San Bernardino Uber Accident Lawyer

If you are a rideshare driver, the insurance liability coverage varies based on Rideshare Periods. These periods change depending on what the driver is doing.

• Period 1 is when the driver turns on the rideshare application. This period is better defined as the waiting period while the driver is “on the clock” and actively ready and waiting for a rider to confirm a trip. During Period 1, the insurance liability coverage for Uber and Lyft drivers is $50,000 per person, $100,000 for any accident involving bodily injury, and $25,000 for property damage.
• Period 2 is when the application is active, the driver has officially accepted a ride and is en route to pick up a rider. During Period 2, Uber and Lyft’s insurance liability coverage is $1,000,000 for liability.
• Period 3 occurs when the driver has picked up a rider and is in the process of completing the trip; like Period 2, a $1,000,000 policy for bodily injury liability coverage applies. If the Uber or Lyft driver is not at fault for the rideshare accident, the amount of damages a victim can recover is reduced by the amount of insurance available from the at-fault driver.

Passengers of Lyft and Uber vehicles that are involved in car accidents can potentially recover from multiple insurance policies.

If the driver of the ridesharing service was even partially at-fault for the incident, then there is a claim to be made against the rideshare company’s insurance carrier. Additionally, if the other vehicle involved in the accident was also at fault, then there is a claim to be made against their insurance carrier should they be insured.

As always, the issues of Uninsured and Underinsured Motorists [NR1] can come into play.
California law (Cal. Veh. Code 5430) requires that rideshare companies like Lyft and Uber carry a $1,000,000 policy for injuries to passengers and third parties in the event of an accident when the rideshare driver is on-the-clock. Like all insurance companies, Uber and Lyft’s insurance companies want to pay as little money as possible on claims.

These companies will go to great lengths to argue that the rideshare driver is at fault. That is where MKP Law Group, LLP’s law offices can help. Our Uber and Lyft accident lawyers are specialists in accident claims. They can work to help you in obtaining a recovery that justly compensates you for your injuries.

Anyone injured in a rideshare accident such as other drivers, motorcyclists, pedestrians, bicyclists, and anyone else, can present a claim against the Lyft of Uber’s insurance carrier. Conversely, rideshare drivers and passengers can submit a claim against a third-party who is at-fault and responsible for causing the incident.

The damages one can recover for a rideshare personal injury claim are essentially the same damages that can be recovered in an ordinary vehicle accident. Those damages may include the following:

• Medical expenses and bills
• Lost income
• Loss of earning capacity
• Physical pain and suffering
• Emotional Distress
• Loss of Consortium
• Funeral expenses
• Property Damage

In rare cases, special damages known as “punitive damages” can be awarded. Punitive damages are awarded in order to make an example of and punish the at-fault party to deter future wrongful conduct.

A personal injury victim must be able to show that a Defendant acted with a willful or extreme reckless disregard for the safety of others, or with malice, oppression, or fraud, to justify an award of punitive damages

There are about 209,000 drivers in California, about 1 million Uber drivers in the US (2019), and 3.9 million in the world.

Uber has not disclosed more detailed internal reporting so it’s difficult to pin down an exact number of Uber drivers in specific cities or regions. Plus, there is a high turnover rate.

In regards to the accident itself, the collision is similar to other car vehicle crashes.

However, the complications arise when we consider that there are several parties that may be held accountable and we are working with a corporation (rather than only individuals).

Uber, Lyft, and other rideshare accidents involve

1. The driver (who should have a personal insurance policy or, better, a commercial driver insurance policy),
2. The rideshare company (which has a company insurance policy with specific limitations and language that define when the insurance is activated)
3. (Sometimes) A 3rd party driver is also involved in and may have caused the collision.

It depends on who was the negligent party and responsible for the injuries and damages.

If an Uber driver was offline, Uber insurance coverage does not apply and the driver must pay for collision damages.

If an Uber driver is Available, en route, or driving a passenger, the Uber insurance coverage is activated. So, if an accident occurs and the Uber driver was at fault, Uber’s insurance company will pay for the claim.

