Every year, dozens of Uber and Lyft passengers end up in the hospital after serious rideshare vehicle accidents. Rideshare companies don’t vet their drivers like traditional taxicab service providers. This could increase the risk of negligence-related accidents.
After you sustain injuries in an Albuquerque Uber or Lyft accident, contact The Fine Law Firm. We can review your case and help you understand your potential right to file a lawsuit. Our New Mexico car accident lawyers have years of experience in the field of personal injury and car accident law and a 99% success rate. Trust us with your accident case and work with attorneys who care.
Why Choose Us?
The Fine Law Firm has earned the respect of others in the legal profession through years of detailed legal representation and keeping close relationships with injured clients. We treat clients like our own friends and family members, doing all we can to secure justice for their injuries. People choose us because:
- We have more than 40 years of experience representing victims of personal injury, including those injured in rideshare accidents.
- We put clients’ interests above our own. We even reduce our attorneys’ fees to ensure our clients get more compensation than we do.
- We have ample experience in the courtroom and aren’t afraid to go up against large corporations such as Uber and Lyft to maximize compensation.
It’s important to feel confident in the injury attorney you choose. When you select an Albuquerque Uber or Lyft accident attorney from The Fine Law Firm, you can rest assured your lawyer is doing everything possible to win the case on your behalf.
Why Do You Need an Uber or Lyft Accident Lawyer?
All car accident cases can be complex and difficult to litigate, but Uber and Lyft are notorious for trying to escape liability. These companies don’t own the vehicles their users take or hire drivers as employees. Instead, they attempt to shirk responsibility for accidents and injuries by classifying drivers as independent contractors. You need to hire a rideshare lawyer to get fair compensation from your Uber/Lyft claim. Otherwise, the corporation could take advantage of you.
Causes of Rideshare Accidents
Driver error is the number one cause of rideshare collisions. Distracted driving is a significant issue, as Uber and Lyft drivers must access and operate their cell phones while driving. They only have a few seconds to respond to a new rider request and must do so while driving the vehicle. The use of cell phones behind the wheel while driving for Uber and Lyft has been a subject of controversy, but one neither company has remedied. Other common causes of Uber or Lyft accidents include driver inattention, breaking roadway rules, and third-party drivers.
The Difficulty of Determining Liability in Rideshare Accidents
Determining who is liable, or legally accountable, for your Uber or Lyft accident can be difficult. As the passenger, you know you aren’t at fault. The liable party may be the individual driver, or the rideshare company itself. Both companies keep up to $1 million in liability insurance in the event of accidents and passenger injuries.
You could be eligible for recovery through the company’s insurance plan if the driver is at fault. If, however, an off-duty driver struck you as another driver or pedestrian, the individual driver could be liable for your damages. Determining whether the driver was “on the clock” could be difficult depending on the situation.
What Are the Four Status Periods of a Rideshare Driver?
The rideshare industry is not as straightforward as taxi services when it comes to a driver being on-duty vs. off-duty. Since rideshare drivers operate their own vehicles on and off the clock, work status depends on the driver’s current status within the Uber or Lyft app at the time of an accident.
There are four status periods of a rideshare driver based on his or her activity in the app:
- Period 0. In Period 0, the driver is not operating his or her vehicle for work purposes or for money. The driver is logged out of the Lyft and Uber apps.
- Period 1. The rideshare driver has turned the Uber or Lyft app on and logged in, but has not yet accepted a ride request.
- Period 2. The rideshare driver has accepted a ride request in the app and is en route to pick up the passenger.
- Period 3. The driver has picked up a passenger, and the passenger is still in the vehicle when the car accident occurs.
These ride periods are critical for determining financial responsibility for an Uber or Lyft accident. When a rideshare accident occurs in Albuquerque, investigators will obtain the driver’s phone data to check the status period of the rideshare driver. This will determine Lyft or Uber’s liability and how much insurance coverage is available to injured victims.
What Does Lyft Accident Insurance Cover?
By law, Lyft as a Transportation Network Company or TNC is required to carry adequate insurance to cover potential injuries and losses caused by its drivers. To satisfy this requirement, Lyft offers up to $1 million in insurance in New Mexico.
What Lyft’s insurance covers depends on the rideshare driver’s status at the time of the accident:
- Period 0. When the driver is logged out of the app, only the driver’s personal auto insurance policy will apply to pay for any damages the driver causes. Lyft does not offer any insurance during this period and is not liable for accidents.
- Period 1. While an active rideshare driver is waiting for a ride request, the company’s insurance policy offers limited liability coverage: $50,000 per person and $100,000 per accident for bodily injury plus $25,000 for property damage.
- Period 2. In Period 2, the rideshare company’s full $1 million in coverage is typically available to pay for automobile accidents. This includes contingent, comprehensive and collision coverage.
- Period 3. When a passenger is in the car, the highest level of company-provided insurance will apply – generally, at least $1 million in third-party auto liability coverage, plus uninsured and underinsured motorist insurance, personal injury protection (PIP) insurance, MedPay, and/or Occupational Accident coverage.
Period 1 is the most vulnerable time for rideshare drivers, as their personal insurance policies typically exclude this waiting period, but Lyft’s full coverage is unavailable. For this reason, it is recommended that they carry supplemental insurance.
What Does Uber Accident Insurance Cover?
Uber also offers up to $1 million in insurance coverage for rideshare accidents involving its on-duty drivers. The ride status periods and amounts available in each period based on the driver’s app status are the same as Lyft’s, as listed above. Uber maintains the same types and amounts of commercial insurance to cover victims’ injuries under New Mexico’s TNC laws.
Who Do I Pursue for Damages?
Your first communication should be with the rideshare company with which you are a passenger. Log into the app and follow the instructions for reporting an accident. The company should follow up with you shortly for more details. Your case may then pass to an insurance claims adjuster. Do not say yes to the first settlement offer. Instead, contact a lawyer to learn more about the true value of your case. An Albuquerque rideshare accident attorney can help you pursue maximum damages.
Contact Us Today
Contact us after a serious Uber or Lyft accident in Albuquerque. Our Albuquerque personal injury lawyers have experience handling (and winning) these types of claims. Let us help you recover the damages your injuries demand. Call (505) 889-FINE today.