How to hire a rideshare accident lawyer, even if it’s your first time

What is a Rideshare Accident Lawyer?

If you’re injured in a crash involving Uber or Lyft, a rideshare accident lawyer provides crucial legal support. These accidents are more complicated than typical car crashes for several reasons:

• Unique Insurance Rules: Rideshare companies use multi-layered insurance policies that change based on the driver’s app status—whether they were waiting for a ride, en route to a passenger, or had a passenger in the car.
• Multiple Liable Parties: Fault can involve the rideshare driver, the company, and other drivers, making it hard to determine who is responsible.
• Complex Claims Process: Dealing with large corporations and their specific claim procedures requires specific legal knowledge.

While ridesharing offers great convenience, accidents are inevitable. The unique insurance rules and liability questions make it difficult for victims to steer the claims process alone. A lawyer who handles rideshare accident cases can guide you through these complexities to help you secure the compensation you deserve.

Understanding the Unique Complexities of a Rideshare Accident

When a rideshare vehicle is involved in a crash, the situation becomes incredibly complicated. You are often caught in a web of multiple parties and confusing legal rules. The primary source of confusion is the legal status of rideshare drivers as independent contractors, not employees. This creates a challenging insurance puzzle involving the driver’s personal insurance, the rideshare company’s commercial policy, and any other drivers’ insurance.

If you were a passenger, you might have to make claims against multiple policies to cover your injuries and other damages. It’s a lot to sort through, which is why these cases require a focused approach. To learn more about navigating claims as a passenger, take a look at our guide on How to Handle a Car Accident Claim as a Passenger.

Common Causes of Rideshare Accidents

Studies show that about one-third of rideshare drivers have been in an accident while working. Common causes include:

• Distracted Driving: Drivers are often focused on their app, navigation, or passengers instead of the road. This risk is highlighted by the rise in increased distracted driving deaths.
• Speeding and Aggressive Driving: The pressure to complete more fares quickly can lead to speeding and risky maneuvers.
• Driver Fatigue: Long hours behind the wheel can impair judgment and slow reaction times.
• Unfamiliarity with an Area: Navigating unknown streets can cause sudden turns or a driver’s attention to be fixed on GPS.
• General Negligence: This includes running red lights, failing to yield, or driving under the influence.

How Rideshare Accidents Differ from Regular Car Accidents

A crash involving an Uber or Lyft is legally distinct from other car accidents. The main differences come down to liability, insurance, and the powerful companies involved.

• Complex Liability: Instead of one at-fault driver, you may have to deal with the rideshare driver, the rideshare company, and other motorists, each with their own insurance and legal teams.
• Layered Insurance: Rideshare companies have specific commercial policies that only apply in certain situations, which can overlap or conflict with the driver’s personal insurance. Determining which policy is active is a major challenge.
• Corporate Opponents: You’re not just dealing with an individual’s insurer but with large corporations like Uber and Lyft, who have legal teams dedicated to minimizing payouts.
• Digital Evidence: App data, including trip history and driver status, is critical evidence that can be difficult to obtain and interpret without legal assistance.

These differences highlight why a rideshare accident lawyer is so important. For more insights, check out our page on Vehicle Accident Lawyers: Rideshare Accidents.

Navigating Uber & Lyft’s Insurance Maze

Understanding the insurance coverage after a rideshare accident is one of the biggest challenges. Uber and Lyft use a specific, multi-layered insurance system that depends entirely on the driver’s status in the app at the time of the crash. The available coverage can range from $50,000 per person to $1,000,000 per accident. Knowing these different “phases” is critical for determining who pays for your damages. A rideshare accident lawyer can help steer this system.

When a driver is off-duty, their personal car insurance applies. Once they log into the app, a complicated dance begins between their personal policy and the rideshare company’s commercial policy, creating potential coverage gaps. It’s also important to understand how no-fault insurance might play a role, which you can learn more about here.

Phase 1: Driver is Logged In, Awaiting a Ride Request

In this ‘waiting’ phase (Period 1), the driver is logged in but has not accepted a ride. The rideshare company typically provides ‘contingent liability coverage’ with lower limits:

• Up to $50,000 for bodily injury per person.
• Up to $100,000 total for bodily injury per accident.
• Up to $25,000 for property damage liability.

