Vehicle Accidents
Which insurance applies depends on what the app was doing
Rideshare coverage turns on the driver’s app status at the moment of the crash, and that single fact can change the available insurance dramatically.
About rideshare accidents claims
California regulates rideshare companies as transportation network companies and requires tiered insurance coverage. When a driver is offline, only their personal policy applies. When the app is on but no ride is accepted, a contingent policy with lower limits typically applies. Once a ride is accepted and while a passenger is in the vehicle, a substantially larger commercial policy generally applies.
Establishing app status is therefore central to the claim, and that information sits with the rideshare company rather than with the people involved. Trip records, GPS data and timestamps must be requested, and the account of a driver who has an incentive to characterize the trip a certain way should not be the only basis for the analysis.
These claims also reach injured people who were never in the vehicle. Pedestrians, cyclists, motorcyclists and occupants of other cars can all recover under rideshare coverage when a driver on the platform causes the collision.
Common injuries
Injuries we see most often in these cases. Every claim is different, and this list is not exhaustive.
- Head and facial injuries to unrestrained rear-seat passengers
- Neck and spinal disc injuries
- Fractures of the wrist, arm, hip and lower leg
- Knee and shoulder injuries requiring surgical repair
- Injuries to pedestrians and cyclists struck by a rideshare vehicle
- Psychological injury and travel anxiety
Who can be held liable
Responsibility often extends well beyond the most obvious company. We look at every party in the chain.
- The rideshare driver who caused the collision
- The transportation network company’s insurer, depending on app status
- Another at-fault driver involved in the crash
- A vehicle or component manufacturer where a defect contributed
- A government entity responsible for a hazardous road condition
Evidence that matters
What we work to preserve and obtain early, because this proof tends to disappear with time.
- The trip receipt, driver identity and in-app trip record and timestamps
- Screenshots of the ride, route and fare from your account
- The traffic collision report and any citation issued
- Rideshare platform GPS and app-status data obtained through the claim
- Medical records and documentation of missed work
Do not wait on the deadline
California generally allows two years to bring a personal injury or product liability claim under Code of Civil Procedure § 335.1, and two years from the date of death in a wrongful death case. Shorter deadlines apply when a government entity is involved, and deadlines can be extended for injured children. Exceptions are fact-specific. Talk to us before you assume anything about your own timeline.
Answers
Rideshare Accidents: common questions
Injured by rideshare accidents? Let us review it at no cost.
A conversation costs you nothing and there is no obligation. No fee unless we recover compensation for you. In some matters a client may still be responsible for case costs and expenses, and we will explain exactly how that works before you decide to hire us.