Who is liable for an Uber or Lyft crash in Colorado depends on who caused it. If the rideshare driver was negligent, the driver can be held accountable, and which insurance applies depends on the driver’s app status. If another driver caused the crash, that driver’s insurance is usually where a claim starts.
Have you ever used a rideshare service such as Lyft or Uber? If so, you know how convenient and efficient it is to open up an app on your phone, request a ride, and just minutes later hop into a stranger’s car to be transported to your destination.
Crashes Can and Do Happen in Rideshare Vehicles
Uber and Lyft drivers are generally very careful, cautious, and alert while working, and since riders can rate their experience, irresponsible or careless drivers eventually get winnowed out. That said, crashes do happen, sometimes due to the driver’s bad decision, but also due to other drivers and vehicles.
The Concept of Negligence in Colorado
A plaintiff seeking damages must prove that the driver was “negligent” and that this negligence led to the crash and the injuries that followed. Uber and Lyft drivers have what’s called a “duty of care” toward their passengers: to deliver them safely and soundly to their destination. The duty of care also means not driving too fast, not driving under the influence, not running red lights, and so on. If drivers fail to fulfill that duty, they can be held accountable for the crash, and thus for your injuries.
Responsibility and Insurance in an Uber or Lyft Crash
As frustrating as it is, the answer is “it depends.” Colorado is a modified comparative negligence state, meaning riders can be considered at fault to some degree. However, after a crash for which they are partly responsible, riders may still be awarded damages, as long as their share of fault is less than the other party’s. Any award is reduced by their percentage of fault.
Which insurance applies depends on the driver’s app status. Colorado requires at least $1 million in liability coverage from the time a driver accepts a ride until the passenger gets out, and lower limits while the driver is logged in and waiting for a request. The company owed a duty of care to its customers, but that duty is considered breached by hiring workers with poor driving records, a history of at-fault crashes, or inadequate experience behind the wheel.
What if the driver was not logged into the app at all? Then the crash is treated like any other car crash, and the driver’s personal insurance is where a claim starts.
If you were a passenger, read Injured in an Uber or Lyft in Colorado? Passenger Claims for the steps to take and the coverage that may apply.
Related Reading
- How Is Fault Determined After a Colorado Car Crash?
- Hit by an Uninsured Driver in Colorado: Your Options
Talk to Greer Law After a Rideshare Crash
When you need a ride to the airport, have had too many drinks to drive safely, or don’t own a vehicle, rideshare companies like Uber and Lyft are great options. Should you use one and get into a crash, however, it’s important to know where to turn for the compensation you’re entitled to. The team at Greer Law can help. Drop us a line using our contact form, or call us at 303-331-6460 today.
