You’re rushing to catch a flight at DIA, hop into an Uber, and before you know it, you’re staring at the twisted metal of what used to be your ride. Or maybe you’re driving home from work when a distracted Lyft driver plows into your car. Sound familiar? You’re definitely not alone.
Denver’s rideshare scene has exploded over the past few years. I mean, who hasn’t used Uber or Lyft to avoid dealing with downtown parking or getting home safely after a night out? But here’s the thing nobody talks about until it’s too late – when accidents happen with rideshare vehicles, figuring out who’s responsible can be more complicated than solving a Rubik’s cube blindfolded.
I’ve been watching this whole rideshare liability mess unfold in Denver, and let me tell you, it’s confusing as heck. The laws are still catching up to the technology, insurance companies are playing hot potato with claims, and regular folks like you and me are getting caught in the middle. That’s exactly why I wanted to break this whole thing down for you.
Denver isn’t just any city when it comes to rideshare accidents. We’ve got some unique challenges that make the whole liability question even trickier. First off, our weather can be absolutely brutal. One minute it’s sunny, the next you’re dealing with a surprise hailstorm or black ice that would make a hockey rink jealous.
Then there’s our traffic patterns. Anyone who’s tried to get from Capitol Hill to the Tech Center during rush hour knows what I’m talking about. Add in all the construction on I-25 (seriously, when will that ever end?), and you’ve got a recipe for accidents waiting to happen.
But here’s where it gets really interesting – Colorado actually has some pretty specific laws about rideshare companies and their responsibilities. We’re not just winging it like some states were in the early days of Uber and Lyft. The Colorado Public Utilities Commission stepped in and said, “Hey, if you’re going to operate here, you need to follow these rules.”
The problem is, even with these rules, accidents still happen, and when they do, sorting out who pays for what can turn into a real nightmare. I’ve seen cases where someone’s been going back and forth with insurance companies for months, just trying to get their medical bills covered.
Here’s something that’ll blow your mind – a rideshare driver isn’t always covered the same way. It depends on what they’re doing when the accident happens. Think of it like a traffic light with three different colors, each with its own set of rules.
When the App is Off (Personal Time)
Let’s say your Uber driver just finished dropping someone off and decides to grab a coffee before heading home. They turn off the app and – boom – rear-end someone at a red light. In this situation, their personal car insurance is supposed to handle everything. The rideshare company? They’re basically saying, “Not our problem, buddy.”
This is where things can get messy fast. A lot of personal car insurance policies have exclusions for commercial use. So if the driver’s insurance company finds out they drive for Uber or Lyft, they might try to deny the claim. It’s like a game of musical chairs, except nobody wants to sit down.
App On, But No Ride Request (Waiting Mode)
Now here’s where it gets interesting. The driver has the app on and is cruising around downtown Denver, maybe driving down 16th Street Mall, waiting for a ping. They’re technically working, but they don’t have a passenger yet.
In Colorado, rideshare companies are required to provide some coverage during this period, but it’s pretty minimal – we’re talking about $50,000 per person for bodily injury, $100,000 per accident, and $30,000 for property damage. That might sound like a lot, but trust me, medical bills and car repairs add up fast. If you’re seriously injured, that coverage could disappear quicker than a parking spot at Red Rocks.
Passenger on Board or En Route (Full Coverage)
This is when rideshare companies actually step up to the plate. When a driver has accepted a ride request and is either picking up or transporting a passenger, both Uber and Lyft provide much more substantial coverage – we’re talking $1 million in liability coverage.
But even here, there are gotchas. The rideshare company’s insurance is typically secondary to the driver’s personal insurance. So if the driver’s personal policy covers the accident, that gets used first. It’s only when the personal insurance isn’t enough or doesn’t apply that the big rideshare policy kicks in.
Colorado didn’t just let Uber and Lyft waltz into the state without setting some ground rules. The state legislature passed specific laws requiring Transportation Network Companies (that’s the fancy legal term for rideshare companies) to carry insurance coverage.
Here’s what the law requires:
Period 1 (App on, no ride):
- $50,000 per person for bodily injury
- $100,000 per accident for bodily injury
- $30,000 for property damage
Period 2 & 3 (Ride accepted through completion):
- $1,000,000 for bodily injury and property damage
- $1,000,000 for uninsured/underinsured motorist coverage
Sounds pretty good on paper, right? But here’s the reality check – these are minimum requirements. And when you’re dealing with serious injuries, especially in a city where medical costs keep climbing, a million dollars might not be enough to cover everything.
I’ve seen cases where someone needed multiple surgeries, months of physical therapy, and had to take time off work. By the time you add up all the medical bills, lost wages, and pain and suffering, you’re looking at numbers that can easily exceed what’s available through insurance.
The Insurance Company Shuffle
Here’s what usually happens after a rideshare accident in Denver. You’re injured, your car’s totaled, and you need answers. So you start making phone calls, and this is where the fun begins.
First, you call your own insurance company. They might cover some things, but if the rideshare driver was at fault, they’re going to want to get reimbursed by someone else’s insurance. So they point you toward the rideshare driver’s personal insurance.
You call the driver’s insurance company. They look at the claim, see that the driver was working for Uber or Lyft, and say, “Sorry, commercial activity isn’t covered under this policy. You need to call the rideshare company.”
So you call Uber or Lyft’s insurance. They ask a million questions about exactly what the driver was doing when the accident happened. Were they logged into the app? Did they have a passenger? Were they en route to pick someone up? Depending on your answers, they might say their coverage doesn’t apply or only partially applies.
Meanwhile, you’re getting bills from the hospital, the tow truck company wants to know what to do with your car, and you can’t get to work because you don’t have transportation. It’s enough to make anyone want to pull their hair out.
This is exactly why having an experienced attorney who understands rideshare accidents can make such a huge difference. At McCormick & Murphy, P.C., we’ve been dealing with these kinds of complex insurance issues since 1995. We know all the tricks insurance companies use to avoid paying claims, and we’re not afraid to fight for what you deserve.
