Filing a Lawsuit After an Uber or Lyft Car Accident 

Steven A. Bagen | June 5, 2024 | Car Accidents

If you’ve been in an accident involving an Uber or Lyft vehicle, you may feel shaken, confused, and unsure about what to do next. Rideshare accidents can be stressful, especially when you’re already dealing with medical concerns, financial strain, and emotional trauma. Rest assured, you’re not alone, and understanding your rights and the legal steps ahead can make a huge difference.

If you were injured as a passenger in an Uber or Lyft, it’s important to contact an experienced rideshare accident lawyer as soon as possible. Prompt legal guidance can help protect your rights, preserve critical evidence, and ensure you pursue the full compensation you’re entitled to.

Steps to Take After an Uber or Lyft Accident Lawsuit

First, let’s walk through what to do after a rideshare accident and help you feel more in control of your situation. These steps will also help strengthen your Uber or Lyft lawsuit should you choose to file one. 

Take Care of Your Health First

Your health and safety are the most important priorities after any accident. If you’ve been injured, it’s critical that you seek medical attention right away—even if your injuries seem minor at first. Adrenaline from the accident can mask pain, and some injuries, like concussions or internal damage, might not show symptoms immediately.

Getting prompt medical care not only ensures your well-being but also creates a record of your injuries. This documentation can play a crucial role if you decide to file a claim or lawsuit later. Make sure to follow any treatment plans your doctor recommends and save all medical bills and records. They will serve as evidence of the impact the accident has had on your health and finances.

Report the Accident

After making sure you’re safe and seeking medical care, the next step is reporting the accident. Here’s how you can do that:

1. Call the Police
   Always dial 911 and report the accident to local law enforcement. An officer will arrive at the scene to document what happened and create an accident report. This report can be an essential piece of evidence for your case, as it includes details about the parties involved, the circumstances of the crash, and any citations that may have been issued.
2. Notify the Rideshare Company
   Both Uber and Lyft require passengers and drivers to report accidents involving their vehicles. You can report the accident through the rideshare app under the help or support section. Be sure to provide accurate and honest information about what happened. This notification helps initiate a claim with the company’s insurance, which could be instrumental in covering your damages.

It’s important to stick to the facts when communicating with the rideshare company or insurance representatives. Avoid admitting fault or making speculative statements about the cause of the accident.

Gather as Much Evidence as Possible

The more evidence you have, the stronger your case will be. If you’re physically able to, try to gather evidence at the accident scene. Here’s what to focus on:

• Photos and Videos
  Use your phone to take pictures of the accident scene, including vehicle damage, license plates, traffic signs, weather conditions, and skid marks on the road. If you or any passengers have visible injuries, document those as well.
• Witness Information
  If there were witnesses to the accident, ask for their names and contact information. Their statements could help support your claim.
• Contact Details
  Exchange names, phone numbers, driver’s license numbers, and insurance information with all drivers involved, including the rideshare driver. If the driver was transporting someone else as a passenger, try to get their information too.
• Rideshare App Details
  Take screenshots of your rideshare app, including details about your trip, such as the pickup location, destination, fare amount, and time of travel. This information can help establish the rideshare company’s involvement in the accident.

The more thorough you are in documenting what happened, the easier it will be to build a strong case later.

Understanding Liability in Rideshare Accidents

One of the most common questions after a rideshare accident is, “Who is responsible?” Determining liability can be challenging because there are multiple parties involved.

Rideshare Insurance Policies

Rideshare drivers are required to maintain personal auto insurance, but Uber and Lyft also provide additional insurance coverage, which applies under specific circumstances. These policies vary depending on what the driver was doing at the time of the accident:

1. When the Driver Is Not Logged into the App
   If the driver was not logged into the Uber or Lyft app, their personal auto insurance is solely responsible for the accident.
2. When the Driver Is Logged into the App but Not Accepted a Ride
   During this time, the rideshare company provides limited liability coverage, typically up to $50,000 per person for injuries, $100,000 per accident, and $25,000 for property damage.
3. When the Driver Has Accepted a Ride or Is Transporting a Passenger
   Once the driver has accepted a ride or is actively transporting passengers, Uber or Lyft provides up to $1 million in liability insurance coverage. This coverage also includes uninsured/underinsured motorist coverage, which could help if the at-fault party doesn’t have adequate insurance.

Other Potentially Liable Parties

Besides the rideshare driver and company, other parties could also be liable for the accident, such as:

• Another driver who caused the collision
• A pedestrian or cyclist if their actions led to the crash
• A vehicle manufacturer if a defect contributed to the accident
• A government entity if poor road maintenance or hazardous conditions were a factor

Identifying the responsible party or parties is crucial because it will determine whose insurance coverage you can pursue for compensation.

Know What Damages You Can Claim

If you’ve been injured in a rideshare accident, you may be entitled to financial compensation for various damages, including:

• Medical Expenses
  This includes hospital bills, surgery costs, physical therapy, prescriptions, and future medical care related to your injuries.
• Lost Wages or Income
  If your injuries prevent you from working, you can seek compensation for lost income. For severe injuries, you may also claim lost earning potential if you’re unable to return to your previous line of work.
• Pain and Suffering
  Accidents can take a toll on your mental and emotional health. Compensation for pain and suffering addresses the physical pain, emotional distress, and reduced quality of life caused by the accident.
• Property Damage
  This covers the cost of repairing or replacing personal property damaged in the accident, such as your vehicle, phone, or other belongings.
• Disability or Disfigurement
  If you’ve experienced a long-term disability or visible disfigurement due to the accident, you may be entitled to additional compensation for the lasting impact on your life.

