Imagine this: you’re heading home from downtown Colorado Springs after a fun night out with friends. Instead of driving, you made the smart choice and called an Uber. But then something terrible happens – your rideshare driver runs a red light and you’re in a serious accident. Now what?
If you’ve been injured in a rideshare accident in Colorado Springs, you’re probably feeling overwhelmed and confused about who’s responsible for your medical bills, lost wages, and pain and suffering. Trust me, you’re not alone in this confusion. Rideshare accidents create a unique legal puzzle that’s way more complicated than your typical car crash.
Here’s the thing – when you’re dealing with companies like Uber and Lyft, you’re not just going up against another driver’s insurance company. You’re potentially facing multi-billion dollar corporations with teams of lawyers whose job is to minimize payouts. That’s exactly why understanding your rights and the liability issues involved is so important.
Let’s break down something that confuses almost everyone: how insurance coverage works when you’re in an Uber or Lyft. It’s not as straightforward as you might think.
Think of rideshare insurance like a traffic light – it changes depending on what the driver is doing at the time of your accident.
Phase 1: App Off (Red Light)
When the driver’s app is completely off, they’re just like any other driver on the road. Only their personal auto insurance applies. Here’s the catch though – most personal insurance policies specifically exclude coverage when someone is driving for commercial purposes. So if you’re a passenger and the driver’s app is off, you might be dealing with very limited coverage.
Phase 2: App On, No Passenger (Yellow Light)
This is where things get tricky. The driver has the app on and is waiting for a ride request, but hasn’t picked anyone up yet. Both Uber and Lyft provide some coverage during this phase, but it’s pretty minimal – usually just liability coverage and no collision coverage for the driver’s vehicle.
Phase 3: Passenger in Vehicle (Green Light)
This is when you have the most protection. Once you’re in the vehicle (or the driver is heading to pick you up), Uber and Lyft’s full commercial insurance policies kick in. We’re talking about $1 million in liability coverage, plus uninsured/underinsured motorist coverage.
What This Means for Your Claim
The phase your driver was in during the accident completely changes how your claim gets handled. If you were a passenger during Phase 3, you’ve got access to that $1 million policy – which sounds great, right? But here’s what they don’t tell you: just because the coverage exists doesn’t mean the insurance company will pay out fairly without a fight.
Who’s Actually Responsible When Things Go Wrong?
This is where rideshare liability gets really messy. Unlike a traditional car accident where you’re usually dealing with two drivers and their insurance companies, rideshare accidents can involve multiple parties.
Obviously, if your Uber or Lyft driver caused the accident through negligence – speeding, texting, running a stop sign – they’re going to be liable for your injuries. But here’s something most people don’t realize: rideshare drivers are often driving more than the average person, sometimes for 10-12 hours a day. Driver fatigue is a real issue that we see in a lot of these cases.
When Uber or Lyft Might Be Liable
Now this is where it gets interesting. Uber and Lyft have spent millions of dollars and countless hours in court arguing that their drivers are independent contractors, not employees. Why? Because if drivers were employees, the companies would be liable for their actions under what’s called “respondeat superior” – basically, employers are responsible for what their employees do on the job.
But even though they’ve mostly won that battle, there are still situations where you might be able to hold Uber or Lyft directly responsible:
- Negligent hiring: If they failed to properly screen a driver who had a history of dangerous driving
- Negligent supervision: If they knew a driver was unsafe but kept them on the platform
- Vehicle maintenance issues: If the accident was caused by a mechanical failure that should have been caught during vehicle inspections
- App-related distractions: If the driver was following GPS directions from the app that were confusing or dangerous
Third-Party Liability
Don’t forget – sometimes the rideshare driver isn’t at fault at all. Maybe another driver ran a red light and hit your Uber. In that case, you’d be going after the at-fault driver’s insurance company. But you might also have a claim against your rideshare company’s uninsured/underinsured motorist coverage if the other driver doesn’t have enough insurance to cover your damages.
Common Challenges You’ll Face
Let me be honest with you – rideshare accident claims are tough. I’ve seen insurance companies use every trick in the book to avoid paying fair compensation. Here are the biggest challenges you’re likely to face:
The “Independent Contractor” Shield
Uber and Lyft will almost always try to distance themselves from any liability by pointing out that their drivers are independent contractors. They’ll argue that they’re just a technology platform connecting riders with drivers, not a transportation company. Don’t let this discourage you – there are still ways to hold them accountable.
