A crash involving a rideshare vehicle isn't just another car accident. It introduces large corporations with their own legal and insurance teams into your life, creating a situation that is instantly more complicated than a fender-bender between two private drivers. If you were injured in a collision involving an Uber or Lyft, your path to compensation is different.
It all hinges on one question: what was the driver's status on the app at the moment of the crash?
The answer determines which insurance policy is responsible for your injuries, and how much you can realistically be compensated.
Trying to sort out these legal distinctions while recovering from an injury is the last thing you should have to do. As rideshare accident lawyers, our role is to manage these issues for you so your only job is to focus on your health.
If you have questions about what to do next, we’re available to help. Call Harris Personal Injury Lawyers for a free consultation at (619) 864-7101.
Key Takeaways for San Diego Rideshare Accident Claims
- The driver's app status determines insurance coverage. Whether the driver was waiting for a ride, on the way to a pickup, or had a passenger dictates which of the company's multi-layered insurance policies applies, with coverage ranging from $50,000 to $1 million.
- Your own auto insurance might be your best protection. If the rideshare driver's insurance isn't enough to cover your injuries, or if the at-fault driver was uninsured, your own Uninsured/Underinsured Motorist (UIM) coverage could be used to pay for your medical bills and lost income.
- Digital evidence is central to your case. Information from the rideshare app, including GPS data, timestamps, and trip status, provides a digital trail that helps establish exactly what happened and who is responsible.
Why Choose Harris Personal Injury Lawyers for Your Rideshare Claim?
After an accident, you need a team that not only understands personal injury law but also has the resources and track record to stand up for individuals against large corporations. Our firm has recovered over $800 million for clients and maintains a 99% success rate. We have a history of securing top-ranking settlements in California.
5 Reasons Why San Diego Residents Choose Harris Personal Injury Lawyers
- Access to Premier Medical Care: We connect you with medical professionals who specialize in treating accident injuries. Health insurance sometimes restricts you to a narrow group of doctors or comes with a high deductible. We can arrange for you to receive top-tier medical care with little or no upfront cost.
- Reduce Your Stress: The physical pain and emotional strain following an accident are enough to handle. We take on the demanding work of dealing with insurance claims, police reports, and medical bills so you can get back to your life.
- Resources to Level the Playing Field: Billion-dollar insurance companies save money when you settle a claim without a lawyer. Our firm advances all costs for securing evidence, hiring experts, and other case expenses to put you on equal footing with these deep-pocketed corporations.
- Negotiation Leverage: You may be a skilled negotiator, but insurance companies respond to a credible threat of litigation. We have successfully litigated thousands of cases against major insurers and we know their tactics. This gives us negotiation leverage to pursue the maximum value of your claim.
- You Only Pay If We Win: We work on a contingency fee basis. This means you pay nothing upfront. Our firm only receives a percentage of what we recover for you. With our 99% success rate, we are confident in our ability to win, but if we don't, you owe us nothing.
Locally Based in San Diego
Our San Diego headquarters is located at the El Cortez, 702 Ash Street, Suite 10, San Diego, CA 92101. We are just a few blocks from Balboa Park. We offer free consultations by phone or in person. If you can't come to our office, we will come to you.
What Compensation Can You Pursue After a San Diego Rideshare Accident?
The goal of financial compensation is to help restore what was taken from you by the accident. This means accounting for every expense you have faced and acknowledging every loss you have suffered. In a personal injury claim, these losses are categorized into two types of damages.
Economic Damages: The Measurable Costs
These are the verifiable financial losses you have incurred because of the accident. We work to gather every bill, receipt, and pay stub to build a complete and accurate picture of these costs.
- Medical Expenses: This includes every bill from the emergency room, hospital stays, surgeries, follow-up appointments, physical therapy, prescription medications, and any future medical care you are likely to need.
- Lost Wages and Earning Capacity: We pursue compensation for the income you've already lost while unable to work. If your injury has a long-term impact on your ability to earn a living, we also seek damages for your diminished future earning capacity.
- Property Damage: These are the costs to repair or replace your vehicle and any other personal property damaged in the crash.
Non-Economic Damages: The Human Cost
These damages are meant to compensate you for the non-financial ways the accident has rewritten your life. While there is no price tag for these losses, they are a real and significant part of your recovery.
- Pain and Suffering: This refers to compensation for the physical pain, discomfort, and emotional distress caused by your injuries.
- Loss of Enjoyment of Life: An injury may prevent you from participating in hobbies, activities, or daily routines you once valued. This compensation acknowledges that loss.
What is "Comparative Fault" and How Does It Affect My Claim?
California follows a "pure comparative negligence" rule. This legal concept means your total compensation may be reduced by the percentage you are found to be at fault for the accident. For instance, if you were found to be 10% at fault, your final award would be reduced by 10%.
Insurance companies conduct a thorough investigation, looking for any evidence to argue you were partially at fault. Our role is to keep them accountable, protect you from unfair blame, and ensure no amount of responsibility is unjustly put on you.
What Makes a Rideshare Accident Claim Different?
Unlike a crash between two private drivers, a rideshare accident involves different layers of liability and insurance coverage. The immediate question is always who, exactly, is responsible for your injuries.
Who Is Held Responsible? It All Comes Down to the Driver's App Status
California law divides a rideshare driver's time into different "periods," and each has its own insurance rules:
- Period 1: The App is On, Waiting for a Ride Request. In this situation, the driver’s personal insurance is usually primary. However, rideshare companies must provide an additional layer of liability coverage: $50,000 for injury per person, $100,000 per accident, and $30,000 for property damage.
- Periods 2 & 3: Ride Accepted or Passenger in Vehicle. Once a driver accepts a ride request, the rideshare company's $1 million commercial liability insurance policy activates. This policy covers the entire time from accepting a request until the passenger exits the vehicle.
