Ridesharing services in Colorado and elsewhere in the nation make it possible to connect riders and drivers with the use of a simple rideshare app.
But, as with other vehicles on the road, rideshare vehicles can get into car accidents.
If you’ve been involved in a rideshare accident, it may not be clear who can be held liable, because there are so many parties involved.
Ridesharing companies such as Uber and Lyft use independent contractors and tend to limit their liability for any accidents or property damage that may occur.
Legal advice from experienced personal injury lawyers is exactly what you need to get straightforward answers, rather than a frustrating runaround.
Highly skilled rideshare accident attorneys serving Colorado, like ours at Florin|Roebig, have handled these cases before and know exactly what to do.
We’re available to make the calls, sort through the details, and present a strong case that gets you the compensation you deserve.
Who’s Covered In Colorado Rideshare Accidents?
Rideshare drivers, passengers, and drivers and passengers in the other vehicles involved are covered by liability insurance in rideshare vehicle accidents.
The tricky part is that coverage depends on where you are in your rideshare journey. For example, if you have just logged into the app and sent a ride request, you are not yet covered.
Uber and Lyft drivers are covered, however, from the time they pair with a rider and are en route to pick them up until they reach their ride destination.
Full coverage auto insurance for bodily injury and property damage are in effect from the moment the ride starts.
This means that if you have been injured in an auto accident while ridesharing, you may be able to seek compensation to cover medical expenses and other related costs.
What Should You Do After A Rideshare Accident In Colorado?
When you’re in an accident, the first thing you should do is see a doctor. Medical treatment and testing can determine the extent of your injuries from the impact.
Even if you don’t have serious injuries, it’s highly recommended that you seek medical attention. Symptoms of some injuries can be masked in the aftermath of an accident.
It may be tempting for rideshare passengers to contact their insurance company and file an insurance claim first. But you have the right to seek legal counsel before doing anything else.
In fact, it’s a good idea to speak with a rideshare accident attorney first in order to improve your chances for maximum compensation by ensuring you don’t say or do anything that could hurt your case.
Your personal injury attorney can guide you through what to say to an insurance adjuster. When you’re ready, they can help you begin your personal injury case.
Don’t forget to gather the contact information for the driver, any other accident victims, and eyewitnesses, such as their driver’s license numbers and phone numbers, in case you or your lawyer need to contact them later.
What To Know About Uber And Lyft Accident Claims In Colorado
Rideshare accident claims fall under personal injury law and hinge on the negligence of each party.
In Colorado, you’re subject to a principle of contributory negligence. This means that the court will decide fault based on each party’s actions.
Colorado was one of the first states to enact laws for rideshare drivers.
Companies such as Uber and Lyft are required to perform safety inspections for driver vehicles as well as a criminal history background check.
Drivers also need a permit issued from the public utilities commission and must renew it every year. If any of these requirements were violated, it could be a reason to file a claim.
Are Rideshare Drivers Always Liable For Accidents?
Liability is a complex consideration that depends on multiple factors. A Lyft or Uber driver may not always be liable for injured passengers.
For example, if the accident was caused by another driver crashing into your rideshare vehicle, the rideshare driver would likely not be considered liable if they were following all traffic laws at the time of the accident.
Also, if the Lyft or Uber driver got into an accident caused by unsafe road conditions, they likely would not be considered liable.
In these cases, the driver in the other vehicle and the entity responsible for maintaining roadways would be the liable parties.
Because liability can be difficult to determine, it’s best to work with a skilled Colorado rideshare accident lawyer, who knows how to identify who will be responsible for your injuries.
Will Lyft Or Uber Drivers In Colorado Be Deactivated After An Accident?
Uber and Lyft both deactivate any drivers who get into an accident in order to investigate the incident.
Deactivating the driver’s account means they are not able to drive for Uber or Lyft and pick up passengers during the deactivation period.
While the deactivation is meant to be temporary, most drivers are not reactivated after getting into an accident.
When Should You File A Lyft Or Uber Accident Claim?
A rideshare accident claim can be the key to getting the financial help you need to cover accident-related expenses, such as medical bills or lost wages.
Whether you’ve lost work due to your injuries or you need full-time medical care, you can file a personal injury claim to request and receive compensation.
