Not Wearing Seatbelt in Uber / Lyft Car – Can I Sue for Injuries?

There is no disputing that seatbelts save lives in the event of a motor vehicle crash. According to the National Highway Safety Administration, there were 22,215 fatalities resulting from car accidents in 2019. Of those occupants, 47% of them were not wearing a seatbelt. In spite of these numbers, many people take the chance of not clicking on their seatbelt when they get into a car. Most of these people are passengers, who feel that their chance of being injured is lower than the driver’s. While this is true, a car crash often results in serious injuries, no matter where you are sitting. Unfortunately, some people come to this realization too late, and find themselves struggling to deal with the aftermath of their accident.

If you have injured while riding in an Uber or Lyft car without a seatbelt, you are probably worried about your legal options. You may be asking yourself, “Can I file a lawsuit if I wasn’t wearing my seatbelt in an Uber / Lyft vehicle?”

To answer this question, we will need to review California’s seatbelt laws regarding rideshare passengers. Furthermore, we will explore the injury coverage offered by Uber and Lyft’s insurance companies, and the types of damages you can recover from a rideshare accident lawsuit. However, the information we provide should only be used for general purposes. For questions that are specific to your own case, please call our office and schedule a free consultation with one of our lawyers.

California Seatbelt Laws for Uber and Lyft Passengers

According to California’s seat belt laws, motorists are not allowed to operate a vehicle unless everyone in the car that’s over 16 years old is wearing a seat belt. The car owner is responsible for ensuring that all seat belts are in working order, and that applies to rideshare drivers as well. On the other hand, there is no seat belt requirement for passengers of “vehicles for hire.” Vehicles for hire traditionally referred to taxis, limousines, carriages, and party buses. But rideshare cars were added to the list in recent years, meaning you do not have to wear a seatbelt as an Uber / Lyft passenger.

It is, of course, in your best interest to wear a seat belt. They are proven to save your life during a car crash or minimize the extent of your injuries. But if you’ve been hurt in an accident, your right to compensation is not invalidated by your decision to not wear a seat belt. On the other hand, making a case for damages can be challenging, as insurance companies will use any reason they can to deny a claim or pay as little as possible. A skilled rideshare injury attorney can help you determine a fair amount to ask for and present a solid case to justify your request. Contact Normandie Law Firm and learn about your rights as Lyft or Uber accident injury victim.
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Can I Sue for Injuries if I was not Wearing my Seatbelt in an Uber Vehicle?

Uber offers up to $1 million in insurance coverage for passengers who are injured during their ride. This coverage kicks in once the customer is being driven to their destination. The $1 million coverage also applies when the driver is on their way to pick up another passenger (Uber Pool rides). So if you are injured during the ride to pick up a passenger, you are also covered under the $1 million coverage.

However, claimants can run into problems if they weren’t wearing a seatbelt during the ride. As stated above, rideshare passengers are not required by law to wear a seatbelt under California’s vehicles for hire laws. But the insurance company can argue that you would not have been injured had you worn a seatbelt, or that your injuries would not be as bad. As a result, they may say that you are not owed the full value of your claim since you were partially responsible for your injuries.

Victims often fall for the insurance company’s tactics and drop their claim, or end up with much less compensation than they deserve. That’s why it’s so important to have an experienced rideshare accident lawyer by your side. If you’d like to learn more about the damages you can recover from an Uber accident, contact our office and speak to one of our attorneys.

Can I Sue for Injuries if I was not Wearing my Seatbelt in a Lyft Vehicle?

California laws do not mandate seatbelts for Lyft passengers, though they are certainly encouraged to buckle up. Just like Uber, Lyft passengers are covered by $1 million of insurance coverage while they are being driven to their destination. You are also covered if the Lyft vehicle is on its way to pick up another passenger, or driving that passenger to their destination (Lyft Shared rides).

If you were not wearing a seatbelt during your ride, you may face resistance from Lyft’s insurance company. They may reject your claim outright or try to minimize your payment by saying you are partially responsible due to your decision to not wear a seatbelt. This is known as “comparative negligence,” and it may factor into the amount you are entitled to. However, your right to damages is not invalidated by your decision to not wear a seatbelt.

Lyft will most likely put up a fight and do their best to pressure you into a settlement. A Lyft accident lawsuit attorney can review the insurance company’s offer and fight for the full value of your losses.

What can I Recover from an Uber / Lyft Accident Lawsuit?

Various forms of compensation may be available to your as an injured passenger in an Uber or Lyft car. An experienced California rideshare attorney can verify which damages you are eligible for, which may include:

• Medical bills
• Lost wages / lost earning capacity
• Pain and suffering
• Property damage
• Legal fees

Lyft or Uber’s insurance company may try to deny you some of these damages, so it’s best to work with a knowledgeable rideshare attorney right from the start. Even if you were not wearing a seat belt during the ride, you are entitled to seek compensation for your injuries. Call the lawyers of Normandie and get started on a Lyft or Uber accident claim.

How long do I Have to File an Injury Claim?

All injury claims have a statute of limitations, which is the amount of time you have to seek compensation from the responsible party. In California, you have 2 years from the date of your Uber or Lyft accident to file an injury claim. If the injury is not detected right after the accident, the statute of limitations is 2 years from the date that the injury was discovered.

You must take action right away to ensure that you are within the statute of limitations. If you miss the 2-year deadline, you will lose the right to file a lawsuit. Extensions can be granted in certain situations, for example, if you were mentally or physically incapacitated as a result of the accident. However, most victims will not qualify for an extension, meaning they will miss out on the funds that are needed for their recovery. To protect yourself from this predicament, give us a call right away. Our lawyers will complete the paperwork needed for your claim and ensure that everything is filed on time.

Free Second Opinion

Have you spoken to a lawyer already and were told that you don’t have a case because you weren’t wearing a seatbelt? Have you received an offer from the insurance company, but feel like your case is worth more? If you’ve been turned down by other lawyers or find yourself second guessing your attorney, please schedule a free second opinion with the lawyers of Normandie. Second opinions are not just for medical issues. You can also turn to another lawyer if you’re not getting the help you need from your own attorney.

After speaking with us, you can decide if we’re the kind of law firm you want to work with. If not, we’re happy for the chance to provide you with legal advice, free of charge. But if you’d like for us to handle you case, we will take immediate action on your claim for compensation. If you have a lawyer already, we will take all the necessary steps to transfer your case to our law firm. So there’s nothing for you to do except to make that call and schedule your free second opinion.

We look forward to representing you and recovering the damages you’re entitled to.

The Rideshare Accident Lawyers of Normandie

Ridesharing has made many positive contributions to society, and it’s hard to imagine a time before you could order a ride with a few swipes on your cell phone. But every invention has its down side, like an increase in car accidents that can injure passengers and fellow motorists. Recovery from a car accident does not come cheap, which is why victims must file an injury claim with Uber or Lyft’s insurers. The process is more challenging when passengers fail to wear a seatbelt, but they are not ineligible for compensation in the state of California.

If you were not wearing a seatbelt in an Uber or Lyft vehicle that got into an accident, please don’t hesitate to reach out to us. We have been recovering Uber and Lyft accident payments for over two decades, and know what it takes to reach a fair settlement agreement. As for legal fees, you won’t have to worry about that since we work on contingency. Our Zero fee guarantee means you never pay upfront for our services. We only get paid by winning your case; otherwise, we eat the costs.

Don’t wait to claim the compensation you need to recover from your accident. Call Normandie Law Firm to learn about your rights and legal options.