Multiple Insurance Companies Playing Hot Potato
You might find yourself dealing with three or four different insurance companies, each one trying to pass the buck to someone else. The rideshare company’s insurer might say the driver’s personal insurance should pay. The driver’s personal insurer might say their policy doesn’t cover commercial activities. Meanwhile, you’re stuck in the middle with mounting medical bills.
Insufficient Coverage Issues
Here’s something that might surprise you: even with Uber and Lyft’s $1 million policies, it’s not always enough. If you’ve suffered a traumatic brain injury, spinal cord damage, or other catastrophic injuries, your damages could easily exceed $1 million. That’s when having an experienced attorney becomes absolutely essential.
The Pressure to Settle Quickly
Insurance companies love to make quick, lowball settlement offers, especially when they know you’re dealing with medical bills and lost wages. They’re counting on you being desperate enough to take whatever they offer. Don’t fall for it. Most serious injuries take months or even years to fully understand, and you can’t go back and ask for more money once you’ve settled.
As a passenger in a rideshare vehicle, you have certain rights that you need to know about. Unfortunately, most people don’t understand these rights until after they’ve been injured.
Right to Medical Coverage
Both Uber and Lyft carry what’s called “Personal Injury Protection” or PIP coverage. This means that regardless of who caused the accident, you should have access to immediate medical coverage for your injuries. Don’t let anyone tell you that you have to wait until fault is determined to get medical treatment.
Right to Fair Compensation
You’re entitled to compensation for all of your damages, including:
- Medical expenses (both current and future)
- Lost wages and loss of earning capacity
- Pain and suffering
- Emotional distress
- Permanent disability or disfigurement
Right to Legal Representation
You have the absolute right to hire an attorney to represent your interests. Don’t let insurance companies tell you that you don’t need a lawyer or that hiring one will delay your claim. That’s complete nonsense designed to keep you from protecting your rights.
Colorado-Specific Laws and Regulations
Colorado has some specific laws and regulations that affect rideshare accidents, and honestly, they’re pretty favorable to injured passengers compared to some other states.
Colorado requires rideshare companies to carry specific insurance coverage during different phases of operation. The state was actually one of the first to pass detailed rideshare insurance legislation back in 2014, which was updated in 2016.
During Phase 1 (app off), drivers must carry Colorado’s minimum insurance requirements:
- $25,000 for bodily injury per person
- $50,000 for bodily injury per accident
- $15,000 for property damage
During Phase 2 (app on, no passenger), rideshare companies must provide:
- $50,000 for bodily injury per person
- $100,000 for bodily injury per accident
- $30,000 for property damage
During Phase 3 (passenger in vehicle), companies must provide:
- $1,000,000 for bodily injury and property damage
- $1,000,000 for uninsured/underinsured motorist coverage
Colorado’s Comparative Negligence Law
Colorado follows what’s called “modified comparative negligence.” This means that even if you were partially at fault for the accident (maybe you distracted the driver or weren’t wearing a seatbelt), you can still recover damages as long as you weren’t more than 50% at fault. Your recovery will just be reduced by your percentage of fault.
Statute of Limitations
In Colorado, you generally have three years from the date of the accident to file a personal injury lawsuit. But don’t wait until the last minute – evidence disappears, witnesses forget details, and your case gets harder to prove as time goes on.
If you’re ever in a rideshare accident, here’s exactly what you need to do. I’m going to give you a step-by-step checklist because in the chaos after an accident, it’s easy to forget important steps.
At the Scene
1. Get Medical Attention First
Your health is more important than anything else. Even if you feel okay, get checked out by paramedics. Adrenaline can mask serious injuries, and having medical documentation from the scene helps your case later.
2. Call the Police
Always call 911, even for minor accidents. You need an official police report. When the officer arrives, make sure they know this was a rideshare vehicle and get the report number.
3. Document Everything
Take photos of:
- All vehicles involved
- The accident scene
- Your injuries (even if they seem minor)
- Street signs and traffic signals
- Skid marks or debris
4. Get Information
Collect information from:
- The rideshare driver (name, license number, insurance info)
- Other drivers involved
- Witnesses (names and phone numbers)
- The rideshare company (was it Uber, Lyft, or another service?)