- The App is Off. If the driver's app was off, the collision is treated like any other car wreck. In this case, only the driver's personal auto insurance applies.
How Proposition 22 Changes the Game
A California law known as Proposition 22 classifies rideshare drivers as independent contractors, not employees. Simply put, this means Uber and Lyft are generally not held directly responsible for their drivers' actions in the way a delivery company would be for one of its employees.
This distinction can make it more challenging to hold the company itself accountable for a driver's negligence. To do so, we would need to show that the company itself was negligent—for example, by hiring a driver with a known dangerous driving record or failing to enforce its safety policies.
What Happens When the At-Fault Driver's Insurance Isn't Enough?
Sometimes, the available insurance, whether it's the rideshare company's or the other driver's personal policy, falls short of covering the full extent of your medical bills and lost wages. This is particularly common in accidents that cause severe, long-term injuries. So, what happens then?
This is where your own auto insurance policy may become your most important asset.
If you have Uninsured/Underinsured Motorist (UM/UIM) coverage, you can file a claim with your own insurance company to cover the gap. This coverage is designed specifically for these situations:
- Underinsured Motorist: It applies when the at-fault driver has insurance, but their policy limits are too low to pay for all your damages.
- Uninsured Motorist: It applies if the at-fault driver has no insurance at all, or in a hit-and-run scenario.
Using your UIM coverage does not mean you were at fault, and it typically does not cause your insurance premiums to increase. It is a protection you have paid for, and our firm can help you file this claim and demonstrate the full value of your losses to your insurer.
Where and When Do Rideshare Accidents Happen in San Diego?
Rideshare services are most active in high-traffic areas, which unfortunately overlap with the city's most dangerous roads and intersections. In a bustling city like San Diego, accidents are a daily reality.
Common Hotspots for Rideshare Activity
Demand for Uber and Lyft is highest in areas with a concentration of tourists, entertainment venues, and travel hubs. As a result, we frequently see accidents in:
- Downtown / Gaslamp Quarter: With its high density of restaurants, bars, and hotels, this area sees constant drop-offs and pick-ups, leading to congested streets.
- San Diego International Airport (SAN): The airport is a primary hub for rideshare activity, with drivers constantly cycling through congested pick-up and drop-off zones.
- Pacific Beach & La Jolla: These popular coastal communities are known for busy streets, tourist traffic, and an active nightlife scene.
- Balboa Park & Convention Center: As major destinations for both locals and tourists, these areas generate a high volume of rideshare traffic.
Intersections Known for High Collision Rates
Some of these locations include:
- University Avenue at 1st Avenue and 4th Avenue
- El Cajon Boulevard at 36th Street
- Market Street at 6th Avenue
- Broadway at 5th Avenue
- Mira Mesa Boulevard at Black Mountain Road
The Conditions That Contribute to a Crash
Certain conditions increase the risk of accidents. In San Diego, these typically include:
- Time of Day: Accidents frequently happen during weekday rush hours and during late-night weekend hours when more people are heading home from bars and restaurants.
- Driver Inattention: Speeding, unsafe lane changes, and distracted driving remain significant causes of collisions throughout the city. California law prohibits drivers from holding and using a cell phone while operating a vehicle.
Dealing with the Insurance Companies
After a rideshare accident, you will likely be dealing with multiple insurance adjusters. It’s useful to understand their role in the process and the framework they operate within.
Understanding Their Business Model
An insurance company is a business that must balance paying valid claims with remaining profitable. This means their primary goal is to resolve your claim for a fair amount under the policy, but no more. This business model can sometimes feel at odds with your need for full compensation, especially when your injuries are severe.
What to Expect During the Process
- Early Settlement Offers: It is common for an insurer to make a quick settlement offer before the full extent of your injuries is known. It can be tempting to accept, especially as medical bills start arriving. However, an initial offer may not account for future surgeries, ongoing therapy, or long-term wage loss.
- Requests for a Recorded Statement: You are not legally required to provide a recorded statement to the other party's insurance company. These statements are analyzed to find any inconsistencies or admissions that could be used to weaken your claim. It is better to have an attorney handle all communications on your behalf.
- A Methodical Process: The claim process is long and filled with paperwork. It is designed to be thorough, but it can also be frustrating. It’s easy to get worn down and accept a lower offer just to be done with it. We manage this entire process so that you do not have to.
Steps to Protect Your Claim from Home
While we handle the legal work, there are several simple things you can do during your recovery to help strengthen your case. These actions provide valuable documentation that supports your claim.
- Follow Your Treatment Plan: Stick to the course of treatment your doctors prescribe. Go to all your appointments and therapy sessions. Missing them may be used by an insurer to argue your injuries are not as serious as you claim.
- Keep a Journal: Take a few minutes each day to note how you are feeling. Write down your pain levels, any difficulties with daily tasks, and how your injuries affect your life. This can become a valuable record of your experience.
- Hold onto All Paperwork: Keep receipts for all accident-related expenses in a single folder. This includes prescriptions, medical co-pays, and even mileage for travel to and from your doctor's appointments.
- Avoid Discussing the Accident on Social Media: Anything you post online could be taken out of context. It is safest to refrain from posting about the accident, your injuries, or your physical activities until your case is fully resolved.
You Don't Have to Face This Alone
A rideshare accident is more than just a typical car accident claim, and you shouldn’t have to untangle corporate insurance policies while trying to heal.
Your focus should be on your health and your family. Our focus is on everything else.
We have the experience and the resources to handle claims against the largest rideshare companies and their insurers. The first step is a simple conversation. Let us review your case for free and explain your options in plain language.
Contact Harris Personal Injury Lawyers today at (619) 864-7101.