This coverage acts as a backup if the driver’s personal insurance denies the claim, but these amounts can be exhausted quickly in a serious accident.

Phase 2 & 3: Driver is En Route to Pick Up or Transporting a Passenger

Once a driver accepts a ride request (Period 2) or has a passenger in the car (Period 3), the insurance coverage increases significantly. Both Uber and Lyft’s main commercial policy kicks in, providing a $1,000,000 third-party liability coverage per accident. This policy covers injuries and property damage to others involved in the crash.

This coverage also typically includes uninsured/underinsured motorist (UM/UIM) coverage, which is vital if the at-fault driver has little or no insurance. Some policies may offer additional coverage for the rideshare vehicle itself, as noted on Uber’s insurance page.

Even with this $1,000,000 policy, insurance companies will still try to pay as little as possible, making legal guidance essential, especially in complex cases like a Lyft Hit and Run.

Why You Need a Rideshare Accident Lawyer

Navigating the aftermath of a rideshare accident is a daunting task due to the complexities of insurance, liability, and corporate legal teams. This is why having a rideshare accident lawyer is often essential.

Victims without legal representation often settle for far less than their case is worth because insurance companies are focused on protecting their profits, not your well-being. They use tactics to deny, delay, and devalue claims. A rideshare accident lawyer levels the playing field by investigating the crash, gathering crucial evidence, and building a strong case to maximize your settlement. Studies show that personal injury victims with attorneys receive significantly more compensation on average, even after legal fees. For more on why representation matters, read our insights on Why Have a Car Crash Attorney for Your Case.

Maximizing Your Compensation for All Damages

Our role is to ensure you recover compensation for all your losses, which fall into two categories.

Economic Damages are your financial losses:

• Medical expenses (current and future)
• Lost wages and diminished future earning capacity
• Property damage
• Other out-of-pocket costs related to the accident

Non-Economic Damages compensate for intangible impacts:

• Pain and suffering
• Emotional distress (anxiety, PTSD)
• Loss of enjoyment of life
• Loss of companionship

We work to document all your losses and fight for a settlement that reflects the full extent of your damages. To learn more, see our guide on How to Maximize Your Settlement Offer.

Overcoming Common Challenges in Your Claim

We are prepared to handle common challenges on your behalf:

• Insurance Company Tactics: Insurers often deny, delay, or offer lowball settlements to protect their profits. We counter these tactics.
• Determining Liability: With multiple parties involved, we conduct a thorough investigation to establish fault.
• Independent Contractor Status: Rideshare companies use this defense to avoid liability. We know how to challenge this and establish the company’s responsibility.
• Proving Damages: We gather the necessary evidence, including medical records and testimony from professionals, to prove the full extent of your losses.
• Contributory Negligence: If the other party tries to blame you, we work to present evidence showing you were not at fault or your fault was minimal.

These challenges highlight why having a rideshare accident lawyer is invaluable. If your claim is denied, we know what to do.

Your Step-by-Step Guide After a Rideshare Crash

Knowing what to do after a rideshare crash can protect your health and your legal claim. Here is a guide to the first crucial moments and the legal process that follows.

1. Prioritize Safety and Call 911: Move to a safe location if possible and call for police and paramedics. An official report is crucial.
2. Document the Scene: Take photos and videos of vehicle damage, the scene, road conditions, and injuries. Get screenshots of the rideshare app showing trip details.
3. Gather Information: Exchange contact and insurance details with all drivers. Get names and numbers of any witnesses.
4. Seek Medical Attention: See a doctor immediately, even if you feel fine. Some injuries have delayed symptoms. This creates a medical record linking your injuries to the crash.
5. Report the Accident: Notify Uber or Lyft through their app to activate their insurance process.
6. Avoid Recorded Statements: Do not give a recorded statement to any insurance company (other than your own) without legal counsel.
7. Contact a Lawyer: A rideshare accident lawyer can protect your rights and manage the claims process. Learn more about what a Miami Auto Accident Attorney does.