5. Don’t Admit Fault
This is huge. Don’t say things like “I’m sorry” or “I should have been paying attention.” Just stick to the facts about what happened.
In the Days Following
1. Seek Medical Treatment
Even if you felt okay at the scene, see a doctor within a few days. Some injuries, especially soft tissue injuries, don’t show symptoms immediately.
2. Keep Detailed Records
Start a file with:
- Medical records and bills
- Photos of your injuries as they develop
- A daily journal of your pain and limitations
- Records of missed work
- Any correspondence with insurance companies
3. Report the Accident
Contact both the rideshare company and your own insurance company to report the accident. But be careful about giving recorded statements – more on that in a minute.
4. Don’t Sign Anything
Insurance companies might try to get you to sign medical releases or settlement agreements quickly. Don’t sign anything without having a lawyer review it first.
Dealing with Insurance Companies
Here’s something I want you to understand: insurance companies are businesses, and their goal is to pay out as little as possible on claims. That doesn’t make them evil, but it does mean their interests aren’t aligned with yours.
The Recorded Statement Trap
One of the first things an insurance adjuster will ask for is a recorded statement. They’ll make it sound routine and necessary, but here’s the truth – you’re not required to give one (except to your own insurance company, and even then, you can have a lawyer present).
These recorded statements are often used against you later. The adjuster might ask leading questions or try to get you to speculate about things you don’t know. If you do decide to give a statement, keep it short and stick to the basic facts.
Medical Records Releases
Insurance companies will ask you to sign broad medical releases that give them access to your entire medical history. Don’t do it. They’re looking for any pre-existing condition they can blame for your current injuries. If they need specific medical records related to your accident, your lawyer can provide those.
The Quick Settlement Offer
Don’t be surprised if you get a settlement offer within days or weeks of your accident. These early offers are almost always far less than what your claim is actually worth. The insurance company is hoping you’ll take quick money before you understand the full extent of your injuries.
Building a Strong Case
If you want to maximize your recovery, you need to build a strong case from day one. Here’s what that looks like:
Medical Documentation
Your medical records are the foundation of your case. Make sure you:
- Follow all of your doctor’s recommendations
- Keep all medical appointments
- Be honest with your healthcare providers about your pain and limitations
- Get referrals to specialists if needed
Expert Witnesses
In serious cases, you might need expert witnesses to help prove your case:
- Accident reconstruction experts can show how the accident happened
- Medical experts can explain your injuries and future medical needs
- Economic experts can calculate your lost earning capacity
- Life care planners can estimate the cost of future care for catastrophic injuries
Preserving Evidence
Evidence has a way of disappearing after accidents. Your lawyer should immediately send what’s called a “spoliation letter” to preserve:
- The rideshare company’s records of the trip
- The driver’s phone records
- Vehicle maintenance records
- Surveillance video from nearby businesses
- The rideshare vehicle’s “black box” data
Types of Damages You Can Recover
When you’re injured in a rideshare accident, you’re entitled to compensation for all of your damages. Let me break down the different types:
Economic Damages
These are your out-of-pocket losses that can be calculated with receipts and documentation:
Medical Expenses: This includes everything from ambulance rides to surgery to physical therapy. Don’t forget about future medical expenses – if you’ll need ongoing treatment or surgery down the road, that should be included in your settlement.
Lost Wages: If you missed work because of your injuries, you can recover those lost wages. But it’s not just about the time you’ve already missed – if your injuries affect your ability to earn money in the future, that’s compensable too.
Property Damage: If your personal belongings were damaged in the accident (phone, laptop, jewelry), you can recover the cost to repair or replace them.
Non-Economic Damages
These are harder to calculate because they don’t come with receipts, but they’re just as real:
Pain and Suffering: This covers the physical pain and discomfort you’ve experienced and will continue to experience because of your injuries.
Emotional Distress: Many accident victims develop anxiety, depression, or PTSD after a traumatic accident. This is compensable.
Loss of Enjoyment of Life: If your injuries prevent you from enjoying activities you used to love – playing sports, gardening, playing with your kids – you can be compensated for that loss.
Disfigurement and Disability: Permanent scars, limb loss, or other permanent disabilities have their own value separate from your medical expenses.
