Were you or a loved one in a car accident with an Uber or Lyft vehicle? Whether you or they were in the Uber/Lyft or in the other automobile, it’s vital to understand California law as it pertains to a rideshare. Also, don’t sign anything from Uber or Lyft until you’ve spoken to an experienced car accident attorney.
What is the Average Car Accident Settlement in California?
There are many factors that will come into consideration before you reach a settlement amount, including your injuries, along with any property damage. Plus, Uber keeps the majority of their settlements confidential.
Each of the following points will be weighed:
- Severity of injuries
- Current and future medical needs
- Length of expected medical care
- Non-economic damages
- Comparative negligence
- Effect on daily activities
- Was the Uber/Lyft driver at fault?
The typical car accident settlement in California is around $30,000, although your settlement could be much higher or lower.
Pattern of Liability
Another factor that will impact your settlement is the pattern of liability. Essentially, the judge will take a look at the accident report to determine how clear the driver’s negligence or liability was. The more liable they’re held, the higher your settlement offer will be.
Should I File a Lawsuit?
Obtain expert legal advice before you make a decision. If, for instance, a rideshare lawyer suggests accepting Uber’s or Lyft’s settlement offer, it’s most likely the best you’re expected to get. On the other hand, if they recommend taking Uber or Lyft to court, then they believe you’ve got a strong case and are likely to win.
You do have to meet two criteria for filing a lawsuit:
- Injuries: Have you suffered from any physical or psychological harm due to a Lyft or Uber rideshare?
- Statute of Limitations: Was the automobile accident within the last two years?
As long as you can say to both of these questions, you’ll be well within your rights to seek compensation for the accident.
How Much is Uber Insured For?
Uber takes the idea of accidents quite seriously, and they’ve obtained enough insurance to match this.
- Uninsured/Underinsured Motorist Bodily Injury Coverage: If the driver doesn’t have sufficient insurance, Uber covers up to $1 million for passenger injuries.
- Third-Party Liability Coverage: If the Uber driver was at fault, Uber has a $1 million policy to cover any injuries or property damage.
How Much is Lyft Insured For?
Lyft’s insurance is meant to protect the company. There are several different things that can affect your total settlement, including what stage the Lyft driver is in when the accident occurs.
- App is Off: Average settlement is between $25,000 and $75,000.
- App is On/Waiting for a Ride Request: Average settlement falls between $50,000 and $175,000.
- In Route or Passengers in Vehicle: Average settlement is between $200,000 and $1 million.
Lyft provides uninsured/underinsured motorist bodily injury coverage of up to $1 million. Furthermore, passengers who opted for additional injury protection may be eligible to receive up to $500 a week in disability payments.
Challenges That Could Occur
Even with proper evidence, there are still several challenges that can be thrown in your path. Your rideshare lawyer’s job is to work through these challenges with you to make sure you get a fair settlement.
Liability
Determining liability is one of the top challenges you could face. Unless your case is cut and dried, the other side’s insurance company will try to prove that their driver was not at fault. Fortunately, your attorney will take the opposite viewpoint, and they’ll also seek out evidence to prove their point.
Low Settlement Offer
Another issue is that you’ll most likely be offered a low settlement. The insurance company is hoping you’ll accept it, even though it’s not a fair amount for your injuries. Instead, let us negotiate with them until we reach a fair settlement. It will take longer, but you stand to make a lot more money.
Non-Economic Damages
Proving you’ve suffered and dealt with emotional distress can also be tricky. Fortunately, we’ll gather the necessary evidence to help you prove your claim, including statements from your doctor and therapist.
Statute of Limitations
California law states that you only have two years to file a lawsuit. Insurance companies are aware of this, and they’ll try to delay your case until after this two-year period has passed. Instead, we’ll ensure your case is filed within two years. This is the only way to safeguard your right to sue.
Confidential Settlement
Finally, dealing with a confidential settlement offer requires you to have a full understanding of any confidentiality clauses. We will examine the offer to ensure you understand the implications of discussing the case with someone not involved in your lawsuit.
What is the Legal Process for Suing Uber or Lyft?
Receiving a fair settlement requires you and an attorney to work together. There are several steps you must take, but they’ll be worth it once your case is over.
Initial Attorney Consultation
Schedule your initial consultation with Pacific Attorney Group. We will review your potential case to determine how much you might be eligible for. We’ll also determine any potential issues that might be brought up in court.
Collect Evidence
If you’ve followed basic evidence collection guidelines, you should already have photographs of the scene, along with the date and time of the accident written down. Regardless, though, we’ll help make your case stronger by ensuring you’ve got the accident report, witness statement, medical records, etc.
Submit a Demand Letter
Before a lawsuit is filed, your attorney will send Uber or Lyft a letter of demand. It will detail your injuries and losses. Additionally, it will include a requested compensation amount that you believe is fair.
Insurance Negotiation
In most cases, Uber’s or Lyft’s insurance company will offer a lower settlement. At this point, we’ll begin negotiations to secure a higher amount.
File a Lawsuit
Assuming that we aren’t able to reach an agreement with the insurance company, we’ll file a lawsuit on your behalf. As soon as it’s filed, the legal process will officially begin.
Discovery Phase
This is when both sides will exchange their evidence such as accident details and medical records. Once we’ve had a chance to review the insurance company’s evidence, we can ask them to settle again. Depending on how strong they believe their case to be, they’ll either settle or push the legal process forward.
Mediation or Settlement Conference
It’s possible you’ll have a mediation or settlement conference. The point of this meeting is to allow a neutral, third-party mediator to try to reach a consensus on the settlement amount. Both sides will once again be given the opportunity to reach an out-of-court settlement.
Trial
If you still can’t reach an agreement, your case will go to trial. Both sides will have the opportunity to present their evidence, along with arguments. If you’re successful, the judge or jury will then award damages.
Getting Your Compensation
The final step is to collect your compensation. Your attorney will typically take any legal fees out of your compensation amount before turning the rest of it over to you.