But there are bigger reasons to file rideshare accident claims in Colorado beyond your personal expenses.
Careless drivers may not make so many mistakes if there are consequences to their actions. Filing a claim means that you hold the responsible party at fault, which can limit the damage they do in the future.
Common Causes Of Rideshare Accidents
As long as you weren’t at fault for the car accident, any cause could be considered a reason for filing a claim.
Ridesharing accidents can be caused by any of the following factors:
- Speeding: Whether it’s the Uber driver or another driver on the road, traveling too fast decreases the time drivers have to react to a dangerous situation.
- Distraction: Uber and Lyft drivers are required to use an app to operate and this can lead to distracted driving and accidents on the road.
- Drugs/alcohol: If a driver is drunk driving or under the influence of drugs, this can lead to a preventable collision.
- Sudden pickup stops: Rideshare drivers can pick people up nearly anywhere, and sudden stops can cause accidents for pedestrians, bicyclists, and drivers.
The causes and fault of rideshare accidents can be confusing for both drivers and passengers.
For example, what if a passenger was under the influence and acting erratically at the time of the crash? Are they held liable for their actions?
Colorado rideshare accident attorneys can help you determine fault so you can decide if and when to file a claim.
Damages Awarded For Rideshare Accident Cases In Colorado
‘Damages’ is the term used for the different ways the accident may have impacted your life for which you or an injured loved one can receive compensation.
Damages can be economic (meaning they have a set value, such as medical expenses), or non-economic, meaning they are harder to calculate, like emotional pain.
You can file for multiple damages on a single rideshare accident claim, such as:
- Medical bills: Both the rideshare company and the Uber or Lyft driver will have insurance to cover expenses related to bodily injury. This may include anything from surgeries to a part-time home assistant.
- Pain and suffering: This damage falls under the non-economic category and is related to the mental stress and anguish you experience after an accident.
- Loss of consortium: If you lose a spouse or partner in a rideshare accident, you can file for damages related to the loss of support.
- Lost wages: This figure can include both your current and future earnings, depending on the extent of your injuries.
- Wrongful death: If your loved one lost their life due to a Lyft or Uber accident, you may be able to file a wrongful death claim on their behalf.
How Much Compensation Can You Win?
Estimating the amount of your rideshare accident settlement can be tricky, because attorneys typically have to take into account several forms of insurance.
However, the standard laws of personal injury still apply in that the court will consider all aspects of your injury and how it impacted your life.
For example, if you were in school to become a doctor but you suffered a brain injury during the accident, the courts will take into account how the accident affected your current career path and future financial status.
It should be noted that rideshare companies typically have a maximum of $1 million of liability coverage per accident and $1 million for bodily injury per incident.
Colorado also caps the amount of noneconomic damages (e.g., pain and suffering, loss of consortium, etc.) you can request.
Working with a rideshare accident attorney helps you maximize your chances for compensation.
They will provide a free case evaluation to assess your damages and ensure you are claiming all the damages possible.
Colorado Rideshare Accident Laws
Before 2022, Colorado rideshare laws did not extend to uninsured motorist coverage or apply to hit-and-run accidents.
That is, a rideshare passenger who was injured in a hit-and-run accident, or who was injured but had no personal insurance of their own, would not have been covered.
Due to two individuals in Colorado being injured and unable to secure compensation from such an incident, the Colorado House Bill 22-1089 was enacted.
The bill now requires transportation network companies (TNC) like Uber and Lyft to provide uninsured motorist coverage and to ensure that both riders and drivers are covered in the event of an accident at all times.
Insurance Requirements For Lyft And Uber Drivers In Colorado
In most accidents, there are only the drivers, passengers, and related insurance companies to consider.
In rideshare accidents, insurance coverage is provided by the rideshare company, which means a third party is involved.
However, coverage is difficult to navigate. Here’s what to know about rideshare insurance coverage in Colorado.
When Does Rideshare Insurance Coverage Apply For Accident Victims?
The insurance policy for rideshare drivers and passengers in Colorado is generally in effect when:
- The rideshare app is turned on
- The rideshare driver is en route to pick up a passenger (‘prearranged ride’)
- The rideshare driver is transporting a passenger
How Does Rideshare Insurance Coverage Work In Colorado?
Uber and Lyft drivers are independent contractors for their respective TNCs — not employees.
