Colorado Springs Uber Lawyer

Uber and Lyft follow very similar business and insurance models. These companies consider their drivers independent contractors, not employees. In most cases, you cannot file a lawsuit against Uber or Lyft directly after a rideshare accident. However, you could file a personal injury lawsuit against the at-fault rideshare driver if your insurance claim is not successful.

After a rideshare accident, Uber and Lyft require you to file a claim with the driver’s personal insurance first. If that company denies your claim or your damages exceed the policy limits, you can file a claim with Uber or Lyft’s insurance. The companies typically provide the following coverages and amounts of coverage:

• If the driver did not have the Uber or Lyft app open during the accident, you do not receive company coverage.
• If the driver had the app open but was not on an active ride, you can receive up to $25,000 in property damage coverage, $50,000 in individual bodily injury liability, and $100,000 in total injury liability.
• If the driver had a passenger in the vehicle or was driving to pick up a passenger, you can receive up to $1 million in liability coverage.

After a rideshare accident, it is important to collect as much evidence as you can to aid in your future claim. If you can move safely and without injury, take the following steps to preserve your claim.

• Call 911 to bring law enforcement and medical attention to the scene, and collect the responding officer’s badge number to find your police report later.
• Seek treatment for your injuries, even if you do not feel in pain. Collect all medical records for use in your future claims.
• Take pictures of the accident scene, including your injuries, both vehicles, and any traffic signs.
• Exchange contact, license, and insurance information with the other driver.
• If you were a passenger in an Uber or Lyft, take screenshots of your app with the ride information visible.
• If there are any witnesses in the area, ask for their contact information. They may be able to provide testimony in your future claim.
• Contact a Colorado Springs rideshare accident attorney as soon as possible

The answer to the question depends on the case. Some cases are resolved in months, others that may need to go to trial, can take several years.

Most accident claims involving rideshare drivers settle out of court. Only occasionally do we need to file a lawsuit in court and litigate the case. Even though it is rare, you want to make sure you hire a law firm that is comfortable and has experience in the courtroom. You would be surprised how many firms never take cases to trial.

In Colorado, the concept of comparative negligence is applied to car accidents and other types of personal injury cases. Comparative negligence means that your compensation could be reduced by the percentage that your own actions contributed to your injuries. For example, if it’s determined that not wearing a seatbelt made your injuries 20% worse, your compensation might be reduced by 20%.

After an Uber or Lyft accident, there are several important things you should avoid doing to protect your rights and strengthen your personal injury claim. Here’s what to keep in mind:

Avoid Admitting Fault: Even if you feel partially responsible for the accident, do not admit fault at the scene or during any discussions with others involved, including the rideshare driver, other drivers, passengers, or witnesses. Fault will be determined based on a thorough investigation, and admitting fault prematurely can harm your case.

Avoid Delaying Medical Treatment: Even if you don’t feel seriously injured, it’s crucial to seek medical attention as soon as possible. Some injuries, like whiplash or internal injuries, may not show immediate symptoms. Delaying treatment can be used against you by insurance companies, who might argue that your injuries weren’t serious or were caused by something other than the accident.

Avoid Giving Detailed Statements to Insurance Companies: Insurance adjusters may contact you soon after the accident to get your statement. It’s best to avoid giving a detailed statement or signing any documents without first consulting with your attorney. Insurance companies might use your words against you to minimize your claim.

Do Not Post on Social Media: Refrain from discussing the accident, your injuries, or the ongoing legal process on social media. Even innocent posts or photos can be misconstrued and used against you by the opposing party’s legal team to undermine your claim.

Avoid Settling Too Quickly: Insurance companies may offer a quick settlement that might seem tempting, but it’s usually much lower than what you’re entitled to. Avoid accepting any settlement offers without consulting your attorney, as once you accept, you may lose the right to pursue further compensation.

Do Not Discard Evidence: Keep all evidence related to the accident, including medical records, receipts for out-of-pocket expenses, photos of the accident scene, and contact information for witnesses. This documentation is crucial for building a strong case.

