I Was Hit by an Uber in California*

Rideshare popularity is growing across the country. With the increased number of vehicles on the roads, the number of rideshare vehicles in accidents has also increased. If you were hit, you have suffered damages.

You might be able to recover compensation for those damages by pursuing a personal injury claim against the driver as you would with any other auto accident. You need to keep all evidence and documentation to support your claim, just like any auto accident injury case.

How Does Ride Sharing Work?

Rideshare companies are competitors of car services and taxi services. A ride sharing company doesn’t own, control, or operate the vehicles that use their name. Ride sharing companies don't even hire its drivers.

Instead, the drivers are common people who operate their own vehicles using the ride sharing service name. These contracted drivers pick up passengers and unlike taxi services, the pricing structure is very different, and customers hire the driver and transport services using a phone app.

Who is Liable for Damages with a Ride Sharing Service?

Any car accident requires the claimant to prove two things to have a successful personal injury claim. You must prove liability, which means show the other person was at fault for the crash, and damages, which show how you were injured.

If you were hit by a ride sharing vehicle, you must show that the other party was negligent for your claim to be successful. If the negligent party was the driver for a ride sharing service, your accident claim will proceed against the driver as it would for any other accident claim.

However, the challenge might be determining whether the driver’s insurance company or the rideshare company’s insurance is liable for the damages. In some states, comparative negligence is used. That means you can sue for the percentage of damages that the driver caused.

Determining Whose Insurance is Liable

Most ride sharing services require their contracted drivers to have their own personal auto insurance coverage that either meets or exceeds the state minimum requirements for liability coverage. But, this auto insurance coverage most likely won’t provide coverage when the vehicle is being used for passengers.

In most cases, personal auto insurance coverage will not cover accidents when the vehicle is being driven for hire. A ride sharing service must keep liability coverage for their contractors, and that insurance comes into play when the driver is either available and waiting for a passenger or when a passenger is being transported.

Usually, when the driver is not logged into the ride sharing service app, he or she is not covered by the ride sharing company's policy. When the driver hasn’t accepted a ride request, but is logged into the app.

Consult with a Personal Injury Attorney

If you have been hit, you should consult with a personal injury attorney. In some states, there is a two-year statute of limitations for pursuing a personal injury claim after an accident. Complete the Free Case Evaluation Form on this page today so you can get your claim on track.

Additional Resources

*Disclaimer: The content of this article serves only to provide information and should not be construed as legal advice. If you file a claim against Uber, or any other party, you may not be entitled to any compensation.