Being a passenger in a rideshare accident is particularly frustrating because you have absolutely no control over what happens, but you’re the one dealing with the consequences. Let me walk you through what your options look like.
The good news is that as a passenger, you’re generally in a better position than if you were driving. You can’t be held responsible for the accident (unless you did something crazy like grab the steering wheel), so you’re looking at the driver’s insurance, the rideshare company’s insurance, or the other driver’s insurance if they caused the accident.
If your Uber or Lyft driver caused the accident, you’re looking at that $1 million policy I mentioned earlier. But don’t think you can just call up Uber and they’ll cut you a check. These companies have teams of lawyers and investigators whose job is to minimize what they pay out.
When Another Driver Causes the Accident
This scenario is actually pretty common. You’re in an Uber heading to dinner in LoDo when someone runs a red light and T-bones your ride. In this case, the at-fault driver’s insurance should be the primary source of compensation. But what if they don’t have enough insurance? Or what if they don’t have any insurance at all?
This is where the rideshare company’s uninsured/underinsured motorist coverage comes into play. Remember that $1 million policy? Part of that is specifically for situations where the other driver can’t fully compensate you for your injuries.
The Complexity of Multiple Insurance Policies
Here’s where things get really complicated. In a rideshare accident, you might have several different insurance policies that could potentially apply:
- Your own health insurance (for medical bills)
- Your own auto insurance (if you have medical payments or personal injury protection)
- The rideshare driver’s personal auto insurance
- The rideshare company’s insurance
- The other driver’s auto insurance (if they were at fault)
Each of these insurance companies is going to try to minimize their own exposure and maximize what the others pay. It’s like watching a bunch of kids argue about who has to clean up a mess – except the mess is your medical bills and lost wages.
Uber vs. Lyft: Are There Differences in Coverage?
You might be wondering if it matters whether you were in an Uber or a Lyft when the accident happened. The short answer is: not really, but there are some subtle differences worth knowing about.
Coverage Amounts
Both Uber and Lyft meet Colorado’s minimum insurance requirements, and both provide $1 million in coverage during active rides. Where they sometimes differ is in how quickly they respond to claims and how they handle the claims process.
Claims Handling
From what I’ve observed, Uber tends to have a more streamlined claims process, but that doesn’t necessarily mean they’re more generous with settlements. Lyft can sometimes be slower to respond initially, but they might be more willing to negotiate.
Here’s the thing though – these companies change their policies and procedures regularly. What was true six months ago might not be true today. That’s why it’s so important to have someone on your side who stays up to date on all these changes.
Driver Requirements
Both companies require their drivers to maintain personal auto insurance, but the requirements can vary slightly. More importantly, both companies run background checks and monitor driving records, but accidents still happen.
The reality is that most rideshare drivers are just regular people trying to make some extra money. They’re not professional drivers with years of training. They might be tired after working their day job, distracted by the app’s navigation, or unfamiliar with Denver’s streets. All of these factors can contribute to accidents.
If you find yourself in a rideshare accident, the first few minutes and hours are absolutely critical. Here’s what you need to do, step by step:
Priority One: Safety and Medical Attention
Before you worry about insurance or liability, make sure everyone is safe. If anyone is injured, call 911 immediately. Don’t try to tough it out or assume you’re fine just because you’re walking around. Adrenaline can mask serious injuries, and some problems don’t show up until hours or days later.
I can’t tell you how many times I’ve heard someone say, “I felt fine at the scene, but the next morning I could barely get out of bed.” That’s completely normal, and it’s why you should always get checked out by a medical professional, even if you think you’re okay.
Document Everything
If you’re able to do so safely, start documenting the scene. Take photos of:
- All vehicles involved
- The accident scene from multiple angles
- Street signs and traffic signals
- Any skid marks or debris
- Visible injuries
- The rideshare driver’s license and insurance card
- The rideshare vehicle’s license plate and any company stickers or signs
Also, take screenshots of your rideshare app showing your trip details. This information can be super important later when insurance companies start asking questions about exactly what happened and when.
Get Information from Everyone
Make sure you get contact information from:
- The rideshare driver
- Any other drivers involved
- Witnesses
- Passengers in other vehicles
Don’t just rely on the police report to have all this information. Sometimes witnesses leave before the police arrive, or contact information gets recorded incorrectly.
Call the Police
Even if the accident seems minor, you want a police report. This creates an official record of what happened, and it can be invaluable when dealing with insurance companies later. In Denver, you’re required to report any accident that involves injury, death, or property damage over $1,000.
Both Uber and Lyft have processes for reporting accidents through their apps. Do this as soon as possible, but don’t feel pressured to give a detailed statement right away. You can report the accident and then take time to figure out exactly what happened.
Contact Your Insurance Company
Even if you weren’t driving, your own insurance company needs to know about the accident. Your health insurance might cover immediate medical expenses, and if you have medical payments coverage on your auto policy, that might apply too.
Don’t Admit Fault or Sign Anything
This might seem obvious, but when you’re shaken up after an accident, it’s easy to say things like “I’m sorry” or “I should have been paying more attention.” These statements can be used against you later, even if you were just being polite.
Similarly, don’t sign any documents from insurance companies other than basic acknowledgment that you received their paperwork. Any settlement offers or liability waivers should be reviewed by an attorney first.
Denver’s unique geography and traffic patterns contribute to certain types of rideshare accidents happening more frequently than others. Understanding these patterns can help you know what to watch out for and what kind of evidence might be important in your case.
Rear-End Collisions
These are probably the most common type of rideshare accident I see. Think about it – rideshare drivers are constantly looking at their phones for directions, checking for new ride requests, or trying to figure out exactly where they’re supposed to pick someone up. All that distraction can lead to not noticing when traffic slows down or stops.
