In large urban areas like Phoenix and all over the country, rideshare changed the transportation industry by enabling travelers to hail cost-effective rides on demand. Many people view rideshare services as a safe alternative to driving, especially if someone has been drinking. Yet rideshare drivers make all the same mistakes as other drivers, including speeding, drowsy driving, and drunk driving.
If you suffered injuries in a Phoenix Uber accident or Phoenix Lyft crash, Gallagher & Kennedy may be able to help you obtain maximum compensation for your damages. We help Phoenix car crash victims by providing effective counsel against corporations. Our Phoenix Uber accident lawyers have the experience and resources to build a strong case on your behalf.
Call us or complete our online contact form to request a free consultation today about your case.
Why Choose Our Phoenix Rideshare Attorneys?
Gallagher & Kennedy has provided effective representation to injured people throughout Phoenix and Arizona for more than 45 years, and we have obtained hundreds of millions of dollars in total compensation for our clients. Some aspects about our firm to consider as you seek legal representation for your rideshare accident claim:
- We have a deep understanding of the rideshare industry, including knowing when Lyft or Uber could be legally responsible for accidents involving their drivers.
- We have trial experience and are not afraid to take your case to court if necessary to achieve the best possible results.
- We have dedicated more than 40 years to the Plaintiffs’ Personal Injury and Wrongful Death practice in Phoenix and across the state of Arizona.
- We operate using a contingency fee setup, meaning our Uber accident lawyers accept cases on a contingent or hybrid basis. We won’t get a fee unless we recover compensation for you.
Contact Gallagher & Kennedy to have an experienced Phoenix rideshare accident attorney review your claim and advise you of your options at no cost.
When To Hire a Phoenix Uber Accident Attorney
If you get into an accident with a Rideshare driver or if you suffer an injury as a passenger, you should contact an experienced Phoenix Uber accident attorney immediately. Not having an experienced law firm on your side while you fight Uber could put you at a major disadvantage.
Insurance often takes advantage of non-represented clients, using delay-and-deny tactics to get out of offering fair settlements. Winning a rideshare case can be especially difficult, as these companies have a reputation for avoiding liability for collisions.
What Is the Difference Between a Rideshare and a Taxi Company?
Ridesharing disrupted the taxi industry. They are entirely separate, each with different rules and regulations. A rideshare is a Transportation Network Company (TNC). Taxi companies are not TNCs. TNCs have to meet regulations on a state (and sometimes city) level. In Arizona, for example, TNCs have special licensing, insurance, permit, and compliance requirements.
Different rules apply to the taxi industry. In general, the taxi industry is more heavily regulated than the rideshare industry.
Vehicles Considered Rideshare
A rideshare vehicle is one that a rider can hail through an app. These vehicles charge customers per trip rather than based on time spent in transit. Rideshare pricing is prone to price surges, however. A person can hail a rideshare on-demand to his or her location in a matter of minutes. It typically takes longer for a taxi to arrive, depending on location.
Vehicles Considered Taxis
Taxi companies have a more comprehensive hiring process that includes fingerprint checks and in-person interviews. They investigate their drivers’ complete criminal and driving backgrounds. By contrast, Lyft and Uber do not meet their drivers or run fingerprints before allowing them to pick up passengers.
Taxi companies also play a role in driver training and vehicle maintenance. Rideshare apps leave driving capabilities and vehicle maintenance in the control of drivers. Rideshare companies do not reimburse drivers for vehicle maintenance or repair costs. This can negatively impact the willingness of drivers to properly maintain their vehicles.
Who Is Liable for a Rideshare Accident in Phoenix, AZ?
In Phoenix and throughout the state, Lyft and Uber classify their drivers as independent contractors. If an Uber driver causes a car accident, the company will not be vicariously liable for the actions of the driver since the driver is not technically an employee of the company. This does not, however, entirely protect rideshare apps from liability. Both companies have $1 million insurance policies in place to cover rider injuries if a ride was underway at the time of the collision.
If an off-duty driver caused your collision, the driver will most likely be individually liable for your damages. You will file your claim with the driver’s personal insurance. If the driver was working at the time of the crash, however, the rideshare company’s commercial insurance provider may cover your damages. Rideshare accident claims often involve multiple insurance policies and overlapping rules, making it crucial to identify the correct policy that applies to the case.
A Phoenix accident lawyer from Gallagher & Kennedy can help you determine liability and file a claim against the correct party.
Whose Insurance Covers a Lyft or Uber Accident?
