Reviewed by Adrianos Facchetti, Esq. California State Bar No. 243213. This page was reviewed for California personal injury accuracy, legal clarity, and usefulness for people injured in Uber, Lyft, and rideshare accidents in Encino. You can verify Adrianos Facchetti’s license through the California State Bar attorney search.
Injured in an Uber or Lyft Accident in Encino?
It is important to consult an Encino rideshare accident lawyer who can help you figure out which insurance policy covers your case; preserve any app-based evidence while it is available; determine who is at fault; and negotiate with either the rideshare company, the driver’s insurer, or another party. Such claims are more complex compared to a regular car accident because of the variable nature of coverage that changes depending on when during the cycle of picking up a ride a driver was in the moment of the accident.
The Law Offices of Adrianos Facchetti, Accident & Injury Lawyer, provides services to clients suffering from injuries in accidents throughout Encino and the San Fernando Valley, including such busy areas as Ventura Boulevard and Balboa Boulevard and close to the US-101. In our experience as an Encino personal injury lawyer, we see how a rideshare accident causes confusion among injured passengers, drivers, pedestrians, and cyclists in regard to who should be responsible for their injuries and confusion is usually built into this process.
Why Rideshare Accident Claims Are More Complex
In a regular car accident, there are two drivers and their two insurance policies involved. A rideshare crash can involve multiple insurance policies, but it is not always easy to understand immediately which one is responsible.
Rideshare company, personal automobile insurance, and commercial rideshare insurance companies often argue who is responsible for a given accident, and it mostly depends on the exact status of the driver in the app at the moment of collision. The backseat passenger will likely be unaware of his status and which insurer he should contact. Rideshare drivers sometimes find out that their personal auto insurance does not cover the accident as it explicitly excludes commercial and rideshare activity.
Pedestrians and cyclists who get hit by an Uber or Lyft driver need to file their own independent claims, regardless of what happens between the rideshare company and its driver. Also, because most of the evidence, trip data, status, and route are stored within an app, they can disappear or be less accessible with time.
How Uber and Lyft Insurance Coverage Could Change
Generally speaking, Uber and Lyft insurance coverage is contingent upon what the status of the driver was shown to be in the app at the time of the accident; this could make for a wide variety of different insurance coverage levels in each of the following scenarios.
If the driver was offline, meaning that the app was off and he or she was not logged in for a shift, then personal auto insurance is going to be the proper coverage; no matter whether or not a person uses rideshare services, this is going to be the coverage that will apply when the app is not active.
If the driver was logged in but was still not accepting ride requests, then a somewhat limited coverage provided by the rideshare company may apply, which is less generous than in the case when the actual trip has been made.
In case the driver accepted the ride and was on the way to the passenger or was transporting the passenger at the time of the accident, the increased rideshare coverage will come into force since the driver was involved in an active trip via the platform.
It is impossible to give a specific amount of the insurance coverage here since it depends on many specifics that we would need to check. We won’t promise anything in advance.
Who May Be at Fault After a Rideshare Accident?
Fault will depend on what exactly occurred, and there may be more than one at-fault party in the same accident.
- The Uber or Lyft driver, in case their negligence, distractions, or bad driving led to the accident
- A negligent driver, if a third vehicle played some part in causing the accident
- The rideshare company, based on the circumstances of the app usage of the driver, but not automatically in all cases
- The owner of the vehicle, if it is not the same as the driver
- The employer or the delivery service company, if it is a driver performing the delivery job for another platform
- A defective vehicle or its parts manufacturer, in a rare instance when mechanical issues have caused the accident
- A governmental agency or any other organization, if the danger on the roads or the government car had a role in the accident
In case of an accident involving the more traditional type of another driver, you may check out our resource about Encino car accident attorneys.
Actions After Uber/Lyft Accident in Encino
- Contact the police immediately and ask for a report. It will be an official record of the accident.
- Get medical help at once, even if your condition seems insignificant. The thing is that some injuries become visible after some time.
- Collect all evidence, including screenshots of your ride, driver, receipt, route, and messages in the application. Collecting of this type of evidence can be quite complicated.
- Take photos of your car, your injuries, the scene, and the road conditions. Try to collect as much information as possible.
- Report the accident using the Uber/Lyft application. You will have the record of your accident on their platform.
- Avoid giving recorded statements without being aware of which insurance company you are dealing with. There can be several such companies, and it’s better to know with which one.
- Consult your lawyer if there are any injuries or disputes concerning fault or if there are several insurance companies.
Evidence That Could Be Useful in Proving a Rideshare Car Accident Case
- Receipt for the ride
- Screenshots from the Uber/Lyft app
- Name and description of the car of the driver
- Information about route
- Police report
- Witnesses’ contact details
- Pictures of damage to vehicles
- Pictures of injury
- Footage from the dash cam or surveillance camera
- Medical reports
- Insurance communications
- Messages from the app
- Location and time of the crash
App status of the rideshare driver at the moment of the accident
In particular, the evidence from the app may be more difficult to obtain the more time that passes since information about trips and drivers may not necessarily be available later on.
What Can Be Compensated In the Case of a Rideshare Accident
The actual types of compensation depend on many factors, including liability, available evidence, insurance coverage, and the extent of your injuries. In light of the specifics of your case, the types of compensation can include but are not limited to:
- Emergency medical services
- Medical expenses
- Subsequent treatments
- Physiotherapy
- Loss of income
- Loss of future earnings
- Pain and suffering
- Mental anguish
- Other out-of-pocket expenses
- Property damage
- In case of wrongful death, wrongful death compensation is available.
There’s no one-size-fits-all formula that would apply in all cases, and it will depend on the specifics of your case upon the establishment of liability and insurance coverage. In case you have been injured by a rideshare vehicle while walking or cycling, the information about Encino pedestrian accident lawyers and Encino bicycle accident lawyers can help you, as the case is handled differently from the passenger case.
Deadlines in California That May Apply
Typically, many personal injury lawsuits in California have to be brought within two years from the date of the injury in accordance with California Code of Civil Procedure § 335.1. These deadlines apply in cases where the claim is brought against the rideshare driver, another car, or any other company that may have been involved in the accident.
Where there was an involvement of a government entity or the crash involved a government vehicle, the deadline could be substantially shorter at about six months, according to California Government Code § 911.2.
The evidence and app data need to be saved even before the deadline of filing the lawsuit because this evidence becomes difficult to locate with time passing.
How Does Attorney Adrianos Facchetti Analyze the Rideshare Accident Claim
Initially, it is essential to determine your position in the accident because your involvement in the accident can be as a passenger of the rideshare company, a rideshare driver, a pedestrian, a cyclist, or a passenger of some other vehicle.
Secondly, it is crucial to determine if the driver of the rideshare company was online or offline, if he was en route for picking up a passenger or just picked him up at the moment of the accident, and so on. We need to determine which insurance policy is applicable to your case and if it is applicable. It will help us determine which companies and drivers are liable for your damages and injuries.
It is vital to examine your medical records to see the total picture of your condition. We will analyze if one of the involved insurers tries to dispute your claim. During the whole procedure, it is essential to protect your deadlines.
Speak to an Encino Rideshare Accident Attorney
Have you been injured in a rideshare accident in Encino? It could be well worth your while to have some help figure out what insurance policy applies to your situation before any time goes by and your proof is harder to access. After all, talking is free.
The Law Offices of Adrianos Facchetti provides a free case evaluation with no fees until we settle your case. We aren’t going to make you any promises that we can’t keep without knowing more information, but we can definitely tell you what’s up. Get in touch on our site.
