Long Beach Uber & Lyft Accident Lawyer

Requirements for Lyft and Uber Drivers in California

Background checks of potential rideshare drivers are not very rigorous. That means you might not get a ride from the safest driver. Lyft has vehicle, driver, and document requirements. However, the only driver requirements for Lyft are the following:

• A valid California driver’s license, but active duty military applicants and dependents can have a license from another state;
• Must be 25 years or older;
• At least one year of driving experience;
• Pass a driver screening which means a review of the person’s criminal background and driving history; and
• Have a smartphone that is capable of downloading and running the Lyft Driver app. 

Uber has similar requirements to become a driver. However, there’s one notable difference. Uber applicants can be under 25 years old, provided they have at least three years of driving experience. That means you could have a younger and more easily distracted driver when taking an Uber. If an Uber driver caused your accident, a Long Beach Uber accident attorney at Beliz Law Firm can help you understand your legal options. 

While companies check for recent convictions for violent crimes and felonies, drivers are not vetted for their overall driving skills. Rideshare drivers have been arrested for all sorts of violations, from reckless driving to criminal acts, including sexual assault. With these issues in mind, it’s not hard to believe that some rideshare drivers are not following traffic regulations and prioritizing passenger safety. If a Lyft driver caused you harm in an accident, speak with one of our Long Beach Lyft accident attorneys for help with your claim. 

Insurance Coverage Through Lyft and Uber 

Insurance coverage for Uber and Lyft drivers depends on what the driver was doing at the time of the accident. 

Driver Is Offline, or the App Is Turned Off 

When a driver is offline or has the app turned off, the driver’s personal insurance is the primary insurance. There is no coverage through Uber or Lyft during this period. 

Driver Is Available or Waiting for a Ride Request 

If there is a covered accident, the driver’s insurance should still be the primary insurance. If there is no applicable coverage, Uber or Lyft will extend coverage in the amount of: 

• $50,000 in bodily injury insurance per person,
• $100,000 in bodily injury insurance per accident for all parties, and
• $25,000 in property damage per accident. 

Lyft coverage differs in some states, such as Arizona and Nebraska, where liability limits are lower. 

Driver Is En Route to Pick Up a Passenger or Has a Passenger in the Vehicle

When a driver has a passenger in the vehicle or is on the way to pick up a passenger, insurance coverage limits are higher. During this period, both Uber and Lyft provide at least $1 million in insurance for third-party auto liability. Both companies also provide uninsured and underinsured motorist coverage during this period. 

What to Do Following a Rideshare Accident in Long Beach?

What you do following a rideshare accident can impact your potential injury settlement. After a collision, you should: 

• Always remain calm and not leave the accident scene before the police arrive;
• Never admit fault for the accident, especially if you were driving your own vehicle; 
• If possible, take photos of the scene, including the vehicle damage, skid marks, surrounding landscape, and any other relevant evidence;
• Seek medical treatment as soon as possible if you do not get transported to the hospital from the scene; 
• Contact an Uber and Lyft rideshare car accident attorney in Long Beach; and
• Report the accident to the appropriate insurance company. 

It’s best to have an attorney represent you when dealing with insurance companies. The defendants’ insurance companies, including Lyft or Uber, are not on your side—no matter what they lead you to believe. They might also try to convince you to give a recorded statement. Even if you’re a rideshare vehicle passenger, do not give a statement to an insurance company without first speaking with a Long Beach rideshare accident attorney. 

What If My Uber Driver Causes An Accident?

As a passenger in an Uber, it’s highly unlikely you have any percentage of fault in the accident. You are an innocent party unless you did something that distracted the driver and caused them to lose control. That means you should not have to pay for your own injuries and time off work. However, you must prove who is at fault for the collision to collect compensation. If the Uber driver caused the collision, Uber’s coverage would likely be the primary insurance responsible for compensating you for your injuries.  

Uber Insurance Coverage 

Uber has several periods of coverage depending on what the Uber driver was doing at the time of the accident. 