Insurance coverage is a complex subject after a rideshare accident. Multiple insurance companies may play a part in crash recovery: the rideshare company’s, driver’s, passenger’s, or a third party’s insurer. Determining which companies will absorb primary and secondary liability for your injuries may take help from a Phoenix rideshare accident lawyer.
- The at-fault driver: If a driver outside of the rideshare vehicle caused the collision, his or her auto insurance will cover the victims’ damages. Other at-fault parties may also be liable for damages, including the City of Phoenix for an unsafe roadway or a vehicle manufacturer for a car defect. These parties will pay for damages through their insurance plans if found liable.
- The rideshare driver: All drivers must carry private insurance plans. Arizona’s minimum required insurance amounts are $25,000 per person for bodily injury coverage, $50,000 per accident, and $15,000 in property damage liability. If the driver causes the crash, his or her insurance will be the primary source of recovery for injured victims and passengers.
- The rideshare companies: Lyft and Uber carry insurance policies with $1 million maximums. This will provide coverage when the driver logs into the app and becomes available for ride requests. Different coverage maximums will apply depending on the phase of the ride: 50/100/25 insurance when drivers have logged on but have not yet accepted a ride, and $1 million when the driver is carrying a passenger.
To determine whose insurance will be liable for your injuries and damages after a Phoenix rideshare accident, you or your personal injury lawyer will need to identify the at-fault party. You will also need to determine which phase of the ride you were in when the accident happened.
One or multiple parties may owe you compensation. Filing with the correct company is important for maximum financial recovery. Discuss your recent rideshare accident with Gallagher & Kennedy today for more information about insurance coverage.
What Happens If You Are Injured in an Auto Accident While Working for Uber, Lyft or Another Rideshare Company?
Working for a rideshare app has many advantages. Uber and Lyft drivers can make their own schedules, work without a boss’s close supervision, and make as much or as little as they want. The screening and hiring processes are also easy, with lax regulations as to who they hire as drivers. As of 2022, Uber had almost 4 million drivers and Lyft had over 2 million.
Clocking long hours on the road transporting passengers can mean an increased risk of getting into a traffic accident. In most cases, you will not receive insurance coverage from the rideshare company after a crash. If someone else caused your accident, that person’s insurance will cover your damages. Uber or Lyft’s $1 million insurance policy generally will not kick in unless the at-fault driver does not have enough insurance. In this case, Uber or Lyft might help you cover your costs if you were logged into the app at the time of the collision.
If you caused the accident, the rideshares will not pay for your damages. You will have to seek coverage from your own insurer or pay out of pocket for your expenses. Uber/Lyft will not pay to repair your vehicle or cover your medical costs if you were at fault. If you were transporting passengers and they have injuries, your insurance policy will be the first in line to cover their medical bills and property damages. Uber and Lyft’s insurance policies will then cover remaining passenger damages.
How Does Uber/Lyft Insurance Work?
Uber and Lyft provide supplemental insurance to their drivers, but this insurance applies only when the driver has their app turned on. If the driver does not have the app engaged, their own insurance will cover them in an accident.
If the driver has the app on and is waiting to accept a ride, and they get into a car accident, the company’s insurance will cover them only if their own insurance does not.
When an Uber or Lyft driver accepts a ride request and picks up a passenger, Uber or Lyft’s insurance will provide full coverage until the driver safely transports the passenger to their destination and the passenger exits the vehicle.
Uber and Lyft both provide liability insurance coverage that offers:
- $1 million third-party liability coverage
- Uninsured or underinsured bodily injury coverage, when the Uber driver is not at fault
- Contingent comprehensive and collision insurance that covers the “actual cash value” of your car with a $2,500 deductible (although some deductibles are only $1,000).
Comprehensive and collision coverage may only apply if you have personal injury auto insurance with comprehensive and collision for the vehicle you use as a driver, and you are not using the app when you get into an accident.
Also, if you have a commercial driver’s license and insurance and you drive for Uber or Lyft, you should contact your commercial insurance to find out your options for recovering damages and filing a claim.
What Should You Do After an Uber, Lyft, or Ridesharing Accident?
After an accident involving an Uber or Lyft vehicle, you want to make sure everyone is all right and document as much as you can to file a successful claim. It is also in your best interest to contact a car accident attorney immediately following the crash, before you speak with any other drivers or the police, or report the accident to Uber or Lyft. This is true whether you are the rideshare driver, a passenger in their car, or a third party involved in the crash.