Punitive Damages
In rare cases involving particularly egregious conduct (like a drunk driving accident), you might be entitled to punitive damages designed to punish the wrongdoer and deter similar conduct.
When You Need a Lawyer
I’m not going to tell you that every rideshare accident requires a lawyer, but most serious ones do. Here are some situations where you definitely need legal representation:
Serious Injuries
If you’ve suffered broken bones, head injuries, spinal injuries, or any injury requiring surgery or extended medical treatment, don’t try to handle the claim yourself. The insurance companies will have experienced lawyers and adjusters working against you.
Disputed Liability
If there’s any question about who caused the accident, you need a lawyer. Insurance companies love to point fingers at each other while you’re left without compensation.
Multiple Parties
When you’re dealing with multiple drivers, multiple insurance companies, and a rideshare company, the complexity increases exponentially. You need someone who understands how to coordinate claims against multiple defendants.
Inadequate Insurance Coverage
If the total insurance coverage isn’t enough to fully compensate you for your injuries, an experienced lawyer can explore other sources of recovery and make sure you’re getting everything you’re entitled to.
Bad Faith Insurance Practices
If an insurance company is dragging their feet, making unreasonable settlement offers, or outright denying a valid claim, you might have a bad faith claim in addition to your underlying injury claim.
Choosing the Right Attorney
Not all personal injury lawyers are created equal, and rideshare cases require specific experience and knowledge. Here’s what to look for:
Make sure your lawyer has actually handled rideshare accident cases before. The insurance coverage issues and liability questions are unique, and you want someone who’s been down this road before.
Resources to Handle Complex Cases
Rideshare cases often require significant upfront costs for expert witnesses, accident reconstruction, and medical experts. Make sure your lawyer has the resources to properly prepare your case.
Trial Experience
Most cases settle, but insurance companies pay more when they know your lawyer isn’t afraid to go to trial. Ask about the lawyer’s trial experience and recent verdicts.
Local Knowledge
Laws vary from state to state, and local knowledge matters. You want a lawyer who knows Colorado law and has relationships with local medical experts and other professionals who can help your case.
At McCormick & Murphy P.C., we’ve been handling complex personal injury cases in Colorado Springs for over 25 years. We understand the unique challenges that rideshare accident victims face, and we have the experience and resources to take on the big insurance companies. You can find us at 929 W Colorado Ave, and we handle most personal injury claims on a contingent fee basis – meaning you don’t pay attorney fees unless we recover money for you.
The Settlement Process
Most rideshare accident cases settle out of court, but that doesn’t mean the process is quick or easy. Here’s what you can expect:
Initial Investigation
Your lawyer will start by conducting a thorough investigation of your accident. This includes getting the police report, interviewing witnesses, obtaining your medical records, and sending preservation letters to make sure important evidence doesn’t get destroyed.
Medical Treatment and Documentation
While the investigation is ongoing, you’ll be focused on getting better. It’s important that you follow all of your doctor’s recommendations and keep detailed records of your treatment and how your injuries affect your daily life.
Demand Package
Once you’ve reached what’s called “maximum medical improvement” – meaning you’re as good as you’re going to get – your lawyer will put together a detailed presentation of your case. This includes all of your medical records, wage loss documentation, expert reports, and a detailed explanation of why you’re entitled to compensation.
Negotiations
The insurance company will respond to your demand with a counteroffer (usually much lower than what you asked for). Then begins the back-and-forth negotiation process. This can take weeks or months, depending on the complexity of your case and how reasonable the insurance company is being.
Mediation
If settlement negotiations aren’t progressing, your lawyer might suggest mediation. This is where a neutral third party (the mediator) helps both sides try to reach an agreement. Mediation is non-binding, but it’s successful in resolving most cases.
Litigation
If all else fails, your lawyer will file a lawsuit. Even after a lawsuit is filed, most cases still settle before trial. But having a lawsuit pending gives your lawyer more tools to obtain evidence and puts pressure on the insurance company to be reasonable.