Period 1: The app is turned off, or the driver is offline. 

During this period, the driver’s personal insurance should be the primary insurance and cover damages incurred by a passenger, another driver, pedestrian, or bicyclist. 

Period 2: The app is turned on, and the driver is available or waiting for a ride request. 

Uber has third-party liability coverage during this period if the driver’s insurance won’t extend coverage. Applicable limits are $50,000 in bodily injury per person or $100,000 for bodily injury in one accident, and $25,000 in property damage coverage per incident. 

Period 3: The Uber driver is on their way to pick up a passenger or is transporting a passenger at the time of the accident. 

If you’re a passenger in the Uber vehicle, you will fall under this section. Uber’s policy limit during this period is $1 million in third-party liability insurance. If the other driver is at fault and has no insurance, this Uber policy should allow you to access uninsured motorist coverage. 

Whose Insurance Pays If My Uber Driver Got Into an Accident?

Knowing who to pursue a claim against is crucial. The Uber driver’s own car insurance policy likely won’t pay for your injuries. That’s because personal auto insurance policies usually have exclusions when the car is used to hire. You likely have a claim against Uber and maybe the other vehicle’s driver depending on the circumstances. 

California is a comparative negligence state. That means the Uber driver and the other party could both be responsible for the accident and collect compensation from each other’s insurance companies if they suffered injuries. Consider a situation where the Uber driver is 10% at fault, and the other driver is 90% at fault. If the Uber driver is injured, they could collect up to 90% of their damages from the other driver.

As an innocent passenger, you are entitled to pursue a claim against all responsible parties. California has joint and several liability, which means you have the right to pursue compensation from any defendant, regardless of whether they were 100% at fault. Consider the example of the Uber driver being 10% liable. You can collect your entire settlement amount from Uber, and then Uber can pursue 90% reimbursement from the other driver’s insurance company. 

Unfortunately, suing an Uber driver for the accident doesn’t mean Uber will automatically pay you for your injuries. You might be caught between two insurance companies fighting over which one will pay you. This situation is something we often see in car accident claims. Insurance companies always want the other company to pay rather than paying and seeking reimbursement after the fact. 

This back-and-forth can be very frustrating for an innocent passenger. That’s one of the many reasons you should hire a lawyer if you’ve sustained injuries in an Uber accident. You deserve to have your injuries paid for and to not be caught in the middle of an argument between insurance companies over who will pay for your injuries. 

Who Is Liable for Your Injuries?

Depending on the circumstances of the accident, you might also have a claim against another at-fault party. Your skilled rideshare accident lawyer will help you identify all potential defendants. Determining who to sue can be tricky with rideshare accidents. If you’re a passenger, you typically are not at fault for the accident. You might have a case against the rideshare driver and the other vehicle’s driver too. Both drivers could share liability for your injuries, which means you could pursue compensation from multiple insurance companies. 

Statute of Limitations for Accidents in California 

It’s essential to immediately file a claim with Lyft’s or Uber’s insurance company. You must also adhere to all legal deadlines. If you inadvertently miss a deadline, you might jeopardize your ability to collect compensation for your injuries. 

In general, the California statute of limitations gives plaintiffs two years from the date of the accident to file a lawsuit for damages resulting from an auto accident. If you fail to file a lawsuit before the deadline, the court will likely dismiss your case. However, this deadline is not absolute. There are exceptions that might give you more or less time to file.  

Let a Long Beach Uber accident lawyer at Beliz Law Firm help you. We will determine what deadlines your claim must adhere to and ensure a lawsuit is filed on time. Do not assume what the filing date is without first talking to a lawyer about how the statute of limitations applies to your case.

Contact a Long Beach Lyft Accident Attorney

If you need legal assistance following a rideshare accident, speak with an Uber and Lyft car accident attorney in Long Beach. At Beliz Law Firm, we know what it takes to build a successful rideshare accident case. We want to help you pursue the compensation you deserve following an Uber or Lyft accident in Long Beach. Contact our office today to schedule an initial consultation and learn more about how we can assist you.