If you can, you should move all wrecked vehicles to the shoulder or median to prevent secondary collisions. If you can’t move the vehicles, you should engage their hazard lights, if possible, or place flares or other warnings around the vehicles to warn other motorists of the accident. Other important actions include:
Get medical attention
If you suffer injuries in an Uber accident, you should get a prompt medical evaluation as soon as possible. Call 911 and report an accident with injuries. If you require emergency medical help after a rideshare accident, call an ambulance or have someone else call for you.
Paramedics will likely respond and provide triage until they can transport you to a hospital. You should always go to the emergency room or urgent care, regardless of how serious you think your injuries are, and have a licensed physician evaluate you. A medical professional should examine you and document your injuries so you have a record of receiving medical care.
Call the police
Arizona law requires drivers to report an accident that results in injury or death or causes more than $2,000 in property damage. A police officer will interview witnesses and parties involved in the crash and will submit the official police report within 24 hours of the accident. To pursue compensation, you will need a copy of the police report or accident report to file as part of your injury claim.
Document the accident scene
If you are able, you should document as much evidence of the accident scene as possible. You should photograph or take videos of the wreckage and any skid marks the vehicles made prior to the collision. You should also take pictures of your injuries and any injuries your loved ones sustained. Also, you should jot down all details you remember from the crash while they are fresh in your mind.
Report the accident to Uber or Lyft
Uber and Lyft both provide ways for drivers, passengers, and third parties to report an accident. Report the accident to Uber or Lyft through their rideshare app or website after ensuring you have consulted with a Lyft accident attorney.
Get an attorney
Recovering damages following an Uber accident can be complex and involve complicated laws. Whether you are a rideshare driver, a passenger, or a third party involved in an accident with an Uber or Lyft vehicle, an attorney can advise you of your options and help you determine what to say and how best to handle the situation.
What Should Uber and Lyft Drivers Do Following an Accident?
If you are driving for Uber or Lyft and you get into an accident and you did not suffer injuries yourself, your top priority is to ensure your passengers are safe and uninjured. You should also call 911 and report the accident, and contact your company and report it to them as well. Whether you were actively driving for Uber or Lyft or not, you should also report the accident to your own insurance.
Be very careful about what you say to your rideshare company or your insurance, so as not to inadvertently say anything that places blame on you for causing the accident, especially if you were not at fault.
You also need to get the insurance information from any other drivers involved, along with the contact details of your passengers, if applicable.
What Should Uber or Lyft Passengers Do After an Accident?
Provided you did not suffer injuries, you should gather the following information:
- The contact information of any other drivers
- The Uber or Lyft driver’s rideshare insurance information
- The rideshare driver’s personal auto insurance information
What Types of Injuries Can You Suffer in a Rideshare Accident?
The aftermath of a rideshare accident can be devastating. People in the accident can suffer life-changing and catastrophic injuries, including:
- Broken bones
- Soft Tissue Injuries
- Head and traumatic brain injuries (TBI)
- Back and spine injuries
- Neck injuries and whiplash
- Muscle tears
- Lacerations
- Burns
- Internal injuries
Traumatic accidents and injuries can also have emotional ramifications, such as significant distress, anguish, grief, and loss of quality of life.
What Types of Damages Can You Recover in a Rideshare Accident?
A rideshare accident insurance claim or personal injury lawsuit could reimburse you for not only your financial costs and losses but also other areas of your life impacted by the tragedy. You may receive both economic and non-economic damages to cover things like:
- Medical expenses. Most successful rideshare accident claims end in fair compensation for injury victims’ past and future medical bills and costs. This can include ambulance fees, hospital stays, surgeries, medications, medical devices, live-in care, ongoing therapy, rehabilitation, and other healthcare costs connected to the Uber or Lyft accident. Keep a record of which medical providers you visited, the diagnoses and treatment you received, and the cost of the visits and treatment.
- Property damage. If your vehicle sustained property damage in the accident, you may recover the costs of car repairs or the replacement of a totaled vehicle. The at-fault party’s insurance may also cover the costs of a rental vehicle while you wait for a mechanic to repair your car.
- Lost income. Serious personal injuries could take you out of work for days, months, or life. You may be eligible to recover the past and future financial losses you have incurred due to a temporary or permanent crash-related disability. A Lyft accident lawyer can help you calculate your future lost earning capacity based on your previous income level.
Discuss Your Phoenix Uber/Lyft Accident and Injuries for Free Today
Our Phoenix Uber accident injury lawyers can secure positive case results on behalf of victims with serious and catastrophic injuries in Phoenix. We have represented many Uber and Lyft accident claimants and may be able to help you pursue financial compensation for serious injuries as well. Call or complete our online contact form to request your free consultation for your personal injury claim today.