Injuries Caused by Ridesharing Services (Uber & Lyft) in Colorado
Services like Uber and Lyft have changed how we travel around Boulder and across Colorado. With the tap of a button, you can get a ride to the Denver International Airport or a safe trip home from an evening on Pearl Street. While these services offer incredible convenience, an accident can turn a simple ride into a complicated and painful ordeal. If you are dealing with injuries caused by a ridesharing service, it’s important to know that the insurance rules are different from those of a typical car accident. Understanding them can help you protect your rights. Key Takeaways for Injuries Caused by Rideshare Services
- Ridesharing accident claims involve complex layers of insurance coverage that depend on the driver’s activity at the time of the crash.
- Passengers injured in an Uber or Lyft are typically covered by a significant commercial insurance policy held by the ridesharing company.
- Drivers, pedestrians, or cyclists hit by a rideshare vehicle may also have a claim, but the available coverage can vary.
- Colorado has specific laws that govern Transportation Network Companies, like Uber and Lyft, which dictate insurance requirements.
- Documenting the incident through the ridesharing app and gathering medical records is important for any potential injury claim.
Understanding Insurance Coverage for Uber and Lyft Accidents
When a ridesharing vehicle is involved in a crash, the biggest question is often, “Whose insurance pays for my injuries?” The answer is not always simple. It depends on what the driver was doing at the precise moment of the accident. Ridesharing companies and their insurance carriers divide a driver’s time into different phases, each with its own level of coverage.
App is Off (Period 0): If the driver is not logged into the Uber or Lyft app, they are considered to be driving for personal reasons. In this situation, only the driver’s personal car insurance policy would apply to an accident.
App is On, Waiting for a Request (Period 1): Once a driver logs in and is available to accept rides, a limited amount of liability insurance from the ridesharing company becomes active. Liability coverage helps pay for injuries or damages caused to other people. This coverage is for situations where the driver’s personal insurance might deny the claim because they were using their car for commercial purposes.
Accepting a Request or Transporting a Passenger (Periods 2 & 3): From the moment a driver accepts a ride request until the passenger is dropped off, the ridesharing company’s full commercial insurance policy is in effect. This typically includes at least $1 million in liability coverage as well as $1 million in uninsured/underinsured motorist (UM/UIM) coverage.
UM/UIM coverage is a crucial protection that can help pay for your injuries if the at-fault driver has no insurance or not enough insurance to cover your medical bills and other losses. These distinct periods are why determining responsibility after a rideshare accident can be so confusing.
What Happens if You’re Injured as a Rideshare Passenger?
If you were a passenger in an Uber or Lyft during a crash, your path to seeking compensation is often more direct. Because you were actively on a trip, the ridesharing company’s $1 million commercial policy should apply, regardless of whether your driver or another driver was at fault. This policy is designed to cover your medical expenses, lost wages, and pain and suffering. However, that does not mean the process is easy. Insurance companies, even those working for large corporations, may try to settle a claim for less than its full value. They might question the severity of your injuries or argue that a pre-existing condition is to blame. This can be especially challenging for people who have sustained a traumatic brain injury (TBI) or other serious harm where the full extent of the damage is not immediately obvious. Having a clear record of your medical treatment and how the injuries have impacted your daily life is very important.Accidents Involving a Rideshare Vehicle: Other Scenarios
Passengers are not the only ones who can be affected by injuries caused by rideshare services. Due to the high number of these vehicles on the road, other people can unfortunately be involved in a collision.If You’re Another Driver Hit by an Uber or Lyft
If you were driving your own car and were hit by an Uber or Lyft driver, the insurance situation depends entirely on which period the driver was in. If they were transporting a passenger, you could make a claim against the company’s $1 million policy. But if they were logged in and waiting for a ride, you would first deal with their personal insurance, with the ridesharing company’s lower-limit backup policy only applying if needed. The company’s insurer may even try to argue the driver was not working at the time, which is why speaking with an experienced car accident lawyer can help protect your rights.If You’re a Pedestrian or Cyclist Hit by a Rideshare Driver
Boulder is a community that loves its cyclists and pedestrians. Whether you are a student crossing the street near the CU Boulder campus or a cyclist enjoying our many bike paths, a collision with any vehicle can be devastating. If you are hit by a rideshare driver, your rights are similar to those of another driver, your rights are similar to those of another driver, and speaking with a skilled pedestrian accident attorney or bicycle accident attorney can help you understand your legal options. The available insurance coverage hinges on the driver’s status in the app. This can make a difficult situation even more stressful as you try to heal while figuring out who is responsible for your injuries.Colorado’s Laws on Rideshares
Colorado has specific regulations for what it calls Transportation Network Companies (TNCs). This law sets the minimum insurance coverage that companies like Uber and Lyft must carry for their drivers, which we have discussed in the different periods. These laws protect the public. State regulations ensure that if an accident happens, victims have a clear path to financial recovery. Colorado law holds TNCs to these standards, protecting passengers, other drivers, and everyone who shares our roads.FAQ for Injuries Caused by Ridesharing Services in Colorado
Here are answers to some common questions that arise after a ridesharing accident in Colorado.What if the at-fault driver was in the other vehicle, not my Uber or Lyft?
If the other driver was at fault, you would typically first file a claim against their insurance policy. However, if that driver is uninsured or their policy limits are too low to cover your injuries, the UM/UIM coverage from Uber or Lyft’s policy should apply to help cover the difference.Can I still pursue a claim if I was not wearing a seatbelt in the rideshare vehicle?
Colorado has a law that limits how your lack of seatbelt use can be used in a civil case. While it is always safest to wear a seatbelt, not wearing one does not prevent you from recovering compensation. However, the opposing side might argue to reduce the amount based on this fact, making your case more complex.What kind of compensation can I seek after a rideshare accident?
You may be able to recover compensation, often referred to as damages, for a variety of losses. This can include current and future medical bills, lost wages from being unable to work, loss of future earning capacity, and non-economic damages for things like pain, suffering, and emotional distress.What if I was partially at fault for the rideshare accident?
Colorado follows a modified comparative negligence rule. This means you can still recover compensation even if you were partially at fault for the accident, as long as your fault is not equal to or greater than the combined fault of all other at-fault parties. However, the amount of compensation you receive will decrease by your percentage of fault.Our Colorado Rideshare Accident Lawyers Are Here to Help
If you’ve been injured in an Uber or Lyft accident in Colorado, you need trusted legal representation. At Sloat, Nicholson & Hoover, P.C., our attorneys have more than a century of combined experience helping people in Boulder and throughout Colorado navigate complex injury claims. We believe in giving every client personalized attention, and you will always be able to speak directly with your personal injury attorney. We are committed to providing caring and credible representation to hold negligent parties accountable. If you or a loved one has been injured in an Uber or Lyft accident, we want to help you understand your rights. Contact us today at 303-447-1144 or through our online form for a free case consultation. 