Rideshare companies pop up all the time, but the two most popular have been Lyft and Uber. Since 2015, each company has grown enormously, and today millions of people in Colorado have installed these apps on their phone. With a couple of taps, they can order a clean, safe ride to their doorstep.
What happens when a rideshare driver ends up crashing into you? Call The Ferrell Law Firm, PLLC. We can discuss how to prove liability and what evidence you will need to make a claim. An Uber accident lawyer in Colorado explains in more detail who must pay compensation in any collision involving one of these vehicles.
Determining Fault
A rideshare accident claim depends on fault. As a motorist, you can sue the rideshare driver if they are legally to blame for your accident. Conversely, if you are entirely to blame for the crash, you cannot hold an Uber or Lyft driver responsible.
The fact that the rideshare driver hit you is some proof they are at fault, but that isn’t a hard-and-fast rule. Instead, we need to know more about why the accident happened.
A motorist is at fault when they fail to drive with sufficient care and cause an accident. Some examples include:
- Speeding—The rideshare driver could drive too fast to reach their destination faster. But going too fast increases the risk of accident and the amount of time the vehicle needs to come to a stop.
- Failing to yield—Some drivers will not yield as required by the rules of the road. You can seek a claim against a driver for failing to yield.
- Distracted driving—Rideshare drivers are often looking at their cell phones to see about another ride. Even if the phone is mounted on the dash, a driver can easily become distracted while others are distracted talking to passengers in the rear seat.
- Fatigue—Some drivers work in the evenings after pulling a full shift. They could nod off and cause a wreck.
These are some of the most common reasons rideshare drivers are negligent and liable for a collision.
Critical Pieces of Evidence
The most common evidence includes:
- Witnesses. Anyone who saw the accident can provide their perspective on what happened. The rideshare driver is a witness, as are you. However, it’s common for the drivers to blame each other, so third-party witnesses are often critical. These can be anyone who stopped, like another driver on the road, or a pedestrian.
- Admissions. Did the rideshare driver admit they did not see you? We can use any statements they make as part of the case. Write down what you remember the driver saying.
- Police report. You should call the police to report the accident. The officer might also investigate if the Uber or Lyft driver is intoxicated or high, and we can use any test results in a case.
- Photographs of the accident scene. Get pictures of the vehicles involved.
- Ride information. You should save information about your ride in the app.
Remember to go to the hospital soon after and then reach out to an Uber accident lawyer in Colorado for help with your case.
What Insurance Applies?
Submitting a rideshare accident claim is complex because of the different insurance that applies.
- Uber/Lyft Insurance. This insurance applies if the driver is involved in a crash with a passenger in the vehicle or when traveling to a prearranged ride.
- Driver’s personal insurance. An Uber or Lyft driver who is not logged in is an ordinary driver on the road. If they are at fault, then you submit a claim on their personal liability insurance.
- Uninsured motorist (UM) coverage. What if the driver is uninsured? In that case, you might submit a claim on your UM coverage.
Work with an experienced Lyft accident attorney in Denver. We can submit claims in the right order to maximize your compensation.
How Much Insurance is Available?
The amount depends on if the driver is logged in or not, as well as whether they have accepted a ride. (Colorado Revised Statutes § 40-10.1-604.)
- Off duty (not logged in). In this case, the Uber or Lyft driver is simply an ordinary motorist on the road. They probably only have the minimum insurance required in Colorado.
- Logged in and looking for a ride. If the driver is on duty, then a higher policy limit applies. The driver should have insurance which provides $50,000 in bodily injury liability coverage, up to $100,000 per accident. Also, the driver should have $30,000 in property damage coverage.
- Accepted ride. Once an Uber or Lyft driver accepts a ride, then up to $1 million is available in compensation.
Colorado’s Rideshare Laws
Colorado passed the Transportation Network Company Act in 2014. This law sets certain requirements for rideshare companies like Uber and Lyft, including:
- Mandatory insurance, including at least $1 million in coverage for accidents when a passenger is in the vehicle.
- Required annual inspections of a vehicle used for transportation.
- Background checks into a driver’s criminal and driving history.
- Prohibition on certain felons from driving.
- Minimum driving age (21).
This law was designed to increase public safety and confidence in rideshare companies like Uber and Lyft. These companies must file insurance certificates with the state.
Despite the law, some companies continue to employ dangerous drivers, and accidents happen regularly. Contact The Ferrell Law Firm PLLC for help. We can review whether you can submit a claim for compensation to cover your losses.
Average Settlement Amounts for Uber and Lyft Accidents
We have no reliable data on the average settlement for a rideshare accident claim in Colorado. The numbers are probably similar to those involving ordinary car accidents.
How much will you receive? That will depend on the facts of your case, including the severity of injuries, whether you cannot work, and the amount of damage to your vehicle. Someone with catastrophic injuries (such as paralysis) will receive more than if you suffer a minor break in a bone.
Schedule a Consultation with a Lawyer Today
Our Uber accident lawyer in Colorado is happy to meet for a free consultation. We can discuss in greater detail your injuries and how much you might receive in a claim. Call us today at 720-687-2795.