Uber, Lyft or Other Rideshare Wreck: Have you given up some of your rights?

What You Need to Know If You’ve Been Injured in an Uber or Lyft Accident

Rideshare services like Uber or Lyft offer great convenience. They can help you get around when you’re out of town or even served as your designated driver. But what if you’re injured in an Uber or Lyft? You might have already given up some of your rights.

Arbitration Clauses in Uber and Lyft Terms

Uber and Lyft frequently update their terms and conditions, but one provision is pretty consistent: if you use their service, you agree to arbitrate any claims related to injuries or accidents. This means that if your driver causes a wreck or otherwise causes you injury, then you’ve given up your rights to pursue your claim in court.

Being forced to arbitration, instead of having the option to pursue a claim in court, can be costly. Most personal injury attorneys agree that claims brought before a judge or jury generally result in higher verdicts compared to those resolved through arbitration. Why? There are several reasons, but the general idea is that Uber or Lyft is going to be involved in the arbitration process a lot more than the person making the claim. As a result, the arbitrators have an incentive to make rulings favorable to Uber or Lyft so that Uber or Lyft will keep using the arbitration services.

What About Passengers Who Didn’t Order the Ride?

One area of legal uncertainty involves passengers in a rideshare who did not personally order the Uber or Lyft ride. For example, if a friend or family member orders the ride and you are injured as a passenger, then there is a question: Will courts hold that an arbitration agreement agreed to by the person who ordered the car extend to passengers? I think these could fall both ways depending on the court you happen to be in. Some courts will rule that you are subject to the arbitration agreement and some will find you’re not.

Injuries Caused by Uber or Lyft Drivers

If you are not a passenger in the rideshare vehicle but are injured by an Uber or Lyft driver-perhaps as a pedestrian or while driving your own car-arbitration agreements do not apply. In these cases, you probably retain the right to take legal action in court.

However, there is one issue that will frequently come up with courts: What if you were hit by an Uber or Lyft driver (so you didn’t order the car in this case), but you have used Uber or Lyft for other rides and have agreed to their terms of service stating that you will agree that all claims you have against Uber or Lyft will be decided by arbitration? Does that arbitration agreement extend to your claims when you’re hit by an Uber or Lyft driver? I don’t think we know yet how those claims will shake out throughout the country.

Third Party Wrecks

These arbitration clauses only cover claims where the Uber/Lyft driver contributed to the wreck. If you’re in an Uber or Lyft and some third party causes the wreck, you can sue the third party without being subject to arbitration.

Why You Need an Experienced Attorney

Rideshare accident claims are complicated. If you don’t understand the ins and outs of their agreements or the basics of making a claim, then you are hurting the value of your claim. That’s why it’s crucial to work with an experienced personal injury attorney who understands the nuances of rideshare accident cases.

If you’ve been injured in an accident involving an Uber or Lyft or other rideshare company, give us a call. We’ll talk about your claim, and if we can help you, then we’ll help you get the compensation you deserve.