The ridesharing services like Uber and Lyft are getting more popular in recent years. In some cities, they have managed to become a major option and win the competition over taxi services. While there are many advantages of using these services, you have to know more about your rights in case of a car accident while you are a passenger.
Different situations could affect the responsibility of people who took part in the accident. In case that you got into a car crash while using the Lyft or Uber app, the first thing to do is to be sure that everyone is safe and call 911. Safety should always be in the first place, and you can wait for other procedures after potentially injured people are hospitalized.
After that, you can prepare your ID and other documents to file a police report. In case that you are the driver, contact the company you are working for and take photos of an accident. When you finish with the basic procedure, you should contact the lawyer. The best option, in this case, is to look for professionals experienced in this field, like Sierra Legal Group.
The process depends on whether you are a driver or a passenger. When it comes to drivers, the liability can be differently related to the status of the driver, such as being an employee, occasional worker, or if you were driving an Uber car for private reasons. Many other factors can affect the responsibility and amount of charges. We are going to analyze more about the liability of Lyft and Uber accidents in California.
When You Are the User of the Service
The car accident where you were a passenger should provide you with proper compensation no matter if the responsible person was the driver or some other person. It is important to know that California has a regulation related to these ridesharing apps where they have to cover your medical expenses and secure the compensation.
The standard coverage premium is $1 million. In case that the other person caused a car crash, both driver and passengers will file a lawsuit against that person. Still, even if that side does not have proper insurance, the company will cover your charges. Also, you should know that not wearing a seatbelt might lead to a decrease in the amount you could get.
When Driver is Responsible
This also can be quite complex when it comes to the determination of whether the Uber or Lift drive is liable for an accident and who will have to pay for the coverage and penalties. The important factors are related to the driver’s activities at the moment of a car crash, such as not using the app at the moment, driving to the destination to get the client, and driving a client.
The accident will be treated as any other if the driver was not using the app at the moment. That means that the process will not involve these companies. However, it is important to know that the driver might try to hide some facts in order to avoid liability and charges.
That is the main reason why it is crucial to hire an expert who will demand the examination of the profile in the app since there is a record kept about the driver’s activities. If you are a worker, and you hit a bicycle or a pedestrian, it is again important to determine who is responsible.
When it comes to the premium of drivers, is also the same for standard ones. California has regulated this area, and the minimum premiums are $5,000 for damaging cars and property, $30,000 for casualties, and $15,000 for caused death during the crash. The charges can be different for drivers depending on what they were doing at the moment. The worker can also expect proper compensation in the case that he was having a passenger or in case that he was driving to pick one.
Should Passenger File a Lawsuit Against the Driver or the Company?
As we already mentioned, it depends on the occasion. For instance, if the driver was not using the app at the moment, you won’t able to prove that you were a client. The problem is that the driver might try to use some methods to avoid liability and prolong the process in court. That is the reason why you should always demand a digital tracking of that vehicle on the day of the crash.
Furthermore, the worker will still be the only responsible person if he is the one who caused the accident. For you as a passenger, it is not so important who will claim the liability as long as you are able to start the process on the court and demand compensation. The company might provide you with additional charges if the driver had some reckless moves that lead you and other people in danger.
Type of Coverage You Can get as a Client
Many things are completely the same as standard regulations. Therefore, you can expect to get a full payment of medical bills, compensation for more serious injuries, additional coverage in the case that you need to stay at home until your recover, mental pain, and much more. Moreover, you can expect payment for difficulties that you have at work, lost profit, and other potential issues caused by a car accident.
Both Lyft and Uber are treating workers as independent contractors, which can help them so save a lot of money in case that some of them get into an accident. Moreover, you can get compensation even if you took part in a car crash and were one of the people responsible for that as well.
The situation can be much more complicated for the worker since he must prove that he was using the app to collect or drive someone so the company will cover all of the expenses. However, that can be the case only when the driver was not responsible.