If you were injured in a car crash involving a rideshare driver, contact the San Diego personal injury lawyers of OnderLaw immediately. We might be able to help you hold that driver liable for their negligent actions and pursue compensation to cover your medical bills and other expenses resulting from your injury. You shouldn’t be the one to pay for the treatment you need to recover when another person was at fault for the accident. We’ve been seeking justice for our clients since 2002, and we’re ready to do the same for you.

People in San Diego and throughout California turn to rideshare services, such as Lyft and Uber, for convenient and inexpensive transportation. You can get home safely after a few drinks with your friends or sit back and relax on a far drive to another city. Ridesharing is also an excellent option for someone who doesn’t own a vehicle. Unfortunately, the same dangers exist in an Uber as driving yourself to work or school.

At OnderLaw, our team of San Diego rideshare accident lawyers knows how much this type of incident can upend a person’s life. Your injury might be so severe that you’re unable to return to your job. You could face financial struggles as you’re figuring out how to pay your medical bills. It can also cause significant stress to your family while you’re forced to step back from your usual household responsibilities.

Call OnderLaw today for a free consultation, and we will review the facts of your case to determine the legal options that could reach your goals and secure the financial award necessary to help heal your injuries.

What to Do in the Aftermath of a Rideshare Accident

If a rideshare driver causes your accident, whether you’re riding in their vehicle or another car, you should immediately hire a San Diego rideshare accident lawyer from OnderLaw and go to a hospital. While gathering evidence at the accident scene is helpful, your injuries might prevent you from walking around. Standing in the middle of the road with cars whizzing by could also put you in further danger. We can work on gathering all the necessary evidence to prove the driver was at fault while you’re getting treatment for your injuries.

Seek medical treatment following the crash. Don’t wait too long before your initial appointment or emergency room visit. The insurance company could use any gap in treatment as proof that your injury isn’t real or as severe as you claim. If your medical records show consistent, ongoing medical care, you could potentially receive a bigger settlement.

Depending on the severity of your injury, your initial doctor might refer you for imaging, physical therapy, rehabilitation, or other forms of treatment. Follow their instructions, and don’t stop showing up for your appointments until you recover. If you reach maximum medical improvement, meaning further medical intervention likely won’t improve your condition, your doctor might release you as a patient and might advise you to follow up for treatment whenever necessary in the future.

Liability Insurance Limits for Rideshare Drivers

California adheres to the fault system following a car accident. The person responsible for causing it becomes liable for the injured party’s medical bills, property damage, and other losses. The minimum limits on a driver’s auto insurance policy must be:

  • Bodily injury per person – $15,000
  • Bodily injury per occurrence – $30,000
  • Property damage – $5,000

If a rideshare driver caused your injuries, discovering which insurance company should  be liable will depend upon whether you were their rideshare passenger at the time. If you were in another vehicle and the rideshare driver caused a crash with you, whether they had a passenger at the time of the accident, whether they were waiting for a ride assignment, or were off the clock will make a difference which insurance company to contact. A San Diego rideshare accident attorney can help you decide whether to file a claim with their liability insurance company to cover the expenses you incurred or if the rideshare company’s insurance is the correct liable party.

For example, Uber provides the following liability limits to its employees:

  • Waiting or available for a ride request – $50,000 for bodily injury and $25,000 for property damage
  • During trips or while picking up a rider – $1 million

It’s vital that you hire a San Diego rideshare accident lawyer to assist you with your claim. Insurance companies, especially ones used by large rideshare companies, want to avoid providing a full and fair settlement. Typically, their goal is to look for valid reasons to offer as little money as possible, if anything at all.

They might try to shift blame from their policyholder, pointing out the actions you took that could have led to the collision. OnderLaw knows all the tactics insurance companies use and aggressively fights for the maximum available compensation, so you’re not left with any expenses to cover yourself.

