Uber/Lyft/Rideshare Accidents in Denver

The popularity of Uber and Lyft has exploded in Colorado over the past several years. The ride-sharing service has been applauded for helping ease road congestion and providing a safe option after a few drinks. Unfortunately, Uber and Lyft rides don’t always end safely. These vehicles and their drivers are no more immune to accidents on the roads than other drivers. When Uber/Lyft/rideshare accidents in Denver occur, the aftermath is often more confusing than other types of crashes.

Are Uber and Lyft passengers covered by insurance? What insurance company do they go through to claim compensation for their injuries? What steps should they take to claim coverage? These are all important questions. An experienced car accident lawyer from The Wilhite Law Firm can answer them all for you. Contact us today to learn more in a free consultation.

Rideshare Insurance for Passengers

Under Colorado law, Uber and Lyft drivers must carry at least one million dollars in accident insurance during a prearranged ride. A prearranged ride is the period from when the driver accepts a ride request to when the passenger leaves the vehicle. This means that the coverage applies even if the driver has accepted a request but has not yet picked up the passenger.

This $1 million insurance policy is provided by Uber/Lyft and is intended to cover the costs of a single accident. This insurance can provide coverage not only for passengers but also for other drivers if they are hit by an Uber or Lyft driver in Denver. The amount of insurance you may have available to you may depend on whether other parties suffered injuries in the accident.

Even if an Uber or Lyft driver has gone online to indicate they are available to drive passengers, Uber must still provide them with certain insurance coverage. This coverage must provide at least $50,000 per person and $100,000 per accident during this time period. If an Uber or Lyft driver does not have passengers and has not accepted a request, other drivers can still claim this insurance if they are hit by a negligent Uber or Lyft driver who was online at the time of the accident.

When Uber/Lyft drivers are not online and not accepting requests, they are considered off the clock. In these instances, they must carry their own liability insurance as mandated by Colorado law.

What To Do After an Uber/Lyft Accident

The moments after any car accident are confusing. You are likely suffering from injuries, you may not know how the accident happened, and you probably don’t know what to do next. Taking the right steps at this point is very important. It’s the only way to protect your claim and your right to compensation in the future.

After an accident involving an Uber or Lyft in Denver, you should:

• Exchange Information – You should write down the names, driver’s license numbers, license plate numbers, insurance information, and any contact information of all drivers involved, including the Uber or Lyft driver. If there were witnesses to the accident, make sure you write down their names and contact information, too.
• Take Photos – Today, everyone has a smartphone. It’s an important tool after an Uber or Lyft accident. Take photos of your injuries, the surrounding scene, and any pertinent details, such as a red light that a driver ran. Also, take photos of any damage to the vehicles involved, as these can often help explain how the accident happened.
• Get Medical Attention – Your health should always be your top priority after an accident. If you have serious injuries, call 911 or have a bystander call for you. If you are not critically injured, you can remain at the scene, but make sure that as soon as you leave, you get medical treatment. This is important even if you don’t think you suffered major injuries. Some injuries aren’t always apparent immediately.
• File an Accident Report – While you must call the police after any car accident in Colorado, the police won’t always file a report. They will only do so if there are injuries or more than $1,000 in property damage. You should also file a report directly with Uber or Lyft. Filing a report will create a record of the accident.

Determining Liability for Rideshare Accidents

When a car accident occurs, it’s always difficult to determine liability, or who was at fault for the crash. The person liable for a crash is the one who acted negligently, recklessly, or carelessly. This is not always easy to determine, however.

When drivers act negligently, they can be held liable for a crash. Negligent driving behavior includes drunk driving, driving while distracted, or ignoring road signs and signals. Even failing to properly maintain a vehicle is considered negligence. When a motorist does not drive in a manner that will keep everyone safe, those injured in an accident can hold them liable.

It’s not only drivers who are liable in a crash. If a vehicle has defective parts, the manufacturer may be liable in the event of an accident. Additionally, if the road was in disrepair and caused an accident, a government entity could even be held liable for a crash.

