Although rideshare services have become increasingly common, so have the number of collisions involving Uber and Lyft. These types of insurance and civil claims can be notoriously complicated. Make sure you have a highly skilled Anaheim Uber/Lyft accident lawyer from Fisher & Talwar by your side to help you maximize your payout.

Having successfully recovered over $50 million for our clients over the years, you can feel confident demanding full compensation from the liable party with our Anaheim car accident attorneys by your side. Contact us to schedule a free consultation today and take back control of your life.

Rideshare Accident and Injury Claims

Some of the most complex types of motor vehicle accidents and claims are those involving rideshare services like Uber and Lyft. There are many moving parts to these claims, including multiple insurance providers, at-fault parties, and ways of recovering compensation.

Although you may be feeling intimidated moving into the claims process, keep in mind that there are multiple opportunities for you to maximize your payout. Even with an insurance settlement, whether you file a claim against your own insurance policy, the rideshare driver’s personal policy, or the rideshare company’s insurance policy, it may not be enough to meet your needs. For this reason, you should always prepare for the possibility of moving forward with an Uber/Lyft accident lawsuit at trial.

Factors Impacting Your Uber/Lyft Accident Settlement

Insurance Availability

The availability of insurance will play a big part in how much compensation you can recover. Uber’s insurance and Lyft’s insurance may protect their drivers with million-dollar policies, but these policies are not active at all times. Generally, they only apply if the accident happens:

  • When the driver is logged into the app
  • When the driver is waiting to pick up a passenger
  • When the driver is bringing a passenger to their destination

If the collision happened outside of these specified time periods, the rideshare driver’s personal insurance will apply, barring a lapse in coverage.

Liability for the Wreck

Liability for the accident may be the single most important factor impacting your settlement. This is because the at-fault party will be expected to compensate you for your damages. This is where it can get a little tricky.

If the Uber driver is responsible for causing the accident, you may be able to sue Uber, file a claim against Uber’s auto insurance policy, file a personal injury lawsuit against the Uber driver, or file a personal injury lawsuit against the Uber driver’s personal policy since California follows fault-based insurance laws under California Insurance Code – INS § 11580.1.

There is also the possibility that the Uber driver is not responsible for the accident at all. If another third party is at fault, they could be named in your insurance claim or civil lawsuit. How the accident occurred, and who is ultimately found liable could profoundly alter the course of your Uber/Lyft accident claim.

Sharing Fault for the Accident 

Sharing fault could have a significant impact on the outcome of your ridesharing accident claim. California, thankfully, is a pure comparative negligence state per California Civil Code 1714. While some states may prohibit you from recovering compensation if you are partially at fault, or put a limit on the amount of blame you can carry, California is different. Instead, injury victims can still receive compensation for their damages despite sharing the blame.

However, you will still need to answer for your portion of liability. To ensure you are held accountable for your own negligence, the court system will deduct your percentage of blame from your Uber accident settlement. For instance, if you were originally awarded $100,000, but were found 10% at fault for your injuries because you were not wearing your seatbelt at the time of the accident, you would only receive $90,000 of your award.

Although this can have a significant impact on the amount of compensation you receive, you should not feel discouraged. Attempting to capitalize on shared negligence laws is one of the oldest tricks in the book. We will be prepared with compelling evidence that challenges the defendant’s allegations against you.

The Statute of Limitations

When filing a rideshare accident claim, time is limited. The insurance company will predetermine how long claimants have to initiate a claim based on the policyholder’s policy terms. In some of the most extreme cases, insurance companies will require claims to be filed within hours of the wreck.

It is not just insurance company deadlines you need to worry about. There is also California’s statute of limitations for personal injury lawsuits that you need to be aware of. Since Uber and Lyft accident claims are considered a type of personal injury case, the two-year statute of limitations as described under California Code of Civil Procedure § 335.1 will apply. Generally, if you miss this deadline, you will be prohibited from moving forward with your lawsuit in civil court.

The official language of the statute of limitations reads as follows:

CHAPTER 3. The Time of Commencing Actions Other Than for the Recovery of Real Property [335 – 349.4] 

  • 335.1.

Within two years: An action for assault, battery, or injury to, or for the death of, an individual caused by the wrongful act or neglect of another.

Benefits of Choosing Fisher & Talwar for Your Uber/Lyft Accident Claim

Choosing the right personal injury attorney for help with your Uber/Lyft accident claim can be overwhelming. You are going to want to choose a legal advocate who has specific knowledge regarding rideshare accident laws, insurance policy limits, and insight into how the rideshare companies might approach your claim. With an Anaheim personal injury lawyer from Fisher & Talwar, you can breathe a sigh of relief knowing our firm will do everything possible to increase your odds of maximizing your payout.

With our 20+ years of trial experience and several multimillion-dollar trial verdicts, including a recent $6 million fatal car accident case and a $4 million settlement for a defective tire lawsuit, our experience handling complex car accident cases is unmatched. When you are ready to take charge of your personal injury case and demand the fair compensation you are entitled to, do not hesitate to get our legal team working for you.

Consult a High-Powered Uber/Lyft Accident Lawyer in Anaheim for Help Today

Before you can truly put this devastating experience in the past, you should take steps to hold the at-fault party accountable for their negligence. This is your opportunity to not only ensure they are punished for their negligence or wrongdoing but also recover the fair compensation you need to rebuild your life. 

When you are ready to initiate the claims process but have no idea where to begin, start with a free consultation. Fill out our contact form or call a reputable Uber/Lyft accident attorney in Anaheim from Fisher & Talwar to get started on your case as soon as today.