Rideshare Accident Attorney in Los Angeles

In California, rideshare companies are considered common carriers. This means that they are held to a higher standard of care than the average driver on the road. In other words, if you're injured in an accident while using a rideshare service, the company may be held liable for your injuries—even if it wasn't their fault.

When determining liability in an accident case, the first thing that must be considered is whether the driver was working at the time of the accident. If the driver was not working, then he or she is not considered an employee of the rideshare company and thus is not covered by their insurance policy. In this situation, liability would fall on the driver themself.

However, if the driver was working at the time of the accident—that is, if he or she had accepted a fare and was en route to pick up or drop off a passenger—then the rideshare company could be considered vicariously liable for any damages caused by the driver. This is because, under the doctrine of vicarious liability, an employer can be held responsible for the actions of its employees while they are working. The issue is that rideshare companies classify their drivers as independent contractors, making vicarious liability inapplicable. This is something that could still be argued in court, however, as the law may disagree with the rideshare company’s decision to classify their drivers as independent contractors.

To further complicate matters, there may also be a third party liable for damages in a rideshare accident case. This could be the case if, for example, the accident was caused by a defective car part or by poor road conditions. In these situations, it may be possible to hold the manufacturer of the car part or the government entity responsible for maintaining the roads liable for damages.

• The process of filing a lawsuit against a rideshare company is complicated. There are many potential defendants including the driver, the driver’s insurance company, the rideshare company, and sometimes even the city or state. A qualified attorney will be able to help you navigate the complicated legal process and ensure that you get the compensation you deserve.
• After an accident, you will likely want to speak to someone at the rideshare company to get more information about what happened and how to file a claim. However, it can be difficult to reach a customer service representative. A lawyer can help you navigate the bureaucracy and get in touch with the right people.
• Rideshare companies often try to deny responsibility for accidents. They may claim that the accident was not their fault or that their driver was not at fault. Even if they acknowledge that their driver was at fault, they will likely argue that because they classify their employees as independent contractors, they aren’t responsible for their driver’s actions. An experienced attorney will be able to investigate the accident and gather evidence to prove that the rideshare company is responsible for your injuries.
• You may be entitled to more compensation than you realize. In addition to medical expenses, you may also be entitled to lost wages, pain and suffering damages, and punitive damages. A lawyer will help you calculate all your damages so that you can get full and fair compensation for your injuries.
• Insurance companies are not on your side. After a rideshare accident, you will likely deal with insurance adjusters from multiple insurance companies including your own personal insurance company, the driver’s private insurer, and the rideshare company’s corporate insurer. These insurance companies are not on your side, and they will try to minimize the amount of money they have to pay out on your claim. An experienced lawyer can level the playing field and fight for the compensation you deserve.

Under California law, the insurance requirements are different depending on what phase the Uber driver is in. The first phase is period 0. This is the time when the Uber rideshare app is inactive, the Uber driver is unavailable, and there is no passenger in the Uber vehicle. Uber insurance is not available during this inactive or offline period. The only insurance that applies is the driver's personal insurance. The California minimum insurance applies, which is $15,000 for each person's injuries in an accident, $30,000 for all people injured in an accident, and $5,000 for damage to property.

The next period is known as Period 1. This is a period during which an Uber driver is available but has not yet been paired with a passenger. Under California law, the following minimum auto insurance coverages are required: $50,000 bodily injury insurance coverage per person per accident, $100,000 bodily injury insurance coverage for all injured persons combined per accident, and $30,000 property damage insurance coverage per accident. Uber’s insurance is available in this situation.

The next periods, 2 and 3, have the same insurance requirements. Period 2 is when a ride has been accepted but the passenger hasn’t entered the car yet. Period 3 is when the passenger has entered the vehicle. Uber is required to have insurance that will pay one million dollars in case of an accident. This insurance policy covers both the Uber driver and the passengers. Uber also provides uninsured and underinsured motorist insurance, which provides coverage when another vehicle is responsible for the accident and the driver does not have insurance or the policy limits don’t cover the damages.

1. Remain calm and assess the situation. If you are able, check to see if anyone in the vehicle is injured and in need of medical attention.
2. Call 911 and request assistance from the police and ambulance, if necessary.
3. Get the contact and insurance information from your driver, the driver of the other vehicle involved in the accident, and any witnesses to the accident.
4. Take photographs of the damage to both vehicles, as well as any injuries you may have sustained.
5. Do not give a recorded statement to any insurance company until you have consulted with an attorney.
6. Contact an experienced rideshare accident lawyer to protect your rights and ensure that you are fairly compensated for your injuries.
7. Follow all instructions provided by your doctor and keep records of all medical appointments, treatments, and bills related to the accident.  
8. Keep track of any lost wages or other expenses incurred as a result of the accident.

If you have been involved in an accident while riding as a passenger in a rideshare vehicle, it is important that you take immediate steps to protect your legal rights and interests following the accident. The suggested steps outlined above will help ensure that you are fairly compensated for your injuries and damages resulting from the accident, but it is always best to consult with experienced rideshare lawyers in Los Angeles before taking any further action related to your case.

Rideshare lawyers typically work on a contingency fee basis. This means that the lawyer will only charge a fee if they win your case. The typical contingency fee is between 30 and 40% of the total settlement - with 33.3% being very common. For example, if you are awarded a $9,000 settlement, the lawyer would receive $3,000 as their fee if they charge 33.3%.

If your case is not successful, you will usually not owe the lawyer anything. That being said, there are sometimes still costs associated with pursuing a case that you should be aware of. These costs can include filing fees, court reporter fees, expert witness fees, and copy costs, among others. To get a better idea of how much your specific case might cost, it's best to schedule a consultation with a rideshare lawyer. During this consultation, the lawyer will be able to evaluate your case and give you a better idea of what to expect in terms of both time and money.

If you were involved in a rideshare car accident, it is important to seek legal counsel as soon as possible. Morgan & Morgan’s experienced rideshare lawyers in Los Angeles will be able to review your case and help you determine the best course of action. There are many complexities involved in these types of cases, and we want to make sure that you are fully compensated for your injuries. The attorneys at Morgan & Morgan are here to help. We will thoroughly investigate and review your claim and work on getting you the justice you deserve. Contact us today to schedule a free and confidential consultation.