Uber/Lyft Accident Law Los Angeles
Uber and Lyft car accident victims may be entitled to damages. Because ridesharing policies and laws are constantly evolving and complex, it’s important to understand your rights.
Negligence
As any vehicle operators, Lyft and Uber drivers have a general duty to use reasonable care to prevent harm to others. If they breach this duty of care, and it causes someone’s injury or death, the victims have a right to pursue a claim for Negligence. Negligence is usually some form of careless or reckless behavior. Common examples of Uber/Lyft driver negligence are:
- Speeding
- Driving while under the influence
- Not paying attention to the road
- Texting while driving
- Disobeying traffic laws
Uber and Lyft Insurance Coverage "Categories"
Uber and Lyft divide insurance coverage into categories based on the timing of the accident.
- Off Duty: The Uber / Lyft driver is not logged in into any ride-hailing app, and the driver is considered to be “offline”.
- Period 1: The driver has logged into the Uber or Lyft app, but has not accepted any ride request yet – i.e. the driver is “available” to be paired / matched with a rider.
- Period 2: The Lyft / Uber driver has accepted a ride request and is on the way or “en route” to pick up a passenger.
- Period 3: The driver has already picked up a rider and is officially “on trip” through Uber or Lyft.
Uber and Lyft Liability Insurance Coverage
Off Duty: If a driver is logged off, Uber and Lyft consider this driver to be off duty and driving the vehicle for personal use. Since the driver is not operating on the Uber / Lyft ride share electronic platform, these companies provide no insurance coverage. Any claims related to accidents that occur “offline” have to be covered by the driver’s personal auto insurance.
Period 1: If the driver has logged into the Uber or Lyft app, but has not accepted any ride request yet, Uber and Lyft provide the following liability coverage:
- $50,000 for the driver’s liability for bodily injury per person of a covered accident
- $100,000 per covered accident
- $25,000 for property damage for which the driver is responsible for in a covered accident
- During this period, Uber & Lyft provide absolutely no insurance coverage to their drivers – either for drivers’ injuries or damage to their vehicles. Drivers have to seek coverage from their personal auto insurance. Drivers are encouraged to obtain either a “ride share rider” for their personal automobile insurance or a completely separate “ride share policy”.
Period 2 and 3: Under these circumstances, Uber and Lyft offer a $1 million in liability, uninsured, and underinsured coverage. As it applies to collision coverage, that will depend on whether the driver has their own collision coverage.
- Third-Party Liability Coverage: Insures $1,000,000 in bodily injuries or damages the driver caused to people in their vehicle, other vehicles, pedestrians, or property.
- Uninsured or Underinsured Motorist Bodily Injury Coverage: Insures $1,000,000 in coverage to the driver and riders if an accident occurs on a passenger trip and another driver is at fault and doesn’t have sufficient insurance, as well as hit and runs
- Contingent Comprehensive and Collision Coverage: As long as the driver maintains comprehensive and collision coverage on their personal auto insurance, Uber/Lyft insurance will kick in and provide physical damage coverage for the drivers car up to its actual cash value, regardless of who is at fault.
- Uber: the deductible is $1,000, and the coverage is limited to the cash value of the driver’s vehicle. In other words, between the cost of repair and the vehicle’s cash value, the insurance will pay the lesser amount.
- Lyft: the deductible is $2,500, and the coverage is limited to $50,000 per accident.
Fair Cases is Key to Your Uber or Lyft Accident
Because ridesharing policies and laws are constantly evolving and complex, it’s important to have a knowledgeable and experienced personal injury attorney to fight for your rights against billion-dollar corporations like Uber, Lyft. Let Fair Cases Fight for you! Contact Fair Cases today for a free consultation.
References
Did You Know?
Time is Critical: Personal injury laws in California give Car Accident victims just a Limited Amount of Time to negotiate a fair insurance settlement!
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