A student murdered by a killer posing as an Uber driver. A man brutally attacked by a DoorDash delivery driver. Despite the proliferation of ridesharing and delivery app services over the past few years, these types of stories appear to be a relatively new phenomenon.
For individuals and families struggling to cope with these types of attacks, and for drivers and passengers injured in collisions involving drivers working for companies like Uber, Lyft, DoorDash and Postmates, taking legal action can be an important step in the recovery process. But, due to the relative novelty of ridesharing and delivery app services – combined with the fact that the companies behind these apps treat their drivers as independent contractors (rather than employees) – filing a successful claim can present some unique challenges.
Here are some key facts about seeking financial compensation for ridesharing and delivery app accidents and attacks in Colorado:
1. Rideshare and Delivery Drivers are Required to Carry Insurance
Under Colorado law, rideshare and delivery drivers are required to carry insurance. This insurance covers rideshare passengers, drivers and passengers of other vehicles, motorcyclists, bicyclists and pedestrians who are injured in accidents that are the rideshare driver’s fault. If the rideshare driver’s insurance coverage is inadequate (or if the driver is illegally uninsured), then victims may be able to pursue claims against the driver directly or file claims under their own uninsured/underinsured motorist (UIM) policies.
2. Companies Like Uber, Lyft, DoorDash and Postmates Carry Insurance, Too
Despite taking the position that they are not liable for drivers’ negligence and intentional acts, companies like Uber, Lyft, DoorDash and Postmates all carry sizable insurance policies to protect them in the event that they get sued. This insurance is also required by Colorado law. Furthermore, despite the fact that these companies have gone to great lengths to classify their drivers as independent contractors rather than employees, it may still be possible to hold them liable in some cases.
3. Proof of Negligence (or Intentional Unlawful Conduct) is Required
Whether you have a claim against a driver or against a rideshare or delivery app company, in order to recover just compensation, you need proof of fault. In legal terms, this means proving negligence (i.e. speeding or distracted driving) or proving intentional unlawful conduct (i.e. a physical or sexual assault). While there are various potential ways to prove fault after an accident or attack, in all cases, it is important to conduct an investigation as soon as possible.
4. An Experienced Personal Injury Lawyer Can Help
From conducting an investigation to negotiating with the insurance companies and taking your case to court, there are numerous ways that an experienced personal injury lawyer can help with your claim. The insurance companies and companies like Uber, Lyft, DoorDash and Postmates all have teams of defense lawyers, and you need someone on your side who can level the playing field. At Levine Law, our attorneys have decades of combined experience representing victims and their families, and we can use this experience to help you win the financial compensation you deserve.
Request a Free Initial Consultation at Levine Law in Denver, CO
For more information about how our personal injury lawyers can help you, please contact us to arrange a free, no-obligation consultation. To speak with an attorney at our Denver, CO law offices as soon as possible, call 303-333-8000 or tell us about your case online now.