The rise of rideshare services like Uber and Lyft has led to an increase in rideshare accidents and, consequently, a surge in legal claims. This is because car accidents involving such rides have increased massively. However, you also need to know the red flags that could hurt your rideshare accident lawsuit if you wish to succeed with them..
If you’ve been injured in a Lyft accident or Uber accident, securing maximum compensation for your medical expenses, and other costs matters. You need to get coverage for lost wages, property damage, and more from the Uber driver or the Lyft representative.
Red Flags That Could Hurt Your Rideshare Accident Lawsuit
Unfortunately, there are significant red flags that could weaken your case and reduce your fair settlement. Understanding these legal, technical, and procedural pitfalls is essential to ensuring a successful claim. Here’s a quick look at the most common ones for your reference:
1. Misclassification of Liability in a Rideshare Accident
Determining who is liable in a rideshare accident is complex. Rideshare companies classify their drivers as independent contractors, not employees, allowing them to deny liability in many cases. If your legal team doesn’t correctly navigate this misclassification loophole, you might find yourself pursuing compensation only from the driver’s personal insurance, which might not fully cover your losses.
Technical Risk:
Uber and Lyft maintain a tiered insurance policy:
- Period 0: The driver is offline (only personal insurance applies).
- Period 1: The driver is online but hasn’t accepted a ride (limited liability coverage).
- Periods 2 & 3: The driver has accepted a ride request or is transporting a passenger (higher liability coverage).
Failing to identify which insurance policy applies to your case could lead to a denied claim or reduced further compensation.
2. Inadequate Digital Evidence Collection
In today’s legal landscape, digital evidence is just as important as physical evidence. Failing to obtain or preserve key digital records, such as:
- GPS data from the rideshare app
- Time-stamped ride request logs
- Driver’s ride history
- Phone usage data (to prove distracted driving)
could significantly weaken your case. Insurance companies often contest claims by arguing there is no clear liability. If these digital records are not retrieved promptly, crucial proof of negligence could be lost.
3. Misinterpretation of Insurance Coverage Terms
Insurance adjusters often exploit technical loopholes to minimize payouts. Common insurance policy pitfalls include:
- Exclusions in personal insurance policies: Many rideshare drivers’ personal insurance policies explicitly exclude coverage while driving for Uber or Lyft.
- Gaps in rideshare company coverage: If a driver is between fares, insurance details might be ambiguous, leaving you stuck between two insurers pointing fingers.
- Misrepresentation of commercial policies: Some Uber or Lyft drivers may use fake commercial policies that don’t actually provide coverage in case of an accident.
A personal injury lawyer well-versed in rideshare insurance intricacies can help you counter these tactics.
4. Failing to Investigate Negligent Hiring or Insufficient Background Checks
If your accident was caused by a rideshare driver, the company’s hiring process can be a significant factor. Negligent hiring can make Uber or Lyft liable if they fail to conduct thorough background checks.
Red flags in hiring include:
- Lack of extensive criminal history screening
- Approval of drivers with prior DUI charges or reckless driving violations
- Overlooking drivers with excessive accident records
If your personal injury attorney fails to subpoena hiring records or safety audits, you may miss an opportunity to hold Uber or Lyft accountable for their lax hiring policies.
5. Overlooking Third-Party Negligence & Municipal Liability
In complex rideshare accidents, other liable parties besides the rideshare driver might be involved. Third-party negligence can significantly impact your personal injury claim.
Potentially liable parties include:
- A negligent third-party driver who caused the crash.
- The vehicle manufacturer if mechanical failure was a factor.
- Local municipalities responsible for unsafe road conditions, malfunctioning traffic lights, or poorly designed intersections.
A rideshare accident lawsuit that only targets Uber or Lyft without investigating municipal infrastructure issues or product defects might result in an incomplete claim.
6. Accepting a Settlement Without Conducting a True Value Analysis
Many injured victims accept settlement offers without considering the true value of their damages. Insurance companies often make lowball offers early in the claims process, knowing that victims might accept a payout due to financial stress.
A proper true value analysis should consider:
- Future medical bills (including physical therapy and surgeries)
- Non-economic damages, such as pain and suffering
- Long-term disability implications
- Wrongful death claims in fatal accidents
In some cases, there’s sexual harassment involved in the settlement, which can skyrocket the deserved amount. Nonetheless, Without a comprehensive assessment, you risk settling for far less than what you deserve.
7. Inconsistent Medical Records and Lack of Proper Diagnosis
Medical documentation plays a crucial role in personal injury cases. Inconsistent medical expenses or failure to follow a treatment plan can weaken your case.
Common red flags include:
- Gaps in medical treatment that insurers use to argue that injuries were not severe.
- Lack of diagnostic imaging (MRIs, CT scans) to support bodily injury claims.
- Contradictory statements in medical records that suggest pre-existing conditions.
A personal injury lawyer can work with medical experts to establish a direct link between the accident and your injuries, ensuring that you receive maximum compensation.
8. Disregarding Expert Testimony in High-Stakes Cases
In complex rideshare accident lawsuits, expert testimony can be a decisive factor in proving liability. Failing to bring in experts, such as:
- Accident reconstruction specialists
- Biomechanical engineers to explain injury causation
- Forensic economists to quantify lost wages and future earnings
can significantly weaken your legal standing, making it easier for insurers to dispute your claim. trying to survive on your own in such cases is one of the top 10 myths regarding rideshare accidents.
9. Unfamiliarity with Local Rideshare Regulations
Each state has different laws governing rideshare vehicles and insurance coverage. If your attorney isn’t familiar with:
- State-mandated insurance limits for Uber and Lyft
- Rideshare-specific municipal regulations
- How state bar guidelines affect legal proceedings
your case might be vulnerable to technical dismissals or procedural errors that delay compensation.
10. Underestimating the Role of Insurance Adjusters’ Strategies
Insurance adjusters are trained negotiators who use psychological and procedural tactics to minimize payouts. Some of the most common strategies include:
- “Pre-existing condition” arguments to deny claims.
- Surveillance and social media monitoring to find evidence that contradicts your injuries.
- Delay tactics to pressure you into a low settlement due to financial strain.
Working with a personal injury lawyer who understands these strategies is key to countering insurance company tactics.
Conclusion
A rideshare accident lawsuit is more than just filing a claim—it’s a complex legal battle requiring strategic planning and technical expertise. Avoiding these advanced red flags can mean the difference between a fair settlement and walking away with insufficient compensation.
If you’ve been injured in an Uber or Lyft accident, seeking legal representation on a contingency fee basis ensures that you have experienced legal community professionals fighting for your rights without upfront legal fees.
Don’t let critical insurance details or procedural missteps cost you your rightful compensation—contact a rideshare accident attorney at Bourassa Law Group for a free consultation today. We will help you get the coverage and justice you deserve.
1-800-870-8910