man using a rideshare app to summon a ride

Rideshare Injuries Cut Both Ways – Rider, Driver, or even a Pedestrian Can Get Coverage From Uber’s or Lyft’s Million Dollar Insurance Policies

Have you been injured as a passenger or as another driver in a rideshare accident? Or as a driver, have you been injured in an accident while driving for a rideshare app? Even worse, have you been walking and hit by a rideshare driver?

If you’ve answered yes to either question above, then there are some important things you need to know to see if their company’s insurance policy can cover your injuries!

In Colorado, depending on the status of the driver that will determine any limits that may be placed on the liability if you’ve been injured as a passenger in a rideshare accident. The three levels of liability are:

  • Whether the driver was not logged into the app and was driving on his or her own time;
  • Whether the driver was logged in and was waiting for a passenger to request a ride; or
  • Whether the driver had a passenger in the vehicle or was on his or her way to pick up an accepted ride.

Once one of the above has been determined, then that will affect the outcome of if you as the injured person can go after the driver’s own insurance and the rideshare insurance.

Going After Driver’s Insurance

For example, Uber drivers are required to have motor vehicle insurance on their vehicles, whether they are currently working or not. Depending on the status of the driver at the time of the accident will change whose insurance is best to work with, and possibly file a personal injury lawsuit against. Uber carries an insurance policy for their driver, and if that driver was driving through the Uber app and injures you, you will be able to utilize that policy to claim injuries and damages.

Filing a Rideshare Personal Injury Lawsuit

When a person is injured after an accident with an Uber driver, he or she is entitled to recover financial compensation for damages incurred as the result of a Lyft or Uber worker’s negligence. Reach out to the Attorneys at Bell & Pollock, P.C. to see if you can be covered by the rideshare’s insurance!

How to determine the responsibility of the at-fault driver:

  1. Who is responsible for a rideshare accident in Colorado?

Determining responsibility for most Colorado Rideshare accidents is based on the state’s negligence laws. To recover under a negligence standard, the injured victim must prove:

  • that the person being sued (the defendant) owed a duty of care to the plaintiff;
  • that the defendant breached the duty of care;
  • that the defendant’s breach was the cause of the injury; and
  • that the plaintiff sustained monetary damages from the injuries.
  1. What if I was injured while riding in an Uber or Lyft?

Under Colorado law, ridesharing companies, like Uber or Lyft, are expected to carry certain levels of commercial liability coverage. Uber and Lyft are considered “transportation network companies” under Colorado law. This means that certain regulations apply that require insurance coverage in case of accidents. CRS 40-10.1-602(3) (Definitions).

Passengers who were injured while in a ridesharing service car will be covered by Uber or Lyft’s commercial liability coverage. If this is the case, damages may be covered:

  •  “at least” $1 million per accident in coverage for Uber; or
  • From the time you’re online with Uber until you accept a trip until that particular trip is finished, Uber maintains automobile liability coverage on behalf of their driver in amounts of at least:
    • $50,000 for the driver’s liability for bodily injury per person case of a covered accident
    • $100,000 per covered accident
    • $25,000 for property damage for which you are responsible for in a covered accident
  • $1 million “per accident limit” for Lyft.
    • Lyft provides third-party liability insurance for covered accidents if your personal insurance does not apply.
      • $50,000/person for bodily injury
      • $100,000/accident for bodily injury
      • $25,000/accident for property damage
    • Coverage when the app is on, picking up passengers or during rides, Lyft provides the following insurance for covered accidents:
      • $1,000,000 for 3rd-party auto liability
      • Uninsured/underinsured motorist bodily injury and/or first-party coverage
      • Contingent comprehensive & collision up to the actual cash value of the car ($2,500 deductible)
  1. What if the Uber driver was “at fault” for the accident?

When a ridesharing vehicle operator is at fault for the accident and a person’s injuries, the type of liability coverage available depends on the driver’s status at the time of the accident.

    1. What happens when the driver was not logged in to the app when my injuries occurred? When an Uber driver is not logged in to the app, they are not working for the company. This means that he or she is driving for purely personal reasons. When this is the case the injured person must file a claim through the driver’s personal auto insurance liability policy. Under Colorado law, drivers are required to carry the following minimum amounts of liability insurance: Bodily Injury: $25,000 per person and $50,000 per accident. Property Damage: $15,000 per incident. CRS 13-21-111 (Negligence cases–comparative negligence as measure of damages). If the driver does not have personal insurance, the injured person may have to: go after his or her personal assets; or rely on the victim’s own underinsured liability coverage.
    2. What happens when the driver was not logged in to the app when my injuries occurred? When an Uber driver is not logged in to the app, they are not working for the company. This means that he or she is driving for purely personal reasons. When this is the case the injured person must file a claim through the driver’s personal auto insurance liability policy. Under Colorado law, drivers are required to carry the following minimum amounts of liability insurance: Bodily Injury: $25,000 per person and $50,000 per accident. Property Damage: $15,000 per incident. CRS 13-21-111 (Negligence cases–comparative negligence as measure of damages). If the driver does not have personal insurance, the injured person may have to: go after his or her personal assets; or rely on the victim’s own underinsured liability coverage.
    3. What happens when the rideshare driver has a passenger or is on the way to pick up a passenger? When an Uber driver is carrying a passenger or is on the way to pick up an accepted ride, the full liability coverage limits apply. This means that the company’s insurance will be primarily liable and will provide the coverages stated above. This can mean coverage for a current passenger who was injured, a driver that was hit by an Uber driver while he or she had a passenger (or was on the way to pick the passenger up), or a pedestrian struck during this time.

