Using a rideshare service like Lyft or Uber is a common practice for many people. Most people step into a vehicle, not thinking twice about how safe they are or how much experience the driver has. However, rideshare accidents can still occur, resulting in serious injuries and financial losses for victims. This may happen more often during heavy traffic, or when demand for the app is “surging” for some reason.
What Is Surge Pricing?
Surge pricing refers to the higher rates riders pay for service when demand for that service is high. For example, say an event is taking place at the local stadium. In the hour or so after the event, the demand for rideshare services increases substantially in that area. To accommodate the increased demand, the rideshare companies apply surge pricing. That means:
- Drivers are paid a bit more to provide services at that time, and
- The rider pays more for obtaining services at that time.
That means that more drivers are needed, so more people log in to provide services and earn more money.
What Surge Pricing by Rideshares Can Tell Us About Traffic Conditions
When surge pricing kicks in, it indicates a significant demand. It also (typically) means that there are more people on the road at that time. Roads may become crowded in the areas surrounding that location.
This also could mean that there are more inexperienced drivers behind the wheel. Some rideshare drivers only work during these surge events, whether they occur on a holiday, after an event, or at specific times on certain days (such as between 10:00 pm and 3:00 am on weekends). More cars and less experienced drivers typically translate into more dangerous roadways. This could indicate an increased risk of being in a car accident for riders.
What Happens If You’re Injured in a Rideshare Vehicle in Heavy Traffic?
When involved in an Uber or Lyft accident, act quickly to protect your rights.
In the Immediate Moments After the Crash
Right after a crash happens, take a moment to determine if you are hurt, get yourself out of the way of further harm, and call 911 for help. In these seconds, it can be hard to focus on anything else. However, if it is safe to do so, gather information that could help you later, such as:
- Photos of the accident damage to all vehicles, people, and property
- The name and contact information for the driver and any witnesses in the area
- Video of the surrounding area showing the road conditions, weather, and layout
Most importantly, seek medical care right away. Focus on your injuries and ensure you receive any necessary medical care. You will need to learn from the rideshare company about the accident, but refrain from filing a claim until you are confident of the value of your losses.
In the Weeks and Months After You Were Injured
Starting that day, begin tracking your losses and the implications the accident has on your life and needs. The more evidence you have, the better. Document all of the following:
- Any medical care, diagnosis, and costs you have related to your injuries
- Lost income, including wages, bonuses, retirement contributions, benefits packages, and other financial impacts
- Losses related to your emotional and mental health
- Damage to any personal property you have
- Implications for your quality of life, such as events you miss because of your injuries
Speak to a car accident attorney before you file a claim. As you work on your physical recovery, your attorney will work on helping you to calculate your claim and seek fair compensation.
Who Pays If You Are Injured in a Rideshare Vehicle During Surge Pricing?
Victims of serious rideshare accidents have the right to pursue compensation from the at-fault party. Who is at fault in your case depends on several key factors.
If You Were Traveling in the Rideshare Vehicle
Those who are traveling in a rideshare vehicle are receiving a service from the rideshare company. This means that the driver is logged into the rideshare app and has accepted your ride request. In these situations, Uber or Lyft’s liability insurance covers your losses up to policy limits. Both companies have insurance policies with significant coverage if a passenger is injured while the driver is logged in. In addition, you may be able to demand compensation from the other vehicle if a third party caused the crash.
If You Were Injured in a Collision With an Off-Duty Vehicle
There are some situations in which the rideshare company may not be liable for your losses. If you were hurt by a driver who was waiting to pick up a ride or an operator who was not even logged into the app, then the rideshare company is not responsible for your losses.
For example, suppose you are a pedestrian, cyclist, or motorcycle operator who is struck by an Uber driver waiting to accept a ride. In that case, the driver’s personal liability insurance covers your losses.
Does Insurance Coverage Change When You’re Traveling During Surge Pricing?
There is no direct impact on the amount of available insurance coverage during surge pricing. Instead, this figure represents the cost of obtaining a ride. Insurance companies cover their rideshare drivers with the same policies and limits, regardless of whether surge pricing is in effect.
Is It Worth Calling a Car Accident Lawyer After a Crash in an Uber or Lyft?
If you are in a Lyft or Uber accident and you have substantial injuries, it is worth calling an attorney to investigate your case and determine what your fair level of compensation is. There is generally no cost for a consultation, but it can help you ensure you are treated fairly.
Disclaimer: This article provides general information and is not a substitute for legal advice. The information presented here about insurance coverage, liability, and legal action may vary based on individual circumstances. Always consult a qualified attorney to discuss your specific situation.