Drivers: Car damage – Uber’s coverage only will pay for an Uber driver’s car damage if the Uber driver has their own collision coverage on his or her auto insurance policy. Injury claims – Uber insurance will only apply if the other vehicle in the collision was at fault. Secondly, Uber will only pay if there are still damages that need to be paid after consulting the other (or at-fault) driver’s insurance protections. So, if the other driver was either uninsured or underinsured, then Uber would step in and provide coverage for their driver’s injury claim.
Passengers: Personal injury claims for passengers is much like for drivers. Uber will pay if the at-fault party is unable to pay. So, even in Uber accidents, it is important to know who is at fault and make a claim against the party at fault first. Uber’s policy allows up to $250,000 for uninsured motorist coverage and $1 million if the Uber driver was at fault.
Passenger or Driver in a car hit by an Uber driver: Only if the driver was responsible and the insurance was “activated” (i.e. the driver’s Uber app was activated), the Uber insurance will pay for your claim. It’s also important to know that coverages provided are different when the driver is available vs. when the driver is actually driving to or from a pickup.

First, as soon as possible, you need to report the accident to your insurance company and to Uber or the rideshare company.

The statute of limitations in California for personal injury cases is 2 years. That means that within 2 years of the date you were injured (the date of the accident), you must file the claim.

It shouldn’t affect your case.

The AB5 is California Assembly Bill 5. Often referred to as the “gig worker bill,” it came into effect on January 1, 2020.

AB5 requires most companies that hire independent contractors to classify them as employees. This bill initially would have made Uber, Lyft and other rideshare companies have to classify their workers as employees. However, new updates to the legislation in November titled Proposition 22 include exemptions to the initial bill that designates drivers for “app-based rideshare and delivery drivers” as independent contractors.

This means that now AB5 does not affect the status of rideshare workers in the way originally intended for contract employees.

Yes, in California you can recover damages even if you were partially responsible. Your recoverable damages will be reduced by the percentage at which you were at fault as determined by the governing party.

For example, if you were jaywalking and an intoxicated driver hit you, both parties are responsible. The judge will determine the percentage of fault and your financial recovery will be reduced accordingly.

Pedestrian accidents can be very serious and cause lasting injuries. Whether you were hit by a Lyft, Uber, or another rideshare company car, you must prove that the rideshare driver was at fault and that the injured party received serious subsequent damages.

When a person is following pedestrian right-of-way, they retain the right to protection from accidents. Pedestrians injured by a rideshare or Uber Driver’s vehicle need to provide sufficient proof of negligence (evidence) to show the driver was at fault.

In general, contacting an attorney is highly recommended, especially if the question of fault is an issue, you are in a rideshare accident, you have been severely injured or someone died, or you are in a complicated situation. Many lawyers offer free consultations and “contingency service” meaning you don’t have to pay to contact them and seek their expert recommendations such as the team at MKP Law Group, LLP.

Of course, if there are no damages or it was a very small accident, you may prefer not to. However, seeking advice is always a best practice. Talking to an attorney can help clear up any confusion you have and help you with understanding your rights.

Uber works hard to keep their employees “independent contractors.” This means that it is very difficult for passengers or those involved in accidents to sue Uber directly when a rideshare driver such as an Uber driver is at fault.

Rideshare companies in California are required to provide $1 million in liability insurance for uninsured and underinsured parties. So, even when the Uber driver wasn’t at fault in an accident, sometimes it may be necessary to seek out Uber for the protections offered by their services for passengers and drivers. Particularly when the parties at fault do not have insurance to cover the damages you incurred.

In general, if you were in a minor car accident where the other driver was clearly at fault, finding representation can ensure that you receive full compensation for damages incurred. This is especially true if you were at all injured in the accident. Even minor car accidents can cause serious medical injuries such as spinal damage, Traumatic Brain Injuries, concussions, whiplash and more. The neck and head are delicate areas and minor car accidents can cause serious and lasting damage to these parts of the body.

Plus, most lawyers covering car accident injury cases work on a “contingency fee” basis. This means that these lawyers will not get paid any attorney’s fees until and unless they recover damages from your case. So, clients do not have to worry about fees owed to the lawyer until damages are paid out by the negligent party or their insurance provider.

In cases where you were seriously injured and needed significant medical treatment that affected your life, job, and more, hiring a lawyer can help you get a higher settlement. Often insurance companies will offer very low settlements. They are in the business of minimizing payouts, but injured parties have a right to receive compensation for damage caused by another party. Knowing how to prove the value of your losses and navigate legal matters is difficult, having a lawyer helps ensure you receive what you are entitled to under the law.

Right here:

• Uber Driver
• Uber Accident Passenger
• Non-Uber Users Report Form