Seeking Compensation After an Accident Involving a Rideshare Driver

If you were a passenger in a rideshare vehicle and another motorist caused your injuries in a car crash, or if you were driving and had an accident with a rideshare vehicle, you could seek a monetary award to compensate for your past and future losses. These losses might include:

  • Physical impairment or disfigurement
  • Lost enjoyment of life
  • Medical bills
  • Emotional distress
  • Property damage
  • Inconvenience
  • Out-of-pocket expenses
  • Pain and suffering
  • Lost wages
  • Lost earning capacity

Although state laws and many rideshare companies require liability coverage for their drivers, some people allow their policies to lapse or fail to purchase insurance entirely. If you’re in an accident with a rideshare driver not carrying insurance, you might be entitled to a settlement through your auto insurance company if you opted to purchase UM coverage.

Uninsured/underinsured motorist (UM) covers vehicle occupants, pedestrians, motorcyclists, and bicyclists if the at-fault party doesn’t have liability coverage or high enough limits on their policy. Filing a UM claim could result in compensation to cover:

  • Medical bills
  • Lost wages
  • Lost earning capacity
  • Pain and suffering
  • Property damage
  • Out of pocket costs

Everyone’s insurance policy differs, so it’s critical that you request a copy from your insurer to determine which losses you can cover with your UM limits. Some only allow coverage for medical bills and property damage. However, most will also provide compensation for pain and suffering and income you’re unable to earn due to your injury.

How to Handle a Lawsuit In San Diego

The statute of limitations you must comply with if someone injures you in an accident is two years. That means there’s only a two-year timeframe from the crash date to file your lawsuit against the rideshare driver. If this strict deadline passes, the court will likely dismiss your case if you try to initiate legal action.

Lawsuits are often complicated and time-consuming procedures. You’re responsible for preparing legal documents, following deadlines, and submitting evidence. If the case ends up going to trial, it can be an overwhelming and intimidating situation. You might not know the right tactics to use against the at-fault motorist and their defense attorney.

OnderLaw can gather the evidence necessary to prove you weren’t responsible for the injuries you sustained. We can locate eyewitnesses, request copies of your medical records, and collect other documentation showing how the accident happened and who should be held liable. When it comes time for your trial, our legal team will determine the best strategy for achieving your legal goals and recovering the maximum compensation you deserve from the at-fault party.

Besides pursuing a monetary award for your medical expenses, lost wages, and other losses, you might also be entitled to punitive damages from the rideshare driver. Punitive damages punish the defendant for their misconduct instead of compensating the victim for their losses. A jury will only award these damages if you can provide clear and convincing evidence that the at-fault party acted with malice, intent to oppress, or fraud.

After the car crash, you should avoid discussing the details of your case with anyone other than your San Diego rideshare accident lawyer. If a jury finds that you were partially responsible for your injuries, they could reduce your compensation by the percentage of fault they assign under the pure comparative negligence statute.

For example, if you end up with $50,000 in losses but share 20% blame for the accident, you could only pursue up to $40,000 in compensation. Under normal circumstances where the jury assigns 100% fault to the other motorist, you would be entitled to the full $50,000 to cover your total losses.

Speak to a Dedicated San Diego Rideshare Lawyer Today

At OnderLaw, our legal team will fight hard by your side until the end of your case. We aim to meet and exceed all your expectations by providing quality customer service and dependable legal representation. You will feel like a priority throughout the entire legal process. We know the importance of transparent communication and will always keep your interests in mind as we’re pursuing a favorable outcome in your case.

We take cases on contingency, so you don’t have to worry about upfront fees or costs. We don’t expect our clients to pay unless we recover compensation in an insurance claim or lawsuit. If we lose your case, you will never owe us payment of our legal fees. We also offer an initial consultation for free to discuss the car crash you were in and whether we can help.

If you suffered injuries in an accident due to a rideshare driver’s careless actions, call OnderLaw right now to speak with a compassionate and experienced San Diego rideshare accident lawyer.