Avoid Talking About the Case with Others: It’s best to keep discussions about the accident and your injuries limited to your attorney. Casual conversations with friends, family, or acquaintances can be misinterpreted and used against you in court or negotiations.

Avoid Missing Legal Deadlines: Personal injury claims are subject to strict deadlines, known as statutes of limitations. Missing these deadlines can result in losing your right to file a lawsuit. Work with your attorney to ensure all necessary paperwork is filed on time.

Avoid Assuming Uber or Lyft Will Handle Everything: While Uber and Lyft have insurance policies in place, it’s important not to rely solely on the rideshare company to take care of your needs. Their priority is to minimize their own liability, so having your own attorney ensures that your interests are fully represented.

Avoid Handling the Case Alone: Navigating a personal injury claim after a rideshare accident can be complex. Avoid the temptation to handle the case on your own. Hiring an experienced personal injury attorney ensures that you have expert guidance and increases your chances of securing the compensation you deserve.

By avoiding these common pitfalls, you can protect your legal rights and improve the likelihood of a successful outcome in your personal injury claim.

If the Uber or Lyft driver was uninsured or underinsured, it could complicate your personal injury claim, but there are still options to pursue compensation. Here’s what you need to know:

1. Rideshare Insurance Coverage: Both Uber and Lyft provide insurance coverage for their drivers while they are on duty. If the driver was uninsured or underinsured, the rideshare company’s insurance typically steps in to cover the gap. Specifically, Uber and Lyft have a policy that includes uninsured/underinsured motorist (UM/UIM) coverage, which can help pay for your injuries and damages if the driver’s personal insurance is inadequate or nonexistent.

2. Coverage Limits: The UM/UIM coverage provided by Uber and Lyft usually applies if the accident occurred while the driver was actively engaged in a ride (i.e., with a passenger in the vehicle or on their way to pick up a passenger). The coverage limits may vary, but they often provide up to $1 million in coverage, which can be used for medical expenses, lost wages, and other damages.

3. Personal Insurance: If the Uber/Lyft driver’s insurance and the rideshare company’s coverage are insufficient, you may be able to use your own insurance if you have UM/UIM coverage as part of your personal auto insurance policy. This coverage can help cover the remaining costs if the damages exceed what Uber or Lyft’s insurance will pay.

4. Filing a Claim: You would typically file a claim with the rideshare company’s insurance provider. Your attorney can help navigate this process, ensuring that you pursue all available avenues for compensation.

5. Legal Recourse: If insurance coverage is still inadequate to cover your damages, your attorney might explore the possibility of taking legal action against the Uber/Lyft driver personally. However, this is often a last resort, as individual drivers may not have sufficient assets to cover large claims.

An experienced personal injury attorney can help you identify all potential sources of compensation, including rideshare company insurance, the driver’s personal insurance, and your own insurance. They can also help you negotiate with insurance companies and, if necessary, represent you in court to secure the compensation you deserve.

If you weren’t wearing a seatbelt during the accident, it can potentially impact your personal injury claim, but it doesn’t necessarily mean you can’t recover compensation. Here’s what you need to know:

1. Comparative Negligence: In Colorado, the concept of comparative negligence is applied. This means that your compensation could be reduced by the percentage that your own actions (like not wearing a seatbelt) contributed to your injuries. For example, if it’s determined that not wearing a seatbelt made your injuries 20% worse, your compensation might be reduced by 20%.
2. Seatbelt Defense: The defense might argue that your injuries were more severe because you weren’t wearing a seatbelt, which could reduce the amount of compensation you receive. However, your attorney can counter this by arguing that the other party is still primarily at fault for the accident.

In Colorado, the statute of limitations is two years from the date of the injury. That means you have two years from the date of the accident to file your claim. Note that there is no benefit to waiting. In fact, it’s important to act quickly after an injury and hire an attorney as soon as you feel comfortable doing so.