Denver’s stop-and-go traffic, especially on I-25 and I-70, creates perfect conditions for rear-end accidents. I’ve seen cases where a rideshare driver was so focused on their GPS that they didn’t notice the car in front of them had stopped for construction.
Intersection Accidents
Downtown Denver has a lot of complicated intersections, and rideshare drivers who aren’t familiar with the area can easily get confused. Add in pedestrians, cyclists, and other traffic, and you’ve got a recipe for accidents.
One particularly dangerous spot I’ve noticed is where rideshare drivers are trying to make a turn while simultaneously figuring out where they’re supposed to go next. They might run a red light or turn without yielding properly.
Passenger-Related Accidents
These happen when rideshare drivers are distracted by picking up or dropping off passengers. Maybe they’re double-parked outside a bar on Larimer Street, or they’re trying to find their passenger in a crowded area like Union Station.
I’ve also seen accidents where rideshare drivers make sudden stops or lane changes because they realize they’re about to miss their passenger’s location. These kinds of erratic movements can cause other drivers to crash into them or swerve to avoid them.
Weather-Related Accidents
Colorado weather can change in a heartbeat, and not all rideshare drivers are prepared for it. Someone who moved here from California might not know how to drive in snow, or they might not have proper tires for winter conditions.
Hailstorms are another big problem. I’ve seen cases where rideshare drivers got caught in sudden hail and either crashed trying to find shelter or got rear-ended by other drivers who couldn’t see through the storm.
Highway Accidents
When rideshare accidents happen on highways like I-25 or I-70, they tend to be more severe because of the higher speeds involved. These accidents often involve multiple vehicles and can result in serious injuries or fatalities.
Highway accidents also present unique challenges when it comes to determining fault. Was the rideshare driver following too closely? Did they fail to signal before changing lanes? Were they driving too fast for conditions? All of these factors can affect who’s liable for the accident.
One thing that makes rideshare accidents different from regular car accidents is the amount of technology involved. This can actually work in your favor when it comes to proving what happened, but it can also create new complications.
GPS and Route Data
Both Uber and Lyft track their drivers’ routes using GPS. This data can show exactly where the driver was, how fast they were going, and what route they took. If there’s a dispute about what happened, this information can be invaluable.
For example, if the rideshare driver claims they were going the speed limit, but the GPS data shows they were speeding, that’s pretty strong evidence. Or if there’s a question about whether the driver took a detour or got lost, the route data can clear that up.
App Usage Data
The rideshare apps also track when drivers are using the app, when they accept rides, and when they complete trips. This information is super important for figuring out which insurance coverage applies.
But here’s something most people don’t realize – rideshare companies don’t just hand over this data willingly. You usually need an attorney to request it through the proper legal channels, and even then, the companies might fight to keep it private.
Driver Behavior Monitoring
Both Uber and Lyft have systems that monitor driver behavior, including things like hard braking, rapid acceleration, and phone usage while driving. If a driver has a pattern of unsafe driving, that information could be relevant to your case.
However, getting access to this information can be challenging. The rideshare companies consider it proprietary, and they have teams of lawyers whose job is to protect it.
Vehicle Maintenance Records
Rideshare companies require drivers to maintain their vehicles, but enforcement can be spotty. If a mechanical failure contributed to your accident, you might need to look at maintenance records, inspection reports, and recall notices.
This is another area where having an experienced attorney can make a big difference. We know what information to request and how to get it, even when the rideshare companies don’t want to cooperate.
Let me be brutally honest with you – insurance companies are not your friends after a rideshare accident. I don’t care how friendly the adjuster sounds on the phone or how much they say they want to help. Their job is to save their company money, and they’re very good at it.
The Initial Contact
Usually, you’ll hear from an insurance adjuster within a day or two of the accident. They’ll want to get a recorded statement from you about what happened. Here’s my advice: don’t do it without talking to an attorney first.
I know that might sound paranoid, but I’ve seen too many cases where people gave statements that were later used against them. The adjuster might ask seemingly innocent questions like “How are you feeling?” If you say “Fine,” they’ll use that to argue that you weren’t really injured.
The Quick Settlement Offer
Don’t be surprised if the insurance company makes you a settlement offer pretty quickly, sometimes within a week of the accident. They might say something like, “We want to get this resolved quickly so you can move on with your life.”
Here’s the thing – they’re not doing this to be nice. They’re doing it because they know that if you wait and find out the full extent of your injuries, you’ll realize their offer isn’t nearly enough.
I had a client who was offered $5,000 by an insurance company three days after a rideshare accident. The adjuster made it sound like a great deal and said the offer would expire soon. Fortunately, the client called me first. After we investigated the case and got proper medical treatment for his injuries, we settled for $85,000.
The Recorded Statement Trap
If you do decide to give a recorded statement (and again, I recommend talking to an attorney first), be very careful about what you say. Here are some tips:
- Stick to the facts of what happened
- Don’t speculate about things you don’t know for sure
- Don’t downplay your injuries or pain
- Don’t guess about distances, speeds, or timing
- It’s okay to say “I don’t know” or “I don’t remember”
Remember, this statement can be used in court later, so every word matters.
Medical Records Requests
The insurance company will want access to your medical records, and they’re entitled to records related to your accident injuries. However, they’ll often ask for much more than they’re entitled to, including records going back years before the accident.
Be very careful about what you authorize. They’re looking for pre-existing conditions or previous injuries they can blame for your current problems. An experienced attorney can help you handle these requests and make sure you’re not giving the insurance company ammunition to use against you.
The Independent Medical Examination
If your case involves significant injuries, the insurance company might ask you to see a doctor of their choosing for an “independent medical examination” or IME. The name is misleading – these doctors are paid by the insurance company and are anything but independent.
The purpose of an IME is usually to find reasons to minimize your claim. The doctor might conclude that you’re not as injured as you claim, that your injuries weren’t caused by the accident, or that you don’t need as much treatment as your doctors recommend.
