Rideshare services like Uber and Lyft have become a staple of modern transportation, offering convenience at the touch of a button. However, with millions of rideshare vehicles on the road, accidents are an unfortunate reality. When these incidents occur, victims often face a complex claims process that differs significantly from a standard car accident.
If you’ve been injured in a rideshare accident in California, knowing your rights is the first step toward recovery. That’s where Antaramian Law, APC, comes in. Led by attorney Andrew Antaramian, the firm provides clients with a unique advantage when pursuing compensation and justice following a rideshare accident.
With his background as a former insurance defense attorney, Mr. Antaramian brings insider knowledge of how the other side approaches these cases. Having an attorney who understands the opposition’s strategies can make a considerable difference in achieving a favorable outcome for your personal injury claim.
Determining who is responsible for damages in a rideshare accident can be complicated. Liability often hinges on the driver's status at the time of the crash. Was the driver logged into the app? Were they on their way to pick up a passenger, or was a passenger already in the vehicle? The answers to these questions dictate which insurance policy will apply.
Most personal auto insurance policies do not cover accidents that happen while the driver is working for a rideshare company. This is because driving for hire is considered a commercial activity, which is typically excluded.
As a result, rideshare companies, such as Uber and Lyft, are required to carry substantial insurance policies to cover incidents involving their drivers and passengers. These policies are tiered, providing different levels of coverage depending on the driver's activity at the time of the accident.
If a rideshare driver is not logged into the app, they are considered to be driving for personal reasons. In this scenario, any accident they cause would be covered by their personal auto insurance policy, just like any other driver on the road. The rideshare company's insurance would not be involved.
When a driver is logged into the app and is available to accept ride requests, a limited form of liability coverage from the rideshare company applies. This policy is contingent, meaning it only takes effect if the driver's personal insurance denies the claim or if the damages exceed the driver's policy limits. This coverage is typically lower than the full commercial policy.
Once a driver accepts a ride request and is en route to pick up a passenger, or if a passenger is already in the car, the rideshare company's full commercial insurance policy is in effect. This policy generally provides up to $1 million in third-party liability coverage.
This covers injuries and property damage to other people involved in an accident caused by the rideshare driver. The policy also includes uninsured/underinsured motorist (UM/UIM) coverage, which protects both the passenger and the rideshare driver if they are hit by a driver who has no insurance or insufficient insurance.
Accidents involving rideshare vehicles can lead to a wide range of injuries, from minor to severe. These vehicles often operate in busy urban areas, thereby increasing the risk of high-impact collisions. Some common types of injuries include:
Whiplash and other soft tissue injuries
Broken bones
Head and brain injuries, including concussions
Spinal cord injuries
Internal injuries
Cuts and lacerations
Victims may be entitled to recover compensation for various damages. This compensation is intended to cover both economic and non-economic losses resulting from the incident.
Economic damages: These include tangible financial losses, such as medical bills (past and future, lost wages and loss of future earning capacity, and property damage to your vehicle or personal items.
Non-economic damages: These are more subjective and cover the personal impact of the accident, including pain and suffering, emotional distress, loss of enjoyment of life, and disfigurement or scarring.
Documenting all your injuries and losses is vital. Keeping detailed records of medical treatments, expenses, and missed work can serve to strengthen your claim. It is also helpful to keep a journal of the daily effects of your injuries on your life.
California has several laws regulating rideshare companies, also known as transportation network companies (TNCs). Assembly Bill 5 (AB-5) and Proposition 22 have significantly influenced the laws for gig workers, including rideshare drivers. While these laws mainly address employment classification, they also carry significant implications for insurance coverage and liability.
Under California law, TNCs are required to provide the tiered insurance coverage previously described. This legal requirement was established to protect the public. Before these regulations, significant gaps existed in insurance coverage, leaving many accident victims without a clear path to compensation.
California also follows a "pure comparative negligence" rule. This means that you can still recover damages even if you were partially at fault for the accident. However, your total compensation award will be reduced by the percentage of fault attributed to you.
For example, if you are found to be 20% responsible for the accident, your final settlement will be reduced by 20%. This rule applies to all parties in a car accident, including passengers, pedestrians, and other drivers. An attorney can help gather evidence to demonstrate the other party’s degree of fault and protect your right to compensation.
The insurance policies held by rideshare companies often appear straightforward; however, obtaining a fair settlement can be challenging. These companies and their insurers have teams of lawyers and adjusters dedicated to minimizing payouts. They may try to argue that their driver was not at fault, dispute the severity of your injuries, or offer a low settlement that does not fully cover your long-term needs.
An attorney who understands personal injury law and has experience with rideshare accident cases can level the playing field. They can handle all communications with the insurance companies, gather necessary evidence like police reports and witness statements, and build a strong case on your behalf. Their goal is to show the full extent of your damages and secure the compensation you need to move forward.
If you or someone you know has been injured in a rideshare accident, seek medical attention for your injuries and consult an experienced attorney as soon as possible to file a claim. At Antaramian Law, APC, Attorney Andrew Antaramian brings a unique perspective to personal injury law. Having spent nearly a decade as a defense attorney for insurance companies, he gained firsthand knowledge of how they operate. This experience showed him the impact of serious injuries on individuals and their families.
This motivated him to shift his focus from representing large corporations to representing real people. Now, Mr. Antaramian uses his insider knowledge of the opposition’s strategies and evaluation methods to benefit his clients.
Located in Glendale, California, he serves clients in Los Angeles, Riverside, San Bernardino, Orange, Ventura, and Kern Counties. If you've been injured in a rideshare accident, call Antaramian Law, APC to schedule a consultation.
Rideshare services like Uber and Lyft have become a staple of modern transportation, offering convenience at the touch of a button. However, with millions of rideshare vehicles on the road, accidents are an unfortunate reality. When these incidents occur, victims often face a complex claims process that differs significantly from a standard car accident.
When a serious accident occurs, physical injuries are often the most visible and immediate concern. However, the emotional and psychological impact can be just as debilitating, leaving lasting scars long after the physical wounds have healed. If you're facing emotional distress following an injury, understanding your rights is the first step toward recovery.