What Your Case Might Be Worth
This is probably the question I get asked most often, and it’s also the hardest one to answer. Every case is different, and the value depends on many factors:
Factors That Increase Value
- Severity of injuries: More serious injuries generally result in higher settlements
- Clear liability: If it’s obvious the other party was at fault, your case is worth more
- Young age: Younger victims typically receive higher settlements because they have more years of life affected by their injuries
- High income: If you make good money, your lost wage claim will be higher
- Permanent disability: Injuries that permanently affect your ability to work or enjoy life are worth more
Factors That Decrease Value
- Pre-existing injuries: If you had similar injuries before the accident, it can reduce your recovery
- Gaps in treatment: If you don’t follow your doctor’s recommendations or miss appointments, it hurts your case
- Contributory negligence: If you were partially at fault, your recovery will be reduced
- Limited insurance coverage: You can’t get blood from a stone – if there’s not enough insurance coverage, it limits your recovery
Typical Settlement Ranges
I hate to give ranges because every case is so different, but here’s what I typically see in Colorado Springs rideshare accident cases:
- Minor injuries (sprains, strains, minor cuts): $3,000 – $15,000
- Moderate injuries (broken bones, herniated discs): $15,000 – $100,000
- Serious injuries (surgery required, permanent disability): $100,000 – $500,000
- Catastrophic injuries (traumatic brain injury, spinal cord injury): $500,000+
Remember, these are just rough ranges. I’ve seen minor injury cases settle for more than some serious injury cases, depending on the specific circumstances.
Recent Changes and Trends
The rideshare industry is constantly evolving, and so are the legal issues surrounding rideshare accidents. Here are some recent trends I’ve been watching:
Increased Safety Features
Both Uber and Lyft have been adding safety features to their apps in response to accidents and safety concerns. These include:
- Real-time GPS tracking
- Emergency buttons that connect riders to 911
- Two-way rating systems
- Background checks for drivers
While these features are great for prevention, they also create more electronic evidence that can be helpful in accident cases.
Legislative Changes
Colorado and other states continue to refine their rideshare insurance requirements. In 2024, there’s been discussion about requiring higher insurance limits during all phases of rideshare operation, not just when passengers are in the vehicle.
Autonomous Vehicle Testing
Both Uber and Lyft are testing autonomous vehicles, which creates a whole new set of liability issues. If a self-driving rideshare vehicle causes an accident, who’s liable – the rideshare company, the software manufacturer, or the vehicle manufacturer? These questions are still being worked out in courts across the country.
Insurance Bad Faith Issues
Sometimes, insurance companies don’t play fair. When an insurance company unreasonably denies a valid claim or fails to properly investigate an accident, they might be acting in bad faith. This is an area where McCormick & Murphy P.C. has particular expertise – we’ve been handling insurance bad faith cases for decades.
Signs of Bad Faith
Watch out for these red flags:
- Unreasonable delays in processing your claim
- Denial of your claim without proper investigation
- Offering unreasonably low settlement amounts
- Requesting unnecessary documentation repeatedly
- Failing to communicate with you about your claim status
What You Can Do
If you suspect bad faith, document everything. Keep records of all communications with the insurance company, including dates, times, and the names of people you spoke with. In Colorado, insurance companies have a duty to deal with claims in good faith, and if they don’t, you might be entitled to additional damages beyond your original claim.
The Emotional Impact
Let’s talk about something that doesn’t get discussed enough – the emotional impact of being in a rideshare accident. Beyond the physical injuries, many victims experience anxiety, depression, and post-traumatic stress.
Common Emotional Reactions
It’s completely normal to experience:
- Fear of riding in vehicles
- Anxiety about being a passenger
- Difficulty sleeping
- Depression
- Mood swings
- Difficulty concentrating
Getting Help
Don’t try to tough it out. Mental health treatment is just as important as physical treatment, and it’s covered by the same insurance that pays for your medical bills. Many of my clients have found therapy helpful, not just for dealing with the trauma of the accident, but also for coping with the stress of the legal process.
If you’re struggling with PTSD or other emotional issues after your accident, don’t hesitate to seek professional help. It’s not a sign of weakness – it’s a smart step toward getting your life back on track.