You might be required to attend an IME, but you have rights during the examination. You can have the exam recorded, you can have someone present with you, and you don’t have to answer questions that aren’t directly related to your injuries.
The Importance of Medical Documentation
One of the biggest mistakes I see people make after rideshare accidents is not getting proper medical treatment or not following through with their doctors’ recommendations. I get it – medical bills are expensive, and if you’re not sure your insurance will cover everything, it’s tempting to tough it out.
But here’s the reality – if you don’t have medical records documenting your injuries, it’s going to be very difficult to get fair compensation. Insurance companies will argue that if you were really hurt, you would have seen a doctor.
Immediate Medical Attention
Even if you feel okay at the scene, you should see a doctor within a day or two of the accident. Emergency rooms are expensive, but urgent care centers can be a good option for initial evaluation.
Make sure you tell the doctor about every part of your body that hurts, even if the pain seems minor. Don’t assume that aches and pains will go away on their own. What starts as a minor neck strain can develop into chronic pain that affects your life for months or years.
Follow-Up Care
If your doctor recommends follow-up treatment, physical therapy, or additional tests, do it. I’ve seen cases where people skipped physical therapy appointments because they were feeling better, only to have the insurance company argue that they must not have been seriously injured.
Keep track of all your appointments, treatments, and how your injuries are affecting your daily life. A simple journal noting your pain levels, what activities you can’t do, and how your injuries are impacting your work and personal life can be very valuable evidence.
Alternative Medicine and Treatment
Colorado has a pretty progressive attitude toward alternative medicine, and many people find relief through chiropractic care, acupuncture, or massage therapy. The good news is that these treatments can often be covered as part of your accident claim.
However, make sure any alternative practitioners you see are licensed and that they document their treatment properly. Insurance companies are sometimes skeptical of alternative treatments, so good documentation is even more important.
Mental Health Impact
Don’t overlook the psychological impact of a rideshare accident. Being in any car accident can be traumatic, but there’s something particularly unsettling about being hurt while you were just trying to get from point A to point B.
Some people develop anxiety about riding in cars or using rideshare services again. Others experience depression or PTSD symptoms. These are real injuries that deserve compensation, but they require proper documentation from mental health professionals.
When you’re dealing with the immediate aftermath of a rideshare accident – the pain, the insurance calls, the car repairs – it’s hard to think about long-term consequences. But the reality is that some injuries can affect you for months, years, or even the rest of your life.
Chronic Pain and Ongoing Treatment
What starts as a sore neck or back can develop into chronic pain that requires ongoing treatment. I’ve had clients who are still doing physical therapy two years after their accident. Others need periodic injections or other treatments to manage their pain.
These ongoing costs add up quickly, and they’re not always easy to predict right after the accident. That’s one reason why accepting a quick settlement offer is usually a mistake – you might not know the full extent of your injuries for months.
Impact on Work and Career
Some injuries can affect your ability to do your job, even if you’re not disabled. Maybe you’re a nurse who can’t lift patients anymore, or a construction worker who can’t do heavy labor. Maybe you’re in sales but now have trouble concentrating because of headaches or cognitive issues from a brain injury.
These impacts on your earning capacity are real damages that should be compensated, but calculating them requires expertise. How do you put a dollar value on a career that’s been derailed or limited by an accident?
Relationship and Family Impact
Serious injuries don’t just affect the injured person – they affect entire families. Maybe your spouse has to take time off work to care for you, or you can’t participate in activities with your kids anymore.
I’ve seen marriages strained by the stress of dealing with accident injuries and insurance companies. I’ve seen people become depressed because they can’t do the things they used to enjoy. These are real consequences that deserve consideration in any settlement.
Vehicle Replacement and Transportation Issues
If your car was damaged or totaled in the accident, you’re dealing with the hassle and expense of finding replacement transportation. Maybe you can’t afford to replace your car with something equivalent, so you end up with a less reliable vehicle or higher payments.
If you were a rideshare passenger and now have anxiety about using those services, you might need to buy a car or find other transportation options you hadn’t planned for.
Special Considerations for Different Types of Victims
Not everyone who’s injured in a rideshare accident faces the same challenges. Depending on your situation, there might be special considerations that affect your case.
Elderly Victims
Older adults often face unique challenges after rideshare accidents. They might heal more slowly from injuries, or they might have pre-existing conditions that are aggravated by the accident. They might also be more vulnerable to insurance company tactics designed to minimize claims.
On the flip side, elderly victims often have more predictable medical histories and established relationships with doctors, which can make it easier to document how the accident affected their health.
Children and Minors
When children are injured in rideshare accidents, the legal process becomes more complicated. Minors can’t sign settlement agreements on their own, and courts often have to approve any settlements to make sure the child’s interests are protected.
There are also special considerations about future damages. A child who suffers a brain injury might not show the full effects until years later when they’re struggling in school or having developmental problems.
Pregnant Women
Pregnancy adds another layer of complexity to rideshare accident cases. Even if the mother’s injuries seem minor, there could be complications affecting the pregnancy or the baby. These cases require careful medical monitoring and documentation.
People Without Health Insurance
If you don’t have health insurance, getting proper medical treatment after a rideshare accident can be challenging. Some medical providers will treat accident victims on a lien basis, meaning they’ll wait to be paid until your case is resolved.
However, you need to be careful about running up huge medical bills without knowing whether there’s enough insurance coverage to pay them. An experienced attorney can help you understand your options and make sure you get necessary treatment without putting yourself in financial jeopardy.
Undocumented Immigrants
Unfortunately, some people are afraid to pursue accident claims because of their immigration status. While there are legitimate concerns to consider, being undocumented doesn’t prevent you from seeking compensation for injuries caused by someone else’s negligence.
The key is working with an attorney who understands both personal injury law and immigration issues and can help you through the process safely.
