If an Uber or Lyft driver hits your car, you may be wondering what to do next. It can be challenging to figure out who is liable and how to go about filing a claim.
What to Do After an Accident With an Uber or Lyft Driver
The steps you should take after an Uber or Lyft hits your vehicle is similar to what you should do after any car accident:
- Stay at the scene and try to remain calm. Call 911 for emergency medical care if anyone involved is injured.
- If emergency medical care isn’t necessary, still notify the police. A police report is often crucial when you need to prove liability for your insurance claim.
- Take photos and videos of the scene, the vehicles, their damage, and your injuries for evidence.
- Exchange information with all drivers involved, ask which company they are driving for, and get contact information for any witnesses.
- Seek medical care, no matter how minor the injury may seem. Medical records from right after the accident are vital to recovering compensation for any injuries.
- Contact your auto insurer to report the accident.
Lastly, speak to a lawyer in San Diego as soon as possible. They will immediately begin investigating to help you determine fault and navigate the claims process.
Who Is Liable If an Uber or Lyft Driver Hits My Car?
Uber and Lyft require drivers to carry personal auto insurance in addition to the liability insurance the companies provide. This is because Uber and Lyft are only liable for an accident in certain scenarios. Here is how it works:
Period 0: The Uber/Lyft Driver Is Liable
If an Uber or Lyft driver crashes into your vehicle when their Uber or Lyft app is off, the driver is not considered working at the time. Therefore, their personal auto insurance company will be responsible for damages. However, if you have collision coverage, you can also file a claim under your auto insurance policy regardless of who was at fault. Your insurer will then pursue reimbursement from the at-fault driver’s insurer.
Period 1: The Rideshare Driver and/or Uber or Lyft Is Liable
When a driver hits you, that was available for rides and had their Uber or Lyft app on but had not accepted a ride yet, their personal insurance and Uber or Lyft’s “contingent” liability coverage will apply. Uber and Lyft contingent policies only kick in if their driver was at fault and their driver’s personal auto insurance doesn’t cover the collision. The contingent policy will cover up to $50,000 per person injured in an accident, $100,000 for total bodily injury per accident, and $25,000 for property damage.
Periods 2 and 3: Uber or Lyft Is Liable
When the Uber or Lyft application is on, and the rideshare driver has accepted a ride or has a customer in their vehicle, Uber or Lyft’s $1 million insurance policy will cover an accident up until the time the rider leaves the rideshare vehicle.
Uber and Lyft try to avoid responsibility for accidents by hiring independent contractors rather than employees. As a result, it can be challenging to sort out which insurance policy to file a claim under when an Uber or Lyft driver hits your car. Be sure to consult a San Diego rideshare accident attorney who can help you recover the compensation you are entitled to.
