Uber and Lyft Accidents

Uber and Lyft Accidents


Uber and Lyft accidents involve a heightened level of duty by your driver and involve unusual insurance liability and subrogation issues that are difficult to fully resolve without an attorney.

UBER, LYFT [AND SIMILAR BUSINESSES] ARE COMMON CARRIERS WITH A HEIGHTENED DUTY TO THE PASSENGERS UNDER CALIFORNIA LAW:   If you were a passenger in an Uber/Lyft car and your own Uber/Lyft driver caused the accident, then California's common carrier laws would apply to the driver.

 

UBER, LYFT CASES OFTEN HAVE COMPLICATED SUBROGATION INSURANCE ISSUES:  If your own Uber/Lyft driver is at fault for the accident, they will have a written contractual arrangement with their drivers who retain their insurance or have other arrangements that are governed by those contracts. As such, defense attorneys will need to establish with your attorney the certainty of insurance coverage before releasing any party such as Uber or Lyft from the case. This can become very complicated in some cases, such as when the Uber or Lyft driver had an insurance lapse at the time of the accident, for example. Additionally, the insurance may be excess coverage in the event a third party causes an accident, and you are looking for underinsured or uninsured motorist coverage from the Uber/Lyft driver as excess coverage. Hiring an attorney will help you navigate this complication, who will ensure that you are not left without coverage no matter what attempts are made by the insurance carriers to avoid responsibility.

UBER/LYFT KEEP RECORDS ABOUT THEIR DRIVE AND ROUTES:  If your accident is caused by a third party, and not your Uber driver, then the Uber driver may have records about the route, time, date, and other vital information regarding the accident that they may have shared with the Uber company. Obtaining that information is not always easy, and may require a subpoena from your attorney to gain possession of it. 

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