Understanding the full scope of your damages can help ensure you don’t settle for less than what you truly deserve.

Filing a Lawsuit Against Uber or Lyft

Rideshare companies like Uber and Lyft have complex legal structures designed to protect their bottom line. They often categorize their drivers as independent contractors rather than employees, which can complicate lawsuits. However, here’s what the process might look like if you decide to file a claim:

1. Consult an Attorney
   Rideshare accidents involve unique legal challenges, so it’s important to work with a personal injury attorney who has experience handling these types of cases. A lawyer can evaluate your situation, identify the liable parties, and negotiate with insurance companies on your behalf.
2. File an Insurance Claim
   Your attorney will typically begin by filing a claim with the appropriate insurance company (e.g., the rideshare company’s insurance, the other driver’s insurance, or your own). Often, cases can be resolved through settlement negotiations without the need for a lawsuit.
3. File a Lawsuit, if Necessary
   If settlement talks break down or the insurance company refuses to offer fair compensation, your attorney may recommend filing a lawsuit. This involves formally presenting your case in court, where evidence and arguments will be weighed by a judge or jury.

The process can take time, but a skilled lawyer can guide you every step of the way, advocating for your rights and fighting for the compensation you’re entitled to.

What Happens After You File a Lawsuit?

Filing a lawsuit after an Uber or Lyft car accident may feel like a big step, and it’s natural to wonder what comes next. While the legal process can seem overwhelming, understanding the key stages can help you feel more confident and prepared. Here’s an overview of what typically happens after you file a lawsuit.

The Discovery Phase

Once your lawsuit is filed, both sides enter what’s called the discovery phase. During this stage, your attorney and the opposing party’s legal team gather evidence to build their cases. This could include:

• Requesting documents like police reports, medical records, and insurance policies.
• Taking depositions, which are recorded interviews where you, witnesses, or the other driver share your account of the accident.
• Submitting written questions, also known as interrogatories, for more detailed information.

The discovery phase is critical because it allows both sides to fully understand the facts of the case. It can feel tedious at times, but trust that your attorney is working hard to use this information to strengthen your claim.

Settlement Negotiations

After gathering and reviewing the evidence, there’s often an effort to reach a settlement before heading to trial. Your attorney will negotiate with the insurance company or the other party’s legal team to find a resolution that fairly compensates you for your damages.

Settlements can save time and avoid the stress of a courtroom battle, but it’s important not to rush into an agreement. A low settlement offer might be tempting when you’re dealing with bills and uncertainty, but your lawyer will fight to ensure you receive what you’re truly entitled to.

Trial Preparation

If settlement negotiations fail to reach an agreement, the next step is preparing for trial. While this may sound intimidating, your attorney will handle most of the heavy lifting. Trial preparation involves:

• Organizing and presenting evidence that supports your case, such as medical records, accident reconstruction reports, or witness testimonies.
• Preparing you to testify, if necessary, so you feel confident explaining your experience to the court.
• Strategizing a clear and compelling argument to demonstrate why you deserve fair compensation.

Trials are relatively rare in rideshare cases, as many lawsuits are resolved through settlement. That said, if your case does proceed to court, your attorney will be by your side every step of the way.

Potential Outcomes

The outcome of your case will depend on various factors, including the strength of the evidence, the details of the accident, and the willingness of the opposing party to negotiate. Here are the most common outcomes:

• Reaching a Settlement Before Trial
  Most personal injury lawsuits are resolved with a settlement, where you receive compensation without needing to go to court.
• Winning at Trial
  If your case goes to trial and the verdict is in your favor, the court will determine the compensation you’re owed. While this can take time, it can result in a larger payout.
• Appeals
  If the opposing party is unhappy with the trial outcome, they may file an appeal. This is less common but can extend the legal process. Your attorney will continue to advocate for your rights if this happens.

Navigating the Process with an Attorney

Having a lawyer handle your lawsuit improves your chances for a successful outcome. Your lawyer’s job is to guide you through each step, handle negotiations, and represent your best interests. With the right legal support, you can stay focused on what truly matters—your recovery and getting back on your feet.

Contact a Trusted Rideshare Lawyer for Help

Handling a rideshare accident claim can be stressful. At Steven A. Bagen & Associates, P.A., we’ve spent over 40 years “Fighting for Florida’s Injured.” Our experienced legal team is here to guide you through every step of the process, from understanding your rights to achieving a fair settlement or verdict.

With more than 100 years of collective legal experience, a 99% success rate, and a deep commitment to client satisfaction, we’ve secured hundreds of millions of dollars for injury victims across Florida. And with our no-fee guarantee, you won’t pay us a dime in attorney’s fees unless we win your case.

If you or a loved one has been injured in an Uber or Lyft accident, contact our compassionate team today. Your first consultation is completely free, and we’re available 24/7 to discuss your case. Contact us today at  (800) 800-2575 or through our online form to get started.