The Legal Process: What to Expect
If you can’t reach a fair settlement with the insurance companies, you might need to file a lawsuit. I know that sounds scary, but understanding the process can help reduce your anxiety about it.
The Statute of Limitations
In Colorado, you generally have three years from the date of the accident to file a personal injury lawsuit. That might seem like a long time, but it can go by quickly, especially if you’re dealing with ongoing medical treatment and trying to recover from your injuries.
There are some exceptions to the three-year rule. For example, if the accident victim was a minor, the statute of limitations might not start running until they turn 18. But don’t count on exceptions – it’s always better to start the legal process sooner rather than later.
Filing the Lawsuit
Filing a lawsuit doesn’t mean you’re going to trial. In fact, most personal injury cases settle before trial. Filing the lawsuit just starts the formal legal process and gives you more tools to investigate your case and negotiate with the insurance companies.
When we file a lawsuit, we’re required to state our legal claims and what damages we’re seeking. This gives the defendants and their insurance companies a clear picture of what the case is about.
Discovery Process
Once a lawsuit is filed, both sides have the right to investigate the case through a process called discovery. This might include:
- Depositions (sworn testimony outside of court)
- Requests for documents
- Interrogatories (written questions that must be answered under oath)
- Expert witness reports
- Independent medical examinations
The discovery process can take several months or even longer in complex cases. It’s often during discovery that the strongest evidence comes to light, which can lead to settlement negotiations.
Mediation and Settlement Conferences
Most courts require the parties to attempt mediation before going to trial. Mediation is a process where a neutral third party (the mediator) helps the parties try to reach a settlement.
Mediation isn’t binding – if you can’t reach an agreement, you can still go to trial. But it’s often effective because it forces both sides to really look at the strengths and weaknesses of their cases.
Trial
If mediation doesn’t work and the parties can’t reach a settlement, the case goes to trial. In Colorado, personal injury cases are typically decided by juries of six people.
Trials can be stressful, but they’re also an opportunity to tell your story to people who haven’t been involved in months of negotiations and legal maneuvering. Sometimes a jury will award more than the insurance companies were willing to pay in settlement.
However, trials are also risky. There’s always a chance you could lose and get nothing, or that the jury could award less than what was offered in settlement. That’s why it’s so important to have an experienced attorney who can help you make informed decisions about whether to settle or go to trial.
Sometimes people think they can skip the insurance companies and work directly with Uber or Lyft to resolve their claims. While both companies have processes for handling accident claims, this approach has significant limitations.
Uber’s Claims Process
Uber has an online portal where you can report accidents and submit documentation. They’ll assign a claims adjuster to investigate your case, much like an insurance company would.
However, Uber’s claims adjusters are working for Uber, not for you. Their goal is to resolve claims as cheaply as possible while avoiding bad publicity for the company. They might be polite and professional, but they’re not on your side.
Lyft’s Claims Process
Lyft has a similar process, though their online system isn’t quite as streamlined as Uber’s. They also use third-party companies to handle some of their claims, which can add another layer of complexity to the process.
The biggest problem with working directly with rideshare companies is that you don’t have much leverage. They know you probably don’t understand the full value of your claim, and they know you don’t have the resources to investigate the case thoroughly.
They also know that most people want to resolve things quickly and move on with their lives. They’ll use that to their advantage by making settlement offers that sound reasonable but are actually far less than what you deserve.
When Direct Communication Might Make Sense
There are very limited situations where it might make sense to work directly with a rideshare company. If your injuries are truly minor, your medical bills are low, and you haven’t missed any work, you might be able to resolve a small claim without an attorney.
But even then, you should at least consult with an attorney before accepting any settlement offer. Most personal injury attorneys offer free consultations, so there’s no risk in getting a professional opinion about whether the offer is fair.
I’ll be honest with you – not all personal injury attorneys are equipped to handle rideshare accident cases. These cases involve complex insurance issues, evolving technology, and changing laws that many attorneys aren’t familiar with.
When you’re choosing an attorney to handle your rideshare accident case, here are some things to look for:
Experience with Rideshare Cases: Ask specifically about the attorney’s experience with Uber and Lyft accident cases. How many have they handled? What were the results?
Understanding of Technology Issues: Does the attorney understand how to request and analyze GPS data, app usage logs, and other technological evidence that might be relevant to your case?
Resources for Investigation: Rideshare accident cases often require expert witnesses, accident reconstruction specialists, and other resources. Does the attorney have access to these resources?
Track Record with Insurance Companies: Has the attorney successfully negotiated with the specific insurance companies that handle Uber and Lyft claims?
How Attorneys Can Help
An experienced rideshare accident attorney can help you in several ways:
Identifying All Potential Sources of Compensation: There might be multiple insurance policies that apply to your case, and an attorney can help identify all of them.
Dealing with Insurance Companies: Your attorney can handle all communication with insurance adjusters, protecting you from tactics designed to minimize your claim.
Investigating the Accident: Attorneys have the resources and legal authority to investigate accidents thoroughly, including requesting information that individuals can’t get on their own.
Calculating Damages: Attorneys understand how to calculate not just your current expenses, but also future medical costs, lost earning capacity, and pain and suffering.
Negotiating Settlements: Experienced attorneys know what rideshare accident cases are worth and can negotiate effectively with insurance companies.
Litigation: If necessary, attorneys can file lawsuits and take cases to trial.
The Contingency Fee System
Most personal injury attorneys, including those at McCormick & Murphy, P.C., work on a contingency fee basis. This means you don’t pay attorney fees unless you recover money through settlement or judgment.
This system makes legal representation accessible to people who couldn’t otherwise afford it. It also aligns the attorney’s interests with yours – the attorney only gets paid if you get paid.
