Property Damage: Costs to repair or replace your vehicle and any personal property that was damaged in the accident.
• Other Out-of-Pocket Expenses: Reimbursement for any other expenses you’ve incurred because of the accident, such as travel costs to medical appointments or the cost of hiring help for household duties you can’t perform because of your injuries.

Non-economic damages compensate for losses that are not financial in nature and are more subjective. These can include:

• Pain and Suffering: Compensation for the physical pain and emotional distress you’ve experienced as a result of the accident. This can also cover the impact of permanent scars or disfigurement.
• Emotional Distress: Specifically for the psychological impact of the accident, such as anxiety, depression, or PTSD.
• Loss of Consortium: Damages awarded to the spouse or family of the injured person for the loss of companionship, affection, and support.

Comparative Fault Considerations

California follows a “pure comparative negligence” rule, which means that if you are found to be partially at fault for the accident, your recovery of damages will be reduced by your percentage of fault. For example, if you are awarded $100,000 in damages but found to be 20% at fault, you would receive $80,000.

Contact Los Angeles Uber Driver Injury Attorneys

There are many complex legal issues that are involved when an Uber driver is injured in an accident in California. If you have been injured and are an Uber driver, you may need legal help. It is always best for you to retain an attorney who can properly advise you about your potential rights. Your attorney may work to identify all potential sources of recovery and all of the claims that are available to you in an effort to secure the maximum compensation for your losses. Contact our law firm today to schedule your free consultation so that you can learn more about your case.