Essentially, if you’ve been injured by a driver that at the time of the accident was driving for a rideshare app or within a “transportation network,” you may be able to be covered by a million-dollar insurance policy.

Contact Us

Call a trusted attorney at Bell & Pollock, P.C. at (303) 795-5900 to get on the road to recovery now. You can also email our firm via the contact firm on this page.

As proud champions of the people, our lawyers are ready to answer your questions, explain the law and your rights, and help you take whatever steps necessary to recover the compensation you’re entitled to. With us in your corner, you can be confident that you have the legal support and representation necessary to successfully resolve your claim.

Don’t delay your recovery for a second longer – and don’t be misguided into thinking that you have to go through the process alone. Our attorneys are here, ready to help – and you won’t have to pay us anything until (or unless) there is a recovery in your case.

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Case Results

WE KNOW HOW TO WIN

CASE: Client was injured by a drunk driver. As a result of the motor vehicle accident, client was rendered a quadriplegic and needed a life care plan.
Outcome: $9,600,000

CASE: Against Insurance company for failure to pay for property damage after a gas and fire explosion.
Outcome: $1,600,000

CASE: Medical malpractice for failure to diagnose a descending aorta aneurism, resulting in death.
Outcome: $1,300,000

CASE: Neck and back injuries from car accident. Client had ongoing symptoms and needed injections for attempted remediation of pain.
Settled for $485,000

CASE: Client was injured in a 2 vehicle collision. She suffered a traumatic brain injury, concussion and multiple injuries to the neck.
Outcome: $6,000,000

CASE: Client was in her car and was T-Boned by a commercial vehicle. Her cerebral spinal fluid leaked and she suffered a concussion and traumatic brain injury with neck and lumbar (low back) injuries. Her neck injury caused radiating pain, numbness and tingling in her arms.
Outcome: $3,400,000

CASE: Client was driving on a rural road when another car crossed the center line and caused a head-on collision in the snow and ice. Client did physical work for a living. Both knees were injured, along with a neck injury.
Outcome: $2,300,000

CASE: Client was driving on South Parker road when another vehicle rapidly changed lanes and rear-ended the client. That vehicle was cited for careless driving. The collision caused a concussion with traumatic brain Injury. Client missed time from work and had a positive correlation between brain scan and neuropsychological test results.
Outcome: $950,000

CASE: Client was rear ended by a dump truck, was then knocked forward and hit another vehicle. Client had a concussion with traumatic brain injury. Client underwent a brain scan which showed hypoperfusion, correlated with her concussion symptoms. Client suffered neck injuries and injuries to her low back.
Outcome: $650,000

CASE: Client was rear-ended. The mechanism of injury from the forces in the collision caused her neck injury and at the same time, damaged her organs inside her throat. Client had swallowing and choking issues.
Outcome: $1,250,000

CASE: Client was in a motor vehicle accident. Both injections in the neck rendered some temporary relief. The Injections were transforaminal epidural steroid injections. Surgery was recommended on the lumbar (low back). The low back was injured by the forces in the collisions.
Outcome: $933,000

CASE: The client was driving in her car and was rear-ended thereby causing injuries to her lower back and neck. Client also suffered a concussion. Client had to undergo facet injections multiple times, through multiple procedures. Client also had cognitive issues which required cognitive training and therapy.
Outcome: $400,000

CASE: Client was entering a highway from an on ramp and was rear-ended by a commercial van. Client tested positive for Thoracic Outlet Syndrome and failed conservative treatment. Client underwent thoracic outlet syndrome surgey, which involved removal of the first rib to attempt to relieve pressure in the thoracic outlet. Client also suffered a back injury.
Outcome: $750,000

CASE: Client was injured by a drunk driver, who crossed the center line of the road. Client underwent multiple surgeries and could not work. Client was late 40s and needed a modified life care plan.
Outcome: $750,000

CASE: Client was rear ended by a tow truck driver who was a diabetic. The diabetic at fault party was a non-compliant diabetic and claimed he had a syncope episode, and was “blacked out”. Client had a preexisting back condition known and the forces from the collision aggravated, or made worse, the preexisting back condition in addition to, causing neck injuries.
Outcome: $350,000

CASE: Client was a passenger in a car where the driver fell asleep on a country road in the early morning hours. The car rolled multiple times. Client had eye injuries, facial injuries and neck and knee injuries.
Outcome: $850,000

CASE: Client was on the job, driving her own car, when she was rear-ended. She suffered a concussion with traumatic brain injury and pursued Workers Compensation Claim.
Outcome: $150,000

CASE: Client slipped and fell on snow and ice in Central City. He suffered back injuries, that did not require injections.
Outcome: $125,000

CASE: Client slipped and fell on snow and ice on a sidewalk in front of a business. She had to have knee surgery and multiple injections in her back.
Outcome: $175,000

CASE: Client was visiting a friend who was renting a house. Client tripped on untreated, dangerous section of deck and injured his back.
Outcome: $150,000

CASE:Client was rear ended and needed fusion spinal surgery. Insurance proceeds were limited.
Outcome: $125,000

CASE:Client was rear-ended and had to have rotator cuff surgery. Insurance proceeds were limited.
Settled for $65,000

CASE:Client was at Denver International Aiport traveling through Denver, slipped and fell and broke her ankle.
Settled for $118,750

CASE:Client was exposed to mold in a multi-family dwelling that was caused by leaking water.
Settled for $125,000

CASE:Motorcycle accident, reconstructive surgery, post-traumatic stress disorder, neurological injuries
Settled for $1,275,000

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