What to Expect When Working with an Attorney
When you first contact a personal injury attorney about a rideshare accident, you’ll typically have a free consultation where the attorney evaluates your case. If the attorney agrees to represent you, here’s what you can expect:
Investigation: The attorney will gather evidence, review medical records, and investigate the accident.
Communication: The attorney will handle all communication with insurance companies and other parties.
Medical Treatment: The attorney can help you find appropriate medical treatment and might be able to arrange for treatment on a lien basis if you don’t have health insurance.
Regular Updates: A good attorney will keep you informed about the progress of your case and involve you in important decisions.
Settlement Negotiations: When it’s time to negotiate, the attorney will work to get you the best possible settlement.
Questions to Ask a Potential Attorney
Before hiring an attorney, make sure you ask the right questions:
- How many rideshare accident cases have you handled?
- What were the results in those cases?
- How will you investigate my case?
- What do you think my case is worth?
- How long do you expect the process to take?
- What is your fee structure?
- Will you personally handle my case, or will it be assigned to another attorney?
- How will you communicate with me about the progress of my case?
Don’t be afraid to interview multiple attorneys before making your decision. This is an an important choice that could significantly affect the outcome of your case.
While we can’t control everything that happens on the road, there are things you can do to reduce your risk of being involved in a rideshare accident.
For Passengers
Verify Your Ride: Always check the license plate, driver photo, and vehicle description before getting in. Make sure the driver can tell you your name – don’t just ask “Are you here for the Uber?”
Wear Your Seatbelt: This seems obvious, but you’d be surprised how many people don’t buckle up in rideshare vehicles, especially when sitting in the back seat.
Sit in the Back: Unless you’re riding alone late at night and want to sit behind the driver for safety reasons, the back seat is generally safer in case of an accident.
Don’t Distract the Driver: Let the driver focus on driving. If you need to change the destination or have questions about the route, wait for a safe moment to speak up.
Trust Your Instincts: If something doesn’t feel right about the driver or the vehicle, don’t get in. It’s better to cancel and request another ride.
For Other Drivers
Give Rideshare Vehicles Extra Space: Rideshare drivers might make sudden stops or lane changes as they try to get to their passengers. Give them extra following distance and be prepared for unexpected maneuvers.
Be Patient: That Uber driver who’s driving slowly down your street is probably looking for a house number. Don’t tailgate or honk aggressively.
Watch for Passengers: Be extra careful in areas where rideshare pickups are common, like airports, downtown areas, and entertainment districts. Passengers might step into the street unexpectedly.
Don’t Engage in Road Rage: If a rideshare driver does something that annoys you, resist the urge to retaliate. Road rage incidents can quickly escalate and lead to accidents.
Maintain Your Vehicle: Keep your car in good condition with regular maintenance, good tires, and working lights and signals.
Plan Your Route: Use GPS, but familiarize yourself with the route before you start driving. Don’t rely entirely on turn-by-turn directions.
Take Breaks: If you’re tired, stop driving. Fatigue is a major cause of accidents, and it’s not worth the risk.
Follow Traffic Laws: Don’t let the pressure to complete rides quickly cause you to speed, run red lights, or make illegal turns.
Avoid Distractions: Don’t text, eat, or engage in lengthy conversations while driving. If you need to use your phone, pull over safely first.
The rideshare industry is constantly evolving, and so are the laws and regulations that govern it. Here are some trends that might affect rideshare liability in the future:
Autonomous Vehicles
Both Uber and Lyft are investing heavily in self-driving car technology. When these vehicles become common, it will completely change how we think about rideshare accidents and liability.
If a self-driving Uber crashes, is it the manufacturer’s fault? The software company’s fault? The rideshare company’s fault? These questions don’t have clear answers yet, but they’re going to become very important in the coming years.
Increased Insurance Requirements
Some states are considering increasing the insurance requirements for rideshare companies. Colorado could follow suit, especially if there are high-profile cases where current coverage limits prove inadequate.
Better Safety Technology
Modern vehicles are being equipped with more safety features like automatic braking, lane departure warnings, and collision avoidance systems. As these become standard in rideshare vehicles, they might reduce the number of accidents.
However, they might also create new liability questions. If a safety system fails and causes an accident, who’s responsible – the car manufacturer, the technology company, or the rideshare driver?
Regulatory Changes
The Colorado Public Utilities Commission and other regulatory bodies continue to refine their oversight of rideshare companies. Future changes might affect insurance requirements, driver qualifications, or vehicle standards.
Data Privacy Concerns
As rideshare companies collect more data about their drivers and passengers, there are growing concerns about privacy and how this information is used in accident cases. Future regulations might limit what information can be collected or how it can be used in legal proceedings.
Understanding Your Rights as an Accident Victim
Whether you were a rideshare passenger, another driver, or a pedestrian injured in a rideshare accident, you have certain rights that are important to understand.
Right to Medical Treatment
You have the right to seek medical treatment for your injuries, regardless of who caused the accident or who’s going to pay for it. Don’t let concerns about insurance coverage prevent you from getting the care you need.
Right to Legal Representation
You have the right to hire an attorney to represent your interests. Insurance companies might try to discourage you from getting legal help by saying things like “This is a simple case” or “You don’t need a lawyer.” Don’t listen to them – they’re not looking out for your interests.
Right to Fair Compensation
You have the right to be compensated for all of your damages, including:
- Medical expenses (current and future)
- Lost wages and earning capacity
- Pain and suffering
- Property damage
- Other out-of-pocket expenses related to the accident
Right to Information
You have the right to information about the accident, including police reports, witness statements, and relevant insurance coverage. You might need an attorney to help you get some of this information, but you’re entitled to it.
Right to Privacy
While you might need to provide information about your injuries and how they’ve affected your life, you have the right to privacy about unrelated medical conditions and personal information.
Right to Refuse Settlement Offers
You’re not required to accept the first settlement offer you receive, or any settlement offer for that matter. You have the right to negotiate for a better offer or to take your case to trial if necessary.
