Experienced Counsel for Rideshare Collisions in the San Jose Area
It’s hard to believe Uber & Lyft were not around before 2012. These ride-sharing services have revolutionized the transportation industry and decreased rates of drunk driving in California cities, but they have also created a legal grey area. If you’ve been injured in an accident while riding in an Uber or Lyft, you will need an experienced legal team to help you navigate multiple insurance policies and corporate agents. Fortunately, our attorneys at Caputo & Van Der Walde LLP are highly experienced in all types of car accident claims and know how to go up against big insurance companies.
Call (800) 900-0863 so that we can review your case for free!
Who Caused the Accident?
This is one of the most important questions in Uber/Lyft accidents. If the collision was caused by your driver, you will need to explore coverage through the driver’s personal auto insurance policy as well as potential corporate coverage offered by the rideshare company; in some cases, you may be able to file a claim with both insurance policies.
On the other hand, if the accident was caused by the other vehicle, and not your rideshare driver, you will have to file a claim against the other driver’s insurance policy. Uber and Lyft’s insurance policies only apply in circumstances where their own drivers are at fault. If the driver who hit you is uninsured, that leads into a whole new area of insurance claim processes, which is why it’s so important to choose a car accident lawyer who highly experienced with the complicated process of auto insurance claims.
Filing a lawsuit against Uber or Lyft is like a complex game of insurance chess. Rest assured, our attorneys are masters.
The Independent Contractor Controversy
Uber and Lyft drivers are considered independent contractors, as opposed to employees of their respective companies. While this fact is being challenged and changed in the state of California with AB5, rideshare companies are likely to muddle insurance policies until this practice becomes illegal in 2020.
If you are harmed while in an Uber or Lyft as a result of your driver’s negligence, you may be tempted to only hold the driver accountable. In many cases, however, a driver’s personal policy may not be substantial enough to help you recover from your injuries, or their policy will have a “business use exception,” and the driver’s insurer will refuse to cover you altogether.
Our rideshare accident attorneys in San Jose can help you negotiate this initial insurance claim against the driver, before exploring other avenues. We can also help you move forward with the convoluted process of suing Uber or Lyft. Once we have helped you recover all available coverage from the initial insurance claims, we can potentially go after whichever rideshare company was involved. Both Uber and Lyft have $1M third-party insurance policies to help cover inadequate driver insurance and uninsured drivers.
At Caputo & Van Der Walde LLP, we have an intimate understanding of how to maximize your claim. Don’t let Uber and Lyft sell you short!
Can I File Against Uber and Lyft Directly?
Because of the independent contractor agreement we just discussed, it is difficult to file a lawsuit against rideshare companies themselves. To do so, you will need to prove that Uber or Lyft was somehow liable for the accident, outside of their driver’s negligence. With the changes to independent contractor policies coming in January 2020 to the state of California, however, we anticipate that many more lawsuits against rideshare companies will be filed.
Discuss Your Options During a Free Consultation
The legal landscape surrounding Uber and Lyft accidents is complex, and it will only get more complicated as time goes on. If you come into our office for a free consultation today, we will have plenty of time to strategize your case and consider new laws. We will help you manage California’s statute of limitations and navigate the best way to present your case. With over 85 years of collective experience dealing with car accidents, we have seen the law change countless times. Our firm is nationally recognized because we know how to adapt and innovate within the most byzantine legal spheres.
Call (800) 900-0863 today to start working on your Uber/Lyft accident case in the San Jose area.