Can I sue Uber - FAQ from Dolan Law Firm - nation's leading Uber car accident attorneys

Can I Sue Uber: Answers to Frequently Asked Questions

Can I sue Uber or Lyft to obtain full compensation for the injuries I suffered in a car accident? Yes, we discuss the possible type of cases that may arise as well as the damages you many be entitled to even if the Uber driver or Lyft driver was not at fault for the traffic collision. 

We are also asked if the Uber and Lyft drivers are obligated to carry insurance and whether to sue Uber or Lyft, the driver, or both. Sometimes the questions concerning Uber’s and Lyft’s liability arise when another driver was at fault. We answer these questions below.

If you were injured in an Uber accident or Lyft crash, whether or not the rideshare driver was at fault, we can assist you. For a free case evaluation, please call us today at 415-636-8160 or complete our online contact form.

Can I Sue Uber When The Uber Car Driver Was At Fault For The Crash?

You may have been injured while

  • a passenger in an Uber or Lyft car,
  • driving or riding in another vehicle hit by an Uber or Lyft car, or
  • a pedestrian, motorcyclist, or bicyclist hit by an Uber or Lyft car

If you were hit by an Uber or Lyft driver, you must be able to prove that someone was negligent in order to have a claim.

As in any car accident case, the person bringing the claim must be able to prove two things in order to win the case: liability (who was at fault) and damages (how badly you were injured).

Even if the Uber or Lyft driver was primarily at fault, it may be difficult to recover from the driver if he or she only has a personal auto insurance policy. The reason is that personal auto insurance policies do not provide coverage when a driver is engaged in a commercial operation, which includes carrying passengers for a rideshare company.

Attorney Chris Dolan recognized this as a serious issue when Uber and Lyft began operations. As President of the Consumer Attorneys of California, he wrote state authorities and lobbied the Legislature to regulate rideshare companies and require that they carry adequate insurance for their drivers.

As a result, California Vehicle Code Section 5430 provides that rideshare companies must carry $1 million in insurance for death, personal injury, and property damage.

The $1 million in insurance covers claims arising from the Uber or Lyft driver’s use of a vehicle from the moment the driver accepts a ride request on the Uber or Lyft app until the driver completes the transaction on the app or until the ride is complete, whichever is later.

If the Uber or Lyft driver caused a crash during the time he or she was available but between trips, the rideshare companies are required to offer insurance but at a much lower amount. However, in this situation, the driver’s personal auto insurance will likely also provide coverage.

Can I Sue Uber When Another Driver Was At Fault For The Collision?

You may have been injured due to the reckless or careless driving of another motorist while you were

  • a passenger in an Uber or Lyft car, or
  • the driver of an Uber or Lyft car.

Here, whether you were the passenger or the rideshare driver, you may bring a claim against the driver of the other vehicle driver at fault.

While motorists in California are required to carry insurance, many Californians violate the law and drive without insurance. Moreover, the law allows auto insurance policies to be as low as $15,000 for causing an injury or death to a person.

As a result, the driver at fault may not have the financial resources to compensate you for your injuries. California Vehicle Code Section 5430 can also assist you. It requires that rideshare companies carry $1 million in uninsured and underinsured insurance. The coverage applies from the moment a passenger enters the Uber or Lyft car until the passenger exits the vehicle.

What is uninsured and underinsured motorist coverage? Let’s start with what it isn’t. When we think of insurance, we think of liability insurance. It protects your assets if you are at fault for an accident and you hurt someone or damage someone else’s property.

Liability insurance does not, however, protect you from damages you suffer in an accident that is someone else’s fault. That’s where uninsured and underinsured motorist coverage applies. Thus, even if the driver of the car at fault may not have any insurance, or too little coverage, California law requires that the rideshare companies provide $1 million in insurance. Attorney Chris Dolan played an instrumental role in securing the passage of this legislation and ensuring injured persons receive compensation.

What Damages May I Recover In An Uber Car Accident?

Under the law, the damages you may obtain for a car accident include compensation for:

  • Past and future physical pain and suffering, mental anguish and physical impairment;
  • Past and future medical, hospital, rehabilitation, disability and other health care related expenses;
  • Past economic losses including lost wages, salary or income and property damage;
  • Loss of future income due to any long-term disability and permanent diminished earnings capacity;
  • Punitive damages (for outrageous wrongful conduct); and
  • Wrongful death when the lawsuit is brought by the family of the loved one who died.

Will I Save Money If I Try To Deal Directly With Uber Or Lyft’s Insurance Company And Settle My Case Without An Attorney?

For a case involving catastrophic injuries or a death, the answer definitely is no. If you try to settle your case with Uber or Lyft instead of discussing the factual and legal issues first with an attorney, you will be making a grave mistake. Even in cases involving fractures, concussions, and other substantial injuries, we have been able to obtain for our clients far more than the initial offer they received.

After the accident, you can expect to be called by an insurance agent working for Uber or Lyft. We recommend that you do not give any recorded or written statements to the insurance company without speaking to an attorney first.

You will likely receive far less of a recovery than if you retain an attorney with substantial experience in litigating against Uber and Lyft. It is the insurance company’s mission to limit the payouts. You may be told you did not need the medical care you received, do not need future medical care or physical therapy, and you yourself were responsible for the injuries you suffered.

You need an experienced Uber injury and Lyft accident attorney on your side committed to ensuring you receive the full damages you are entitled to under the law.

Why Should I Retain The Dolan Law Firm To Prosecute My Uber Or Lyft Case? 

We are the leading law firm in the nation for bringing lawsuits against Uber and Lyft. Our pioneering work in the first lawsuit against Uber for wrongful death of a pedestrian helped lead to legislation in California requiring Uber and Lyft to have $1 million dollar in insurance for their drivers.

Specifically, we offer our Lyft and Uber car accident clients the following advantages:

  • We are relentless and principled advocates for our clients. We offer each client individual superior legal representation backed by substantial financial and technological resources that no individual attorney or small law firm can provide;
  • We thoroughly investigate each case and have access to the leading accident reconstruction and biomechanics experts for cases involving brain, spine, neck and back injuries;
  • We are known for taking challenging and complicated cases to trial and prevailing. As a result, we often obtain recoveries far above industry averages, including some of the largest verdicts and settlements ever in individual injury lawsuits in California;
  • We will review your claim for free and with no obligation on your part. Again, we represent our clients on a contingent fee basis, meaning we only receive a fee if we win. We do not send any bills to clients for the time we spend on their case. And because our fee is a percentage of the recovery you receive, our financial interests are aligned with your financial interest; and
  • Chris Dolan, our founder and lead trial attorney, personally supervises all serious injury cases our firm prosecutes. Chris has been repeatedly selected by multiple publications as one of the top trial lawyers in California.

Contact Uber Accident Injury Attorneys At The Dolan Law Firm

We represent clients injured in Uber crashes in San Francisco, Oakland, San Jose, Los Angeles, San Diego, and across Northern, Central and Southern California. We will help you obtain the full compensation you are entitled to under the law. We charge no fee unless we first obtain you a recovery.

If you were injured in an Uber accident or Lyft crash, whether or not the rideshare driver was at fault, we can assist you. For a free case evaluation, please call us today at 415-636-8160 or complete our online contact form.