Right to Time
Despite what insurance adjusters might tell you, you don’t have to make quick decisions about settlement offers. You have the right to take time to understand your injuries, get proper medical treatment, and make informed decisions about your case.
There are a lot of misconceptions about rideshare accidents and how they’re handled. Let me clear up some of the most common myths:
While it’s true that Uber and Lyft carry substantial insurance coverage, that doesn’t mean it’s easy to access or that it will fully cover your damages. These companies fight claims just like any other insurance company.
Myth: “If You’re a Passenger, You’re Automatically Covered”
Being a passenger in a rideshare vehicle doesn’t guarantee that you’ll be compensated for your injuries. The coverage that applies depends on what the driver was doing when the accident happened and who caused the accident.
Myth: “You Can’t Sue Uber or Lyft”
While rideshare companies try to limit their liability through their terms of service and by classifying drivers as independent contractors, there are situations where you can pursue claims directly against the companies.
While many personal auto insurance policies exclude coverage for commercial activities, this isn’t universal. Some policies do provide coverage, and some states require insurance companies to offer rideshare coverage.
Myth: “Small Accidents Aren’t Worth Pursuing”
Even “minor” accidents can result in significant injuries and expenses. Don’t assume your case isn’t worth pursuing without talking to an attorney who can properly evaluate your damages.
Myth: “You Have to Accept the First Settlement Offer”
Insurance companies often make quick, low settlement offers hoping you’ll accept them before you understand the full extent of your injuries and damages. You’re under no obligation to accept these offers.
Myth: “Hiring an Attorney Will Delay Your Case”
While some cases do take longer when attorneys are involved, this is usually because the attorney is working to get you a better outcome. Quick settlements are often unfair settlements.
Myth: “You Can’t Afford an Attorney”
Most personal injury attorneys work on contingency fees, meaning you don’t pay unless you recover money. This makes legal representation accessible regardless of your financial situation.
We spend a lot of time talking about the physical and financial impacts of rideshare accidents, but the emotional impact can be just as significant and deserves attention.
Trauma and PTSD
Being in any car accident can be traumatic, but there’s something particularly unsettling about being injured while you were just trying to get somewhere safely. Many rideshare accident victims develop anxiety about riding in cars or using rideshare services again.
Some people experience flashbacks, nightmares, or panic attacks. These are signs of post-traumatic stress disorder (PTSD), which is a real medical condition that deserves treatment and compensation.
Loss of Independence
If your injuries prevent you from driving or using rideshare services comfortably, you might lose a significant amount of independence. This can be particularly difficult for elderly victims or people who don’t have family members who can help with transportation.
Financial Stress
Dealing with medical bills, lost wages, and insurance companies can create enormous financial stress. This stress can affect your relationships, your mental health, and your ability to recover from your injuries.
Anger and Frustration
It’s completely normal to feel angry after a rideshare accident, especially if it was caused by someone else’s negligence. You might be angry at the driver, the rideshare company, the insurance companies, or just the unfairness of the situation.
These feelings are valid, but they can also be exhausting and interfere with your recovery. Counseling or therapy can help you work through these emotions in a healthy way.
Impact on Relationships
Serious injuries don’t just affect the injured person – they affect entire families. Spouses might have to take on additional responsibilities, children might not understand why their parent can’t do the things they used to do, and everyone might be stressed about the financial implications.
Some relationships become stronger as families pull together to deal with the crisis. Others are strained by the stress and changes. Either reaction is normal, but it’s important to recognize when you might need professional help to work through these challenges.
Seeking Mental Health Treatment
If you’re struggling emotionally after a rideshare accident, don’t hesitate to seek professional help. Counseling, therapy, and even medication can be valuable tools for recovery.
From a legal perspective, mental health treatment related to your accident can be part of your damages claim. The costs of therapy and counseling should be included in any settlement, just like your medical bills.
Denver presents some unique challenges when it comes to rideshare accident cases. Understanding these challenges can help you prepare for what you might face.
High Altitude Effects
Believe it or not, Denver’s altitude can affect how people respond to injuries and medical treatment. Some people find that they heal more slowly at altitude, while others experience more severe symptoms from concussions or other brain injuries.
This can complicate rideshare accident cases because insurance companies might argue that your symptoms are related to altitude rather than the accident. Having medical providers who understand altitude-related issues can be important for properly documenting your injuries.
Weather-Related Complications
Colorado’s unpredictable weather creates unique challenges for rideshare accident cases. A sudden hailstorm or patch of black ice can turn a minor fender-bender into a serious accident.
Weather conditions at the time of the accident can also affect liability. If a rideshare driver was going too fast for icy conditions, that could be considered negligence even if they weren’t speeding according to the posted limit.
Tourist and Visitor Issues
Denver attracts a lot of visitors, and many of them use rideshare services to get around the city. If you’re injured in a rideshare accident while visiting Denver, you might face additional complications:
- Your medical providers might not be in your insurance network
- You might need to return home before your case is resolved
- Colorado laws might be different from what you’re used to in your home state
- You might not have local resources to help you find attorneys or medical providers
Construction and Road Work
Anyone who’s driven in Denver recently knows that construction seems to be everywhere. Construction zones create additional hazards for rideshare drivers who might not be familiar with temporary traffic patterns or lane changes.
If your accident happened in a construction zone, there might be additional parties who could be liable, such as construction companies or government entities responsible for traffic control.
University and College Areas
Denver has several colleges and universities, and these areas see heavy rideshare usage, especially on weekends. Accidents in these areas often involve young people who might not have much experience dealing with insurance companies or legal issues.
College students also face unique challenges like limited financial resources, concerns about how an accident might affect their studies, and questions about whether their parents’ insurance might provide coverage.
Airport-Related Accidents
Denver International Airport is one of the busiest rideshare pickup locations in the city. The airport’s unique layout, with its long drives and multiple levels, can be confusing for rideshare drivers and contribute to accidents.