This is what makes determining liability after a rideshare crash in Denver so difficult. There are often multiple parties involved, and negligence isn’t always easy to identify. For example, if an Uber driver failed to fix his or her brakes, and brake failure caused an accident, that negligent act may not always be readily apparent.

Additionally, there could be other negligent parties. Determining who they are and what percentage of fault they carry can be extremely challenging. An Uber/Lyft accident lawyer from The Wilhite Law Firm can help those hurt in these crashes to determine who was at fault and hold them responsible.

Damages Recoverable in an Uber/Lyft Accident

Under Colorado law, any passenger or other driver hurt by a negligent driver is entitled to full compensation for their losses. Through a Denver personal injury claim, injured individuals can receive compensation for:

Claiming this insurance isn’t always easy. Although Uber and Lyft’s insurance policy provides a large amount of coverage, you will still have to deal with the insurance company. Like any other insurance company, Uber’s or Lyft’s insurer will be more concerned with profits than with providing coverage to injured parties. The insurer will use many tactics to deny your claim or offer a settlement that fails to fully cover all of your losses. For this reason, anyone injured in an Uber or Lyft accident in Denver should speak to an accident lawyer without delay.

Types of Rideshare Accident Victims

When Uber or Lyft drivers are involved in a collision, multiple parties could suffer the consequences. Some potential injury victims in a Denver rideshare crash include the following:

Passengers

Passengers are among the most common victims in Uber and Lyft accidents. Whether the crash is caused by the rideshare driver or another motorist, passengers often suffer serious injuries despite having no control over the situation. Because they are covered by the rideshare company’s insurance when a ride is active, passengers generally have a strong claim for compensation.

Other Drivers

Other motorists may also be injured in collisions involving an Uber or Lyft vehicle. If the rideshare driver causes the crash through negligence, the injured driver can seek damages through the driver’s personal policy or Uber’s or Lyft’s commercial coverage, depending on whether or not the driver was using the app or not.

Pedestrians

Pedestrians struck by rideshare vehicles can suffer devastating injuries, particularly in congested areas where Ubers or Lyfts frequently stop or turn without warning. If the driver was actively logged into the app or transporting a passenger, the rideshare company’s insurance may apply.

Bicyclists

Bicyclists are especially vulnerable to careless driving by rideshare operators. Doorings, sudden lane changes, or failure to check blind spots can all lead to serious accidents. Like other victims, cyclists may be entitled to recover damages based on the rideshare driver’s activity at the time of the collision.

Unique Complications in Rideshare Claims

One of the benefits of working with our Denver team is that we understand the unique nature of rideshare collisions. We can help you navigate multiple insurance policies and answer your questions about suing Uber or Lyft directly after a crash.

Multiple Insurance Policies

Rideshare companies like Uber and Lyft use a tiered insurance structure. The coverage they offer varies depending on whether the driver is offline, awaiting a ride request, or transporting a passenger. Sorting out which insurance policy applies is not always easy, but our attorneys are here to help.

Independent Contractor Status

Uber and Lyft drivers are typically classified as independent contractors rather than employees. This classification often makes it impossible to sue the rideshare company directly. However, there are some situations when a lawsuit against Uber or Lyft is possible. We can advise you when this option is available to you.

Evidence Preservation

Because rideshare platforms rely heavily on app-based tracking and digital records, preserving critical evidence is a priority. Data like GPS logs and driver communication could be invaluable for proving who was at fault. Our attorneys understand how to use the legal system to access this information.

Contact Our Denver Uber & Lyft Accident Attorneys Today

Accidents involving Uber and Lyft drivers can be frustrating for a variety of reasons. Not only is dealing with a serious injury challenging, but there are additional layers of complexity when it comes to Uber’s and Lyft’s insurance coverage as well. 

If you have been injured in an Uber/Lyft/rideshare accident in Denver, it’s important to know you are not alone. At The Wilhite Law Firm, we are here to help. We have extensive experience holding rideshare drivers accountable. Our team understands the complex rules regarding Uber’s and Lyft’s insurance policies, and we can use our experience to help you get what you deserve. If there are signs that Uber or Lyft shares some direct responsibility for your accident, we can hold them accountable as well.   Contact us today for your free consultation.