The actions taken immediately following an accident are critical to the success of a later personal injury claim.
Prioritize Safety and Medical Care: Seek medical attention immediately, even if injuries seem minor. A doctor’s diagnosis creates the necessary medical record linking the accident to your injuries. Also, follow up on all care recommended, even if you think you are feeling better. It is better to get checked by a medical professional to make sure there is nothing lurking medically.
Call the Police: File an official police report. This document is a key piece of evidence that includes the drivers’ information, insurance details, and the investigating officer’s determination of fault.
Gather Information and Evidence: Get the name and contact information of the rideshare driver. Take photos of the accident scene, vehicle damage, and visible injuries. Obtain contact information for any witnesses. Crucially, take a screenshot of the rideshare app immediately to document the trip status (Phase 2 evidence).
Notify the Rideshare Company: Report the accident through the app or website.
Consult an Attorney: Do not provide a recorded statement or sign any documents from the rideshare company or its insurer before speaking with a personal injury attorney.
Compensation and Damages
The goal of a personal injury claim is to make the injured party “whole” again by compensating them for their losses, known as damages. Damages are generally categorized as follows:
Economic Damages (Specific, verifiable losses)
Medical Expenses: Past and future costs, including emergency room visits, surgery, physical therapy, prescription medication, and specialist consultations.
Lost Wages: Income lost due to time missed from work, and loss of future earning capacity if the injury results in a permanent total or partial disability.
Property Damage: Costs to repair or replace the injured party’s vehicle or other personal property.
Non-Economic Damages (Subjective, non-monetary losses)
Pain and Suffering (past and future, if future treatment is recommended): Compensation for the physical discomfort and emotional distress caused by the injury.
Emotional Distress: Anxiety, depression, PTSD, or other mental health consequences of the trauma.
Loss of Consortium: Compensation for the negative impact on the victim’s relationship with their spouse (if applicable).
Punitive Damages
In rare cases where the rideshare driver’s conduct was exceptionally reckless, malicious, or intentional including driving under the influence of any substance including a prescription or a failure to take a prescription that leads to a medical emergency and causes an accident, a court may award punitive damages. These are not meant to compensate the victim but to punish the defendant and deter similar behavior in the future. Such damages are not covered by insurance, so the defendant has to have enough assets to cover these and cannot file bankruptcy to get out of them. But that does not mean they are easy to collect.
The Litigation and Settlement Process
Investigation and Demand
After gathering all medical evidence and documentation, the personal injury attorney sends a demand letter to the rideshare company’s insurer. This letter outlines the facts of the accident, the extent of the client’s injuries and damages, and demands a specific amount of compensation.
Negotiation or Mediation
The insurer will typically respond with a counteroffer, beginning the negotiation phase. If negotiations stall, the parties may agree to mediation, a non-binding settlement conference where a neutral third party (the mediator) helps facilitate an agreement. Many rideshare accident cases are resolved at this stage.
Filing a Lawsuit
If negotiations fail, the personal injury attorney will file a personal injury lawsuit, initiating the formal litigation process. This leads to the Discovery Phase, where information is formally exchanged through interrogatories (written questions) and depositions (live, sworn testimony). While many cases still settle before trial, the attorney must be prepared to argue the case to a jury to secure maximum compensation.
How to Find the Right Rideshare Accident Attorney
Due to the unique insurance structure, hiring a personal injury lawyer who understands rideshare claims is non-negotiable.
Here are the key qualities and questions to guide your selection:
Rideshare law is different. You need a personal injury attorney who has successfully handled cases involving the specific three-phase insurance system of Uber and Lyft, not just general car accidents.
Deep Insurance Knowledge. The attorney must know how to force the insurer to produce the electronic log data confirming the driver’s Phase status, which is the key to accessing the $1 million policy.
Willingness to Litigate. Rideshare insurers are notoriously difficult. You need a personal injury attorney with a proven track record of taking cases to trial, not just settling low to avoid court. A credible threat of litigation often secures a better settlement.
Resources & Experts. Complex rideshare cases may require accident reconstruction experts, forensic analysts to review phone data, and specialized medical experts. A top firm will have the resources to fund these experts.
Contingency Fee Structure. The personal injury attorney should work on a contingency fee basis (no fee unless they win), ensuring their financial incentive is aligned with maximizing your recovery.
Critical Questions to Ask Potential Attorneys
“How many cases have you personally handled against Uber or Lyft’s commercial insurance carriers (e.g., James River, Progressive, Liberty Mutual, etc.)?”
Aim for: Specific numbers and examples of successful resolutions.
“What is your strategy for proving the rideshare driver was in ‘Phase 2’ or ‘Phase 3’ at the time of the crash?”
The correct answer should involve: Securing electronic data, preserving evidence, and issuing a specific legal demand to the rideshare company.
“How often do you go to trial, and what is your firm’s success rate in rideshare-specific litigation?”
Aim for: A realistic assessment that shows they are not afraid of a courtroom, which enhances their negotiating power.
“Will you or an associate be the primary personal injury lawyer handling my case, and what is your communication policy?”
Aim for: Clarity on who you will be dealing with and a commitment to timely updates (not just being passed off to a paralegal or other staff member for all communication).
Consulting with a rideshare accident attorney immediately ensures that vital evidence (like the app data) is preserved and that you do not speak to the insurance company without legal protection.