After the Accident
Call 911 if anyone is injured, seek medical attention, and report the accident to the police and your insurance company.
Also take photos of the scene, gather witness information, and avoid making statements to insurers before consulting an attorney. Early evidence is key.
Responsibility and Coverage
The driver is usually the primary responsible party, but Uber or Lyft (the companies) may also be potentially liable, depending on the driver’s contract status and the insurance coverage in effect at the time of the accident.
Compensation for the injured victim depends on whether the driver was logged into the app and transporting passengers at the time of the accident. In that case, the company’s commercial policy generally covers the accident, offering higher limits than a personal insurance policy.
No, when the app is off, the driver is only covered by their personal insurance and not by the company’s commercial policy.
The commercial insurance policy only applies if the driver is logged into the app and waiting for or transporting passengers.
It can be a factor, but it is important to remember that companies may still be liable in certain situations.
Even if the driver is a contractor, the company could be held responsible for negligent hiring or supervision, or under theories of vicarious liability depending on state law.
Yes, under federal law, commercial trucks are required to carry significantly higher liability insurance than personal vehicles.
This is due to the greater risk of causing serious harm; these policies typically start at $750,000 or more.
Legal Process and Claims
You generally have two years from the date of the accident, although this may vary by state.
This deadline is called the “statute of limitations,” and if you let it pass, you could lose your right to seek compensation. It is therefore crucial to contact an attorney who can guide you on these deadlines.
Yes, you can file claims against both if each bears legal responsibility for the accident. This is important for strategic reasons.
Doing so increases your chances of compensation, especially if the driver and the company have separate insurance policies that apply to the case.
Evidence
Black box data, GPS records, app trip history, dashcam footage, and electronic logging devices (ELDs) can all strengthen your case.
These elements can prove the driver’s behavior, speed, braking, fatigue, or regulatory violations, making it easier to establish fault.