What to Know After an Uber Accident in California
Choosing to be an Uber customer requires a lot of trust on your end. If you’ve been in an Uber accident, you may have questions about how a rideshare accident differs from a regular car accident, what you should do next, and whether you should consider hiring a personal injury lawyer. We’re here to break down all of the information you need to know if you’ve been in an Uber accident, as well as share the next steps you may want to take.
What Are the Differences Between an Uber and a Car Accident?
One of the most significant differences between Uber accidents and car accidents is the liability of the rideshare company. Uber treats its drivers as independent contractors instead of regular employees. Depending on whether or not the Uber application was activated, as well as other factors, Uber may try to argue its liability in your case. Additionally, if Uber cannot escape responsibility for your accident, you and your legal team may need to deal with more insurance companies than is typical for a regular car accident. A 2023 study from the University of California, Berkeley examined how rideshare activity affects roadway safety patterns nationwide, underscoring how closely these accidents are tied to broader questions of liability and insurance coverage.
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California Is a Pure Comparative Negligence State
California varies from other states because it is a pure comparative negligence state. Because this is the case, even if you are found partially at fault in an accident, you may be able to receive compensation for the damages you face. Each party’s negligence will have an assigned percentage of fault. Regardless of the percentage of responsibility each party receives, each may be able to receive compensation for their personal damages.
When Is Uber Responsible for Damages?
Whether or not Uber is liable for any of the damages depends on the period an Uber driver is in at the time of the incident:
- No period: If the Uber driver does not have their Uber app turned on, this is treated like a typical car accident and the driver will be required to use their personal insurance.
- Period one: If the app is turned on and an Uber driver is waiting for an assignment, Uber may have limited liability — up to $50,000 in damages per person, $100,000 per accident, and $25,000 in property damage.
- Period two and period three: When the Uber driver is en route to pick up a rider or is actively transporting a passenger, Uber will offer up to $1 million in liability.
Why You May Need a California Uber Accident Lawyer
By hiring a lawyer who is able to deeply understand your particular circumstances, in addition to the law, you may be putting yourself in the best position to maximize your potential compensation. Your lawyer may be able to deemphasize your level of fault during negotiations with insurance companies, correlating to a potential increase in the percentage of damages you might get to collect. An experienced attorney may also offer you individualized advice based on the specifics of your case, including finding evidence, collecting statements, and other important steps.
Get the Help You Deserve From a Setareh Law California Uber Lawyer
If you’ve been in an accident involving a rideshare company, we may be able to offer our knowledge and compassion to your case. You can schedule a free consultation with us by filling out our contact form or calling us at (310) 659-1826. We also speak Spanish.
