Across the United States, rideshare services such as Uber and Lyft have become popular alternatives to commuting and traditional taxicab services. With a rideshare app like Uber or Lyft, an individual can summon a personal driver online for a trip wherever they need to go, competitively priced based on demand in the area.
These services can be beneficial. They help curb pollution by cutting down on the number of vehicles on the road and provide safe passage home to intoxicated people who may otherwise attempt to drive home under the influence. However, the popularity of rideshare services has, unfortunately, caused a great deal of contention when it comes to accidents involving their drivers.
If you recently took advantage of a rideshare service and experienced an accident during your trip, you might have trouble navigating the insurance issues and your options for civil litigation against the party responsible for your accident. A rideshare accident personal injury lawyer in Denver, Colorado, can help you make sense of the many issues that might arise following an accident as an Uber or Lyft passenger.
Why Choose the Law Firm of Jeremy Rosenthal?
When you need a personal injury attorney in the Denver, Colorado area, it’s essential to find one who understands the complexities of your case and is capable of providing a realistic interpretation of your claim. Attorney Jeremey Rosenthal offers aggressive, responsive, and individualized legal counsel to Denver area clients with personal injury claims. He has done so for over a decade.
After choosing the Law Firm of Jeremy Rosenthal, your attorney will carefully review all of the details of your case and gather the evidence you need for a substantial claim. Our firm knows how to uncover often-overlooked channels of compensation to help our clients recover, and we never back down from intense litigation with rideshare companies, their insurance carriers, or third parties involved in a claim.
Insurance Concerns with Rideshare Accidents
When rideshare companies like Uber and Lyft first launched, the public embraced this new form of transportation service readily. Unfortunately, accidents involving rideshare drivers seemed to become a trend. Victims of such accidents were left wondering how to handle these situations when it comes to liability for their damages. When rideshare companies started, they typically required their drivers to use their own auto insurance, and that insurance would come into play as it would with any other car accident. However, legislation shifted across the United States, compelling rideshare companies to assume higher levels of responsibility when it comes to the drivers they hire and how they handle accidents while their drivers are transporting fares.
Today, Uber and Lyft have their own insurance policies that come into play, depending on a driver’s current phase of service.
The Uber insurance plan provides the following coverage:
- When a driver turns off the Uber Driver app or is offline, the driver’s auto insurance applies to any accidents that might occur during this time.
- When a driver is set to “Ready” or is anticipating a ride request, the Uber insurance plan provides third-party coverage if the driver’s auto insurance isn’t applicable. In this situation, insurance provides up to $50,000 in bodily injury per person, up to $100,000 in bodily injury per accident, and up to $25,000 in property damage per accident.
- When a driver is on the way to pick up a passenger or transporting a passenger to their destination, Uber provides $1,000,000 third-party liability coverage, contingent comprehensive and collision coverage, and uninsured/underinsured motorist coverage.
Lyft provides very similar insurance terms, so riders who use either service should familiarize themselves with the terms of these two insurance plans before using these services.
Determining Liability for a Rideshare Collision in Denver
When a rideshare driver has an accident with another driver, determining liability follows the same path that it would for any other car crash. Depending on how the accident occurred, the rideshare driver could be at fault, or liability may fall to another driver. As a passenger in a rideshare vehicle, you should rest assured knowing that you will not incur liability for the accident unless you somehow interfered with the driver or their vehicle in some way.
As a passenger of Uber or Lyft, the rideshare company’s third-party liability coverage would likely apply to your accident. However, dealing with insurance companies is rarely easy. In most cases, insurance companies prefer to look for any reason they can find to deny a claim or reduce a claim payout. You dramatically increase your chances of success with an insurance claim when you secure legal representation from an experienced rideshare accident attorney in Denver, Colorado.
Proving fault for any accident requires establishing the at-fault party’s negligence, or failure to act with reasonable care in a given situation. This could include failing to stop at a red light, speeding, driving under the influence of drugs or alcohol, or failure to address a known mechanical issue with their vehicle. The plaintiff’s attorney in a personal injury lawsuit must prove the defendant in the case owed a duty of care, failed to abide by that duty of care, and directly caused the plaintiff’s claimed damages.
Potential Damages Recoverable from a Personal Injury Lawsuit
If you suffer injuries and economic damages from an accident that occurred while you were a passenger in a rideshare driver’s vehicle, the insurance coverage from the rideshare company should, in theory, cover your damages. However, if insurance coverage is unavailable or the insurance company denies your claim, you will need to work with a rideshare accident lawyer in Denver, Colorado, to secure the compensation you need to recover.
Like any other personal injury case, a personal injury claim for a rideshare accident can help an injured plaintiff recover several types of damages, including:
- The cost of short and long-term medical expenses, from hospital bills to rehabilitative care for serious injuries.
- Lost income. If a victim cannot work due to their injuries, they can claim the lost income as damages in a personal injury lawsuit.
- Property damages if the victim’s personal property was damaged or destroyed in the accident.
- Pain and suffering damages, which compensate a victim for the physical pain and emotional distress they experience due to another party’s negligence.
In typical car accident claims, these situations only proceed to civil lawsuits when the at-fault driver’s insurance company refuses to pay for a victim’s claim or if the at-fault driver does not have adequate insurance coverage to compensate the victim’s losses fully. In the case of rideshare accident claims, the extensive coverage provided by Uber and Lyft is usually enough to cover an injured passenger’s damages fully.
If the rideshare driver caused the accident, then the respective rideshare company’s insurance coverage takes effect. If a third party causes the accident at no fault of the rideshare driver, the rideshare passenger would then file a claim against the at-fault third party’s insurance policy. Car accidents happen quickly, and liability isn’t always entirely clear. This is why it is so important for injured rideshare passengers to secure legal counsel as soon as possible following these types of accidents.
Connect with a Rideshare Accident Lawyer in Denver, Colorado Today
If you recently suffered injuries in a rideshare accident in the Denver, CO area, it’s vital to seek legal counsel as soon as possible. An insurance company may attempt to take advantage of an injured claimant who does not have legal representation or stall a claim long enough to compel the claimant into accepting a much lower settlement than they should. Ultimately, speaking to an Uber or Lyft accident attorney in Denver, Colorado, as soon as possible is the best way to protect yourself and increase your chances of recovery following a rideshare accident.
Contact the Law Firm of Jeremy Rosenthal today to schedule a free case evaluation about your recent rideshare accident in Denver. Once we have the details of your case, we will let you know how our firm can help and what to expect from your claim.