Can Uber or Lyft Drivers Be Sued for Accidents?

By Staff Reporter | Jan 28, 2020 09:18 PM EST

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Can Uber or Lyft Drivers Be Sued for Accidents?
(Photo : Unsplash)

Ridesharing services such as Uber and Lyft have not only changed the face of public transportation forever. They are also in the process of changing traffic law statutes nationwide.


Even amidst ongoing battles over whether ridesharing drivers should be classified as employees or independent contractors, traffic accidents keep occurring on a daily basis.

Many of these traffic accidents cause damage to property and also personal injury to ridesharing drivers, their passengers, other drivers and passengers and even innocent bystanders.

California traffic law has never been simple to interpret or apply. With the growth in the ridesharing industry, it is only getting more complex. Questions like "can Uber and Lyft drivers be sued for accidents?" sound straightforward but really are not according to California traffic law.

This is why it is important to reach out to a Lyft or Uber accident lawyer right away for expert assistant to get your insurance claims payouts expedited.

Can Ridesharing Drivers Be Sued for Accidents?

Every single driver that enters the roadway can potentially be involved in a traffic accident.

Here, it doesn't matter whether the driver is using their vehicle for personal use or for work.

It also doesn't matter whether the driver works for Uber, Lyft or some other ridesharing company.

Any driver that has been involved in an accident can potentially be sued. However, a more accurate question might be: can a ridesharing driver be successfully sued for their actions behind the wheel?

Here is where California traffic law gets a lot more complicated.

California Is a "Fault" State for Traffic Law Claims

California administers insurance claims payouts based on a "fault" system. This makes traffic accident cases more complicated to navigate than in no-fault states.

This also makes working with an Uber or Lyft accident attorney more important here in the state of California than it is in most other states.

Reason being, no auto insurance company ever wants to have to make a claims payout if they can avoid it.

Auto insurance lawyers and claims adjusters spend their days trying to make sure their drivers are cleared of any fault. Without an attorney on your side, it can be very challenging to get the insurance payouts made for your claims.

How the "Fault" System Works in California

In California, it doesn't matter how many drivers are involved in an auto accident or how much damage that accident caused.

It only matters who caused the accident - in other words, who was at fault.

Deciding who was at fault is the job of a specialist called the insurance claims agent (or assessor). Each insurance company has their own agents who examine all the evidence and the vehicles to determine who was at fault.

A driver can be declared 100 percent at fault, in which case their insurance provider has to pay for all the insurance claims that arise from that accident.

Drivers are often declared to be partially at fault. This means that anyone who has a claim to submit may need to work with more than one auto insurer to get their claims reimbursed.

Drivers can also be cleared of any fault. In this case, their auto insurance provider doesn't have to make any claims payouts (this is what all insurance companies want).

How Uber and Lyft Handle Auto Accident Claims

Both Uber and Lyft now carry policies worth $1 million. These policies cover their drivers to some degree while the driver has the ridesharing app turned on.

But the state or period a driver is in impacts how much of the policy benefits are accessible if an accident occurs that involves the ridesharing driver.

If the driver has the app on but has not accepted a fare, only California state minimum coverage levels apply towards any claims - assuming the ridesharing driver is declared to be partially or fully at fault for causing the accident.

If the driver has the app on and has accepted a fare, this is when the full $1 million policy value is activated. However, the driver still must be declared to be partially or fully at fault for causing the accident or the policy remains off-limits for claims payouts.

How to Sue an Uber or Lyft Driver for Accidents

Many of our clients here at West Coast Trial Lawyers are understandably quite confused about how all of this works here in the "fault" state of California.

But what they do understand is that their claims reimbursement process seems stalled out and nothing they try seems to get it moving again.

The reason traffic accident claims in general and ridesharing accident claims in particular can be so difficult, costly and lengthy to navigate is because of other lawyers...specifically, the legal teams hired by the ridesharing giant and the auto insurance providers.

By hiring your own ridesharing accident lawyer, you can sue the driver responsible for your injuries and property damage and keep your claims payout process moving forward.

How to Hire an Uber or Lyft Accident Attorney

Most people may only hire a lawyer once or twice in their lifetime. For most of our clients here at West Coast Trial Lawyers, it is their first time ever hire an attorney, let alone an Uber accident lawyer.

So if you are not sure how the process works or what to do to find a ridesharing accident lawyer you can trust, follow these steps:

1. First verify the attorney is licensed to practice in the state of California.
2. Check to make sure the lawyer specializes in California traffic law.
3. Research past client testimonials and referrals to learn about their success rate.
4. Look to see if the attorney has handled other cases similar to yours.
5. Make sure the attorney offers the initial consultation free of charge.
6. Meet with the Uber accident lawyer and decide whether it is the right fit for you.

While it is true you need to hire an experienced California traffic lawyer to handle your ridesharing lawsuit, you also need to be sure the specific lawyer you choose is someone you feel comfortable with.

This is the professional you will trust to do the right thing by you, potentially in front of a traffic court judge in a court of law. Definitely do your research up front to narrow down your choices. But ultimately, you will need to trust your gut about who to choose.

Have You Been Involved in a Ridesharing Accident? Give Us a Call

Navigating the insurance claims process for any type of California auto accident is difficult enough. But when the accident involves a ridesharing driver, the complications easily double.

This is because ridesharing law itself is such a new and evolving field within the greater arena of California traffic law. Each case can potentially set a new legal precedent nationwide. As a result, proceedings are often difficult and drawn out.

If you have been involved in a ridesharing accident, whether as a driver, a passenger or a bystander, you need the help of a ridesharing accident lawyer. Give West Coast Trial Lawyers a call to schedule your free no-obligation initial consultation.

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