This means they and their passengers may be covered in the event of an accident, but the coverage may not be enough.
This is why most rideshare drivers opt to add rideshare insurance to their personal auto insurance.
A driver’s insurance policy (personal) will not be intended for business purposes, and thus will not cover the rideshare driver in the event of an accident while ridesharing.
Rideshare Insurance Policy Limits
Colorado law requires transportation network companies to carry minimum liability insurance coverage for all drivers and their passengers in the amount of:
- $25,000 for bodily injury of one person
- $50,000 for bodily injury of two or more people
- $15,000 for property damage
In addition, TNCs in Colorado must now provide at least $200,000 per person and $400,000 per occurrence for uninsured motorist coverage.
Our Featured Case Results
Rideshare Accident Rates In Colorado
Few statistics on rideshare accident rates alone exist in the state of Colorado, however, there are a few facts of note:
- 11 percent of all rides take place late at night in the state, increasing the odds of impaired drivers being on the road.
- Ride-hailing is responsible for an 83 percent increase in miles driven in the Denver metro area.
- 69 of every 100 miles driven by an Uber or Lyft driver in the capital is done without a passenger.
- There were 691 fatalities in traffic accidents in Colorado in 2021.
- One third of all traffic fatalities in Colorado in 2021 involved an impaired driver.
Colorado Rideshare Accident Claim FAQs
For answers to commonly asked questions regarding Colorado Springs or Denver Uber or Lyft accidents, browse the list below.
Am I Covered If My Lyft Or Uber Driver Gets Into An Accident?
Accident victims are covered in a Lyft or Uber accident, even if they don’t have insurance coverage.
Thanks to the recent Colorado House Bill 22-1089 both insured and uninsured motorists are now covered in the event of rideshare accidents.
Can I Sue Uber Or Lyft If My Rideshare Driver Gets Into An Accident?
You may be able to start a personal injury lawsuit against Uber or Lyft if your rideshare accident claim does not reach an agreeable settlement amount out of court. A rideshare accident lawyer can help you understand whether this is the right legal option for you.
How Much Is The Average Uber Or Lyft Accident Case Worth?
The settlement amount you’ll be offered for a Lyft or Uber accident case depends on many factors.
These can include the extent of your injuries, whether you will make a full recovery, the cost of your medical bills, how long you spent in recovery, and more.
Do I Have To Hire An Uber Or Lyft Accident Attorney To Start A Case?
You are not required to hire a Denver rideshare accident attorney to begin your case in Colorado, yet working with an attorney can provide many advantages for your case.
An attorney can communicate with the insurance companies and rideshare company representatives, represent you in court, explain complex legal terms, and guide you in all legal decisions throughout your case.
List Of Rideshare Accident Attorneys Serving Colorado
Having the help of an experienced attorney by your side can make all the difference in the success of your claim.
With more than three decades of experience in car accident cases, our Denver rideshare accident attorneys are highly skilled and ready to help you fight for the compensation you deserve for your injuries.
Florin|Roebig has a strong team of rideshare accident lawyers, including:
- Wil H. Florin, B.C.S.
- Tommy D. Roebig, B.C.S.
- Chase P. Florin, B.C.S.
- Neil P. O’Brien, M.B.A.
- Shaun M. Cummings
- Luca G. Esposito
- Chad K. Florin, M.B.A., LL.M.
- Nicholas S. Costantino
- John J. Hart
- Parker Y. Florin, LL.M.
- Taylor D. Roebig
- Michael A. Ossi, O.C.
- Lawrence J. Najem, O.C.
- Andrew M. Leone, O.C.
- Nollys R. Solarte, O.C.
Our law firm has been named in the list of Best Law Firms in 2022 by the U.S. News & World Report, and we pride ourselves on our high case awards averages, with many cases topping $1 million or more.
We Are Nationally Awarded Lawyers
Find Expert Legal Representation In Colorado For Your Case
If you’re feeling overwhelmed with the prospect of filing a claim for a rideshare crash or other type of accident, reach out to Florin|Roebig for a free consultation.
We understand how Colorado state laws will affect your claim, and we know the best ways to present a solid case to fight for fair compensation.
Contact the Florin|Roebig legal team today to set up an appointment to discuss your claim.
