Being in a car accident can leave you shaken and unsure about what to do next, especially when the accident involved an Uber or Lyft driver. Many people believe that rideshare accidents are handled differently from other crashes, but the basics are the same.
HHJ Trial Attorneys can help you claim compensation for your injuries and property damage. Our Carlsbad rideshare accident lawyers offer expert advice on filing a lawsuit against the driver or the rideshare company itself. We offer free consultations and charge no lawyers’ fees unless we win your case.
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After a Rideshare car accident in Carlsbad, victims need clear guidance about their rights and next steps. If you’ve experienced a rideshare car accident or you’ve lost a beloved family member due to the negligence of another person, our HHJ Attorneys team is here to advocate for you. We have secured over $30 million in compensatory damages for car accident victims, $4 million for motorcycle accidents, and $3.5 million for wrongful deaths. We are committed to compassionate, results-driven representation backed by Super Lawyers recognition and major media features.
Rideshare accidents are different from regular car accidents because they involve more parties. Where normal car crashes generally involve two motorists, rideshare accidents involve the driver, the rideshare company, and the passenger.
Another reason these accidents are different is the complexity of rideshare insurance policies. Under California Public Utilities Code § 5433, carriers like Uber and Lyft must have transportation network company insurance (TNC insurance). TNC is different from normal auto insurance because the coverage changes depending on whether the driver is transporting a passenger.
Lyft and Uber are classified as transportation network companies and must have TNC insurance. Here is an overview of how their coverage works according to the CA Public Utilities Code § 5433.
If the Uber or Lyft driver is not logged into the app, they are off duty and not covered by the rideshare company’s insurance. They’re using the vehicle for personal use. If you’re in an accident with an offline driver, only their personal auto insurance can cover the damages.
If the driver was logged into the app, but had not yet accepted a ride request, they are covered by the rideshare company’s TNC insurance to a limited degree. Rideshare companies must take out policies with the following coverage minimums:
Insurance coverage increases significantly once a driver has accepted a ride request through the rideshare app. As soon as this phase starts, the rideshare company must be insured for a total of $1 million. This insurance can be used to cover physical injuries, death, and property damage.
Rideshare insurance coverage remains at $1 million during the portion of the trip where the passenger is in the vehicle. This figure can be used to pay for injuries, death, property damage, and notably, to make up for losses caused by uninsured and underinsured motorists. This coverage extends until the driver completes the transaction in the app and the ride ends.
Both drivers and rideshare companies can be held liable for rideshare accidents in Carlsbad. To determine who is responsible for the payout, insurers examine whether the driver was offline, carrying a passenger, or awaiting a ride at the time of the crash.
who are logged off the app are treated as private motorists and are held personally liable for crashes they cause. The rideshare company’s insurance does not cover them, and damages must be paid through their personal auto insurance.
who are logged into the app and awaiting a ride request (no trip accepted yet) receive limited primary liability coverage from the rideshare company’s insurer.
who are carrying a passenger or en route to collect one are covered by $1 million primary liability coverage from the rideshare company’s insurer.
can be held directly liable if the crash happened due to corporate negligence on their part. For example, poor safety protocols or negligent hiring.
Uber and Lyft drivers operate as independent contractors. Rideshare companies are generally not vicariously liable for drivers’ actions on the road, meaning the drivers themselves will be named in court. However, victims can still recover damages through the rideshare company’s insurance policy.
Ridesharing is a popular form of transportation in the urban areas of California, including Carlsbad and the greater San Diego County. Despite the safety protocols the companies put in place, accidents do happen. See some of the most common causes of rideshare accidents below.
Rideshare accidents can cause mild to severe injuries, depending on the speed of the vehicle and the type of collision. Examples of injuries one may sustain include:
From the moment you contact us after an accident, our experienced Carlsbad rideshare car attorney manages the full legal process. We gather evidence, work with medical specialists, negotiate with insurers, and pursue the compensation you need so you can concentrate on your recovery.
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If you’ve been in a rideshare accident, your priority should be your health and safety. Once that’s been attended to, you can start taking the following steps towards building a personal injury case.
You are entitled to recover compensation for your medical costs and other damages under California law. The amount you can recover will depend on the severity of the accident. There are two main types of compensation available for rideshare accident victims in Carlsbad:
Economic damages have monetary value. They are financial losses you incur as a result of the accident. For example, medical bills, towing fees, auto repair, out-of-pocket prescription costs, physical therapy, and long-term treatment. If you have to take time off work to recover from the accident, any wages you lose out on also count towards the total economic damages. The same goes for the income you lose if the accident affects your ability to earn a living in the future.
Non-economic damages do not have quantitative value. Rather, they are the losses you experience alongside financial losses. For example, pain and suffering during recovery, psychological trauma, or a loss of enjoyment of life because of permanent injuries or disabilities sustained during the crash. There is no cap for non-economic damages claims for personal injury cases in California.
Yes, you can still recover compensation if you were partly to blame for a rideshare accident. California operates under the pure comparative fault system. Under this system, your compensation will simply be reduced by your percentage of the fault. For example, if you are found to be 20% to blame for the accident, compensation of $100,000 would be reduced by 20% to $80,000.
A personal injury attorney in Carlsbad can help calculate how much of the blame lies with you. Many insurers try to assign more of the blame to the victim to reduce the overall cost of the payout. Working with an attorney early in the process can help protect you from these tactics.
You have two years to file a rideshare accident claim in Carlsbad. This period is known as the statute of limitations, and the clock starts ticking from the date of the accident. This two-year deadline is mandated under California Code of Civil Procedure § 335.1. If the crash involved a government entity, such as a Carlsbad city vehicle or bus, you only have six months to file the initial claim.
HHJ Trial Attorneys is a team of compassionate and experienced rideshare accident lawyers based in Carlsbad, California. Our team can help you navigate filing a personal injury claim against the rideshare driver and/or the rideshare company. Below is a list of ways we can support you when you hire us as your legal representation.
Most rideshare accident lawyers work on a contingency fee basis, so it costs nothing to hire them. You only pay lawyer’s fees when they win your case.
If another driver hits your rideshare vehicle, the other driver’s personal auto insurance should cover the damages. If they are uninsured or underinsured, the rideshare company may step in to help.
No, not all rideshare accident cases go to trial. The vast majority are settled outside of court.
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From our offices across Southern California, HHJ Trial Attorneys represents clients throughout San Diego County and statewide in a wide range of personal injury cases. Whether you were injured in San Diego, Carlsbad, Escondido, Los Angeles, or Temecula, our award-winning trial lawyers provide clear communication, compassionate guidance, and results-driven representation from start to finish.
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