The Legal Process for a Rideshare Accident Claim

With a lawyer by your side, the legal journey is manageable. It generally involves:

• Initial Consultation: We discuss your accident and outline a path forward.
• Investigation: We gather all evidence, including police reports, medical records, witness statements, and app data. We may work with accident reconstruction professionals if needed.
• Filing the Claim: We formally submit your claim to all appropriate insurance companies.
• Negotiation: We handle all communications with insurers, fighting for fair compensation and countering lowball offers.
• Filing a Lawsuit: If a fair settlement cannot be reached, we proceed with a lawsuit.
• Findy: Both sides formally exchange information and evidence through depositions and document requests.
• Settlement or Trial: Most cases settle before trial. However, we are prepared to go to court if necessary to secure a just outcome. For more details, visit our page on Accident Injury Lawyers: Settlement & Trial.

Understanding Critical Deadlines for Your Case

It is vital to be aware of the “statute of limitations,” a strict legal deadline for filing a lawsuit. If you miss it, you lose your right to seek compensation.

In Florida, you generally have two years from the date of the accident to file a personal injury lawsuit. This may seem like a long time, but it passes quickly.

Acting fast is important to preserve evidence like security footage and to ensure witness memories are fresh. A delay can also give insurance companies a reason to devalue your claim. Contacting a rideshare accident lawyer as soon as possible is a critical step to protect your rights and ensure all deadlines are met.

Frequently Asked Questions about Rideshare Accidents

It’s normal to have questions after a stressful event like a rideshare accident. Here are answers to some common concerns.

What should I do immediately after an Uber or Lyft accident?

Your immediate safety is the priority. Here are the key steps:

• Call 911 to get police and medical help on the scene.
• Document everything with photos, videos, and screenshots of the app.
• Exchange information with all drivers and any witnesses.
• Seek immediate medical attention, as some injuries are not immediately apparent. In Florida, seeing a doctor within 14 days is important for your Personal Injury Protection (PIP) benefits.
• Report the crash to Uber or Lyft via their app.
• Speak to a rideshare accident lawyer before giving any recorded statements to an insurer.

For more details, see our page on what a Miami Auto Accident Attorney can do.

How much does a rideshare accident lawyer cost?

We understand that you are already facing medical bills and other financial pressures. That’s why The Barzakay Law Firm works on a contingency fee basis. This means you pay no upfront costs for our legal services. Our fee is a percentage of the compensation we successfully recover for you. If we don’t win your case, you owe us nothing for our time and effort. This “no win, no fee” model, recognized by groups like the American Bar Association, ensures everyone can access legal help.

Can I sue the rideshare company directly?

This is complex. Uber and Lyft classify their drivers as independent contractors, not employees, to shield themselves from direct lawsuits over a driver’s negligence. While suing the company directly for the driver’s actions is difficult, you can file a claim against their substantial insurance policy. Both companies typically carry a $1,000,000 liability policy that applies when a driver is en route to a passenger or has a passenger in the car.

In rare cases, a direct lawsuit may be possible if the company’s own negligence contributed to the crash (e.g., negligent hiring). A rideshare accident lawyer can determine the appropriate strategy for your case. For more information, you can visit our Miami Rideshare Accident Lawyer page.

Conclusion

Rideshare accident claims are complex, involving intricate insurance policies and large corporate legal teams. Navigating this process alone can lead to settling for far less than you deserve. At The Barzakay Law Firm, we provide dedicated legal representation to those injured in rideshare accidents, fighting to secure fair compensation for your losses.

You shouldn’t have to bear the financial burden of an accident caused by someone else. We work on a contingency fee basis, which means you pay no upfront costs. We only get paid if we win your case. It’s our “no win, no fee” promise to you.

If you’ve been in a rideshare accident in Hollywood, Miami, Boca Raton, Sunrise, Orlando, or Fort Lauderdale, contact us for a free, no-obligation consultation. Let us guide you through the legal process.

To learn more about how we can assist you, visit our Practice Area: Rideshare Accidents in Hollywood page. We’re here to help you get back on your feet.