Preventing Future Accidents
While we can’t prevent all accidents, there are things you can do to stay safer when using rideshare services:
Before Getting In
- Check that the license plate matches what’s shown in the app
- Make sure the driver knows your name before you get in
- Sit in the back seat when riding alone
- Share your trip details with a friend or family member
During the Ride
- Wear your seatbelt (it’s required by law in Colorado)
- Speak up if the driver is driving unsafely
- Don’t distract the driver unnecessarily
- Trust your instincts – if something doesn’t feel right, ask to be let out
After the Ride
- Rate your driver honestly in the app
- Report any safety concerns to the rideshare company
- Keep receipts for business travel
I want to make sure you understand why rideshare accident cases are more complex than regular car accidents. It’s not just about having different insurance coverage – though that’s part of it.
Technology Evidence
Rideshare companies collect massive amounts of data about every trip. This includes GPS tracking, speed data, braking patterns, and even audio recordings in some cases. This evidence can be incredibly helpful in proving your case, but it can also disappear quickly if it’s not preserved properly.
Corporate Defendants
When you’re going up against Uber or Lyft, you’re dealing with companies that have virtually unlimited resources to defend claims. They have teams of lawyers, investigators, and experts whose full-time job is to minimize payouts. That’s why having an experienced attorney on your side is so important.
Regulatory Complexity
Rideshare companies operate in a gray area between traditional taxis and private vehicles. They’re subject to some regulations but not others, and this regulatory complexity can affect liability and insurance coverage issues.
Working with McCormick & Murphy P.C.
If you’ve been injured in a rideshare accident in Colorado Springs, I want you to know that you don’t have to face this alone. At McCormick & Murphy P.C., we’ve been helping accident victims for over 25 years, and we understand the unique challenges that rideshare accidents present.
Our Approach
We believe in treating our clients like family, not case numbers. When you work with us, you’ll have direct access to your attorney – not just a paralegal or assistant. We’ll explain the legal process in plain English and keep you informed every step of the way.
Our Experience
Kirk McCormick and Jay Murphy have over 60 years of combined experience handling personal injury cases. We’ve been admitted to practice in Colorado state and federal courts, and we have the resources and expertise to take on the big insurance companies and rideshare corporations.
No Fee Unless We Win
We handle most personal injury cases on a contingent fee basis, which means you don’t pay attorney fees unless we recover money for you. If there’s no recovery through settlement or judgment, there’s no fee. This allows you to get quality legal representation without worrying about upfront costs.
You can check out our professional credentials and client reviews to see what other clients have said about working with us.
Taking Action
If you’ve been injured in a rideshare accident, time is not on your side. Evidence disappears, witnesses forget details, and insurance companies start building their defense immediately. The sooner you get experienced legal help, the better your chances of obtaining fair compensation.
What to Do Right Now
- Get medical attention if you haven’t already
- Gather and preserve evidence from the accident
- Don’t give recorded statements to insurance companies
- Don’t sign any documents without legal review
- Contact an experienced rideshare accident attorney
Questions to Ask Any Lawyer
When you’re choosing a lawyer for your rideshare accident case, here are some important questions to ask:
- How many rideshare accident cases have you handled?
- What was the outcome of those cases?
- Do you have the resources to take my case to trial if necessary?
- How will you communicate with me throughout the process?
- What’s your fee structure?
Don’t Wait
Remember, Colorado has a three-year statute of limitations for personal injury cases, but don’t wait until the last minute. The best time to start building your case is right now, while the evidence is fresh and witnesses remember what happened.
Moving Forward
Being injured in a rideshare accident can turn your life upside down. Between dealing with injuries, medical bills, insurance companies, and lost wages, it’s easy to feel overwhelmed. But you don’t have to go through this alone.
The most important thing to remember is that you have rights, and there are people who can help you protect those rights. Whether you choose to work with McCormick & Murphy P.C. or another qualified attorney, the key is to get experienced legal help as soon as possible.
Rideshare accidents are complex, but they’re not impossible to win. With the right legal team on your side, you can focus on getting better while we focus on getting you the compensation you deserve.
If you’re ready to take the next step, give us a call at (719) 800-9407. We offer free consultations for rideshare accident cases, and we’re here to answer your questions and help you understand your options. You can also visit us at our office at 929 W Colorado Ave in Colorado Springs – we’re easy to find and there’s plenty of parking.
Don’t let the insurance companies take advantage of you. You deserve fair compensation for your injuries, and we’re here to help you get it. The consultation is free, there’s no obligation, and remember – we don’t get paid unless you do.
Your recovery starts with understanding your rights and taking action to protect them. Let us help you get your life back on track.
