Rideshare companies such as Uber and Lyft have changed the way people get to where they want to go in cities across California and the U.S. Both visitors and residents alike hail rides from their smartphones with Uber in Los Angeles. Studies have shown that Uber and Lyft have helped to decrease the rates of drunk driving. For example, one study found that alcohol-related accident trauma decreased by 23.8% following the introduction of Uber in Houston, Texas.
While the rise of rideshare apps has led to numerous benefits, passengers also face accident risks while riding in Uber or Lyft vehicles. Just like any other drivers, rideshare drivers are sometimes involved in collisions, and in some cases, they are at fault. This has led to confusion among rideshare passengers who are injured in accidents caused by Uber drivers about whether they have the right to pursue compensation. If you were injured in a collision while riding in an Uber, here’s what you should know about the liability of your Uber driver and your right to recover compensation for your losses.
What Happens When an Uber Driver Causes an Injury Accident?
When an Uber driver causes an accident in California, anyone who is injured has a right to pursue compensation for their injuries. This includes passengers in the Uber driver’s vehicle and the occupants of the other vehicle the Uber driver hit, injured pedestrians, or injured cyclists. However, while the Uber driver might be the at-fault party, Uber’s insurance policy will likely provide coverage to those who are injured.
A recent case demonstrates the rights of rideshare passengers to pursue compensation when their drivers are at fault and cause accidents in which they are injured. While the case involved a Lyft driver, the same principles apply to Uber drivers.
In 2021, a Los Angeles woman hailed a ride from Lyft on her smartphone to get from Santa Monica to Rodeo Drive in LA. The driver, Christian Cooper, told the woman that he needed to stop by a 7-11 to pick up some supplies shortly after he picked her up. He told her his wife had cancer. She agreed to the stop and waited in his vehicle for 15 to 20 minutes while he was inside the store. Once he returned and began driving, the woman claimed his behavior was erratic. He didn’t begin driving until she prompted him to do so, and then he kept swerving over the pavement and suddenly braking. The woman claimed another driver shouted at Cooper because of his unsafe driving.
The woman asked Cooper to stop the car, but he was unresponsive. She noticed his eyes were closed, but his foot remained on the gas pedal. She attempted to open the door to get out, but it was locked. The woman then rolled down her window and jumped out of the moving vehicle just before Cooper crashed into a parked car. The woman was injured and filed a lawsuit against Lyft, alleging the company negligently hired, retained, and supervised Cooper as a Lyft driver and failed to meet its obligation to protect public safety by failing to monitor Cooper’s health.
While this case remains pending, it illustrates that the rideshare company might be liable when one of its drivers causes an accident because of negligent driving behavior.
Liability Issues in Uber Accidents When the Driver Is at Fault
When an Uber driver causes an accident in which a passenger, another vehicle’s occupant, a pedestrian, or a cyclist is seriously injured, the victim has the right to pursue compensation by filing a legal claim against the driver. Claims against Uber drivers fall under California’s negligence law, which is found at Cal. Civ. Code 1714. This law states that every person is responsible for paying for injuries caused to others resulting from their negligent conduct. This means California’s laws recognize the legal right of people who are injured in accidents, including those caused by Uber drivers, to recover compensation for their economic and non-economic losses caused by the collisions.
What if the Other Driver Shared Fault?
California’s negligence law accounts for situations in which multiple parties contributed to the cause of an accident. In Li v. Yellow Cab Co., 532 P.2d 1226 (1975), the California Supreme Court found that the state adopted pure comparative negligence. Under this principle, each party is responsible for their percentage of negligence, which might include the Uber driver, the other involved driver, and anyone else who shared fault. Even if the passenger was partially at fault, they can still recover compensation. However, their award will be reduced by the percentage of fault attributed to them.
An Uber passenger will rarely share fault in an accident. However, if they are partially at fault, they can still pursue compensation for their injuries.
Uber’s Insurance
Uber provides insurance coverage for accidents involving their drivers. The available coverage depends on the phase in which the driver was operating at the time of the crash as follows:
- Phase 0 – Driver has the app off
- Phase 1 – Driver has the app on and is waiting to be hailed
- Phase 2 – Driver has been hailed and is en route to pick up a passenger
- Phase 3 – Driver is actively transporting a passenger
If the Uber driver is in phase 0 and doesn’t have the app turned on and causes a crash, they are not considered to be driving for Uber at the time. In that case, the Uber driver’s personal automobile insurance policy will be responsible for paying compensation for an accident. A rideshare passenger will not be in the vehicle during phase 0. However, victims injured in other vehicles could pursue compensation from the Uber driver’s personal auto policy if they caused an accident while not having the app turned on.
In phase one when the Uber driver has the app turned on but has not been hailed for a ride, Uber provides $50,000 in bodily injury per person, $100,000 in bodily injury per accident, and $25,000 property damage coverage. This means that if someone is injured in another vehicle or outside of the Uber car by a driver while they are waiting for a ride, they can pursue compensation from Uber in those amounts.
In phase two when a driver is en route to pick up a passenger, Uber provides $1 million in bodily injury protection. Finally, in phase three when the Uber driver has a passenger in their vehicle, Uber provides up to $1 million in bodily injury coverage plus uninsured/underinsured motorists (UM/UIM) coverage. This means that an injured passenger should be able to recover compensation from Uber if their driver causes an accident. If the other driver was at fault, Uber’s UM/UIM coverage will kick in and pay for the passenger’s injuries if the other motorist is uninsured or underinsured.
Being Safe While Riding in an Uber
Whenever you ride in an Uber, it’s important to take steps to protect yourself. Before you take a ride, let your friend or family member know the time you should arrive at your destination and the route you will be traveling. Check the driver and vehicle against the app before you get into the vehicle to make sure it’s the right person and car.
Always sit in the back seat, and wear your seatbelt. Don’t provide personal information to the Uber driver. If your driver is driving in an unsafe manner or appears impaired. ask to be dropped off earlier than your destination. Be polite and remain calm. If you feel unsafe, ask to be let out in a safe area such as a well-lit store.
If your Uber driver is involved in an accident, call 911 and check yourself and others for injuries. Ask for the Uber driver’s driver’s license and insurance information, and report your accident to Uber within the Uber app. Take photos of the damage to the Uber vehicle and the other involved car, and get the other driver’s name and insurance information, too. Finally, see a doctor immediately to check for injuries and ensure you obtain appropriate treatment.
Contact an experienced Uber accident lawyer
Dealing with Uber after an accident in which your driver was at fault can be challenging. This is especially true if you sustained serious injuries. While Uber provides insurance with high policy limits, it also vigorously defends against accident and injury claims. After you seek and receive medical treatment, you should speak to an experienced Uber accident lawyer at the law firm of.
Harvard Health Blog 