Airport-related rideshare accidents can also involve additional complications like:
- Passengers with luggage who might be more seriously injured in an accident
- Time-sensitive travel plans that create pressure to resolve cases quickly
- Visitors from out of state who need to return home
- Questions about whether airport authorities bear any responsibility for accident conditions
Working with McCormick & Murphy, P.C.
At McCormick & Murphy, P.C., we’ve been handling complex personal injury cases in Denver since 1995. Our attorneys, Kirk McCormick and Jay Murphy, bring over 60 years of combined experience to every case, and we understand the unique challenges that rideshare accident victims face.
We know that every rideshare accident case is different, and we take the time to understand the specific circumstances of your situation. We don’t believe in cookie-cutter approaches or quick settlements that don’t fully compensate you for your injuries.
Our investigation process includes:
- Obtaining all available police reports and witness statements
- Requesting GPS and app data from rideshare companies
- Working with accident reconstruction experts when necessary
- Reviewing all medical records and consulting with medical experts
- Identifying all potential sources of insurance coverage
- Calculating current and future damages
Why Experience Matters
Rideshare accident cases involve complex insurance issues that many attorneys aren’t familiar with. We’ve handled numerous cases involving Uber, Lyft, and other rideshare companies, and we understand the tactics their insurance companies use to minimize claims.
We also understand Colorado’s specific laws regarding Transportation Network Companies and how they affect your rights as an accident victim. This knowledge can make a significant difference in the outcome of your case.
Our Commitment to Clients
We understand that being injured in a rideshare accident can be overwhelming. You’re dealing with injuries, medical bills, insurance companies, and possibly missing work – all while trying to recover and get your life back to normal.
That’s why we handle all the legal aspects of your case so you can focus on your recovery. We deal with insurance adjusters, gather evidence, handle paperwork, and keep you informed about the progress of your case.
We also work on a contingency fee basis, which means you don’t pay attorney fees unless we recover money for you. This allows you to get experienced legal representation without worrying about upfront costs.
Our Track Record
Over our decades of practice, we’ve recovered millions of dollars for accident victims throughout Colorado. While we can’t guarantee the outcome of any specific case, we can promise that we’ll work tirelessly to get you the compensation you deserve.
We’ve successfully handled cases involving:
- Serious injuries requiring multiple surgeries and long-term care
- Wrongful death cases
- Cases involving multiple vehicles and complex liability issues
- Cases where insurance companies initially denied coverage
- Cases involving uninsured or underinsured drivers
Getting Started
If you’ve been injured in a rideshare accident in Denver, the first step is to get proper medical attention. Once you’ve addressed your immediate medical needs, we encourage you to contact us for a free consultation.
During your consultation, we’ll review the facts of your case, explain your legal options, and help you understand what to expect from the process. There’s no obligation, and you won’t pay anything unless we recover money for you.
You can reach us at (888)-668-1182, or you can visit our office at 1547 N Gaylord St UNIT 303, Denver, CO 80206. You can find directions to our office on Google Maps.
If you’ve been injured in a rideshare accident, time is important. Evidence can disappear, witnesses can forget what they saw, and insurance companies can use delays against you. Here’s what you should do:
Immediate Steps
- Get medical attention – Even if you think you’re not seriously injured, see a doctor within a day or two of the accident.
- Document everything – Keep records of all your medical treatment, expenses, and how your injuries are affecting your daily life.
- Don’t talk to insurance adjusters – Refer them to your attorney or be very careful about what you say if you do speak with them.
- Preserve evidence – Keep your clothes from the day of the accident, don’t repair your vehicle until it’s been properly documented, and save all paperwork related to the accident.
Legal Steps
- Consult with an experienced attorney – Most personal injury attorneys offer free consultations, so there’s no reason not to get professional advice about your case.
- Don’t accept quick settlement offers – Insurance companies often make low offers hoping you’ll accept them before you understand the full extent of your injuries.
- Be patient – Good outcomes take time. Don’t let pressure from insurance companies or financial stress cause you to settle too quickly.
- Stay involved in your case – While your attorney will handle the legal work, you need to stay informed about the progress of your case and be involved in important decisions.
Long-Term Considerations
- Focus on your recovery – Follow your doctors’ recommendations and don’t skip treatments or appointments.
- Keep detailed records – Document how your injuries continue to affect your life, work, and relationships.
- Be realistic about timelines – Complex cases can take months or even years to resolve. Don’t expect quick answers to complicated legal questions.
- Trust the process – If you’ve hired an experienced attorney, trust their advice about strategy and timing.
Rideshare accidents in Denver involve complex legal and insurance issues that most people aren’t equipped to handle on their own. The rideshare companies and their insurance providers have teams of lawyers and adjusters whose job is to minimize what they pay out in claims.
You need someone on your side who understands these complexities and can fight for your rights. At McCormick & Murphy, P.C., we have the experience and resources to handle even the most complex rideshare accident cases.
Don’t let the insurance companies take advantage of you. Don’t accept a settlement offer without understanding whether it’s fair. And don’t try to go through this complex process alone.
If you’ve been injured in a rideshare accident in Denver, contact us today for a free consultation. We’ll review your case, explain your options, and help you understand what you can expect from the legal process. You can check out our professional services profile to see what other clients have said about our work.
Remember, you don’t pay anything unless we recover money for you, so there’s no financial risk in getting experienced legal advice about your case. The only risk is in waiting too long and potentially losing your right to compensation.
Your recovery is our priority, and we’ll work tirelessly to get you the compensation you deserve so you can focus on getting your life back to normal. The road to recovery after a rideshare accident can be long and challenging, but you don’t have to travel it alone.
Contact McCormick & Murphy, P.C. today at (888)-668-1182, and let us help you get the justice and compensation you deserve. Your future may depend on the decisions you make today, so don’t wait – call us now.
