Filing a Rideshare Accident Lawsuit in Oregon: Your Legal Rights Explained

Rideshare services like Uber and Lyft offer a convenient alternative to taxis and public transportation. In fact, a recent annual report in the US showed that revenue from ridesharing was twice as high as revenue from taxis. Unfortunately, with the rise in rideshare usage, accidents involving these vehicles have also increased. 

Accidents involving rideshare vehicles can be complicated when it comes to determining liability and seeking compensation. Rideshare companies and drivers are required to carry liability insurance policies to cover those injured in collisions. However, it is not always easy to recover compensation after an accident involving a rideshare vehicle. 

In this article, we will discuss the process of filing a rideshare personal injury lawsuit in Oregon, explaining your rights, the claims process, and what to expect. If you or a loved one has been harmed in a motor vehicle accident involving a rideshare vehicle, Johnston Personal Injury Law Firm can help you recover the compensation you deserve. Contact us today to schedule a free consultation.

Who Is Liable in an Oregon Rideshare Accident?

In a rideshare accident, there may be multiple parties involved, including:

• The rideshare driver: If the driver was negligent or reckless, he or she may be liable 
• The rideshare company: The rideshare company may be required to provide insurance coverage, depending on the driver’s status at the time of the accident
• Another driver or third party: If another driver caused the accident, his or her insurance coverage may be responsible for your damages
• Vehicle manufacturers or municipalities: If a defective vehicle part or poorly maintained roads contributed to the accident, a manufacturer or government entity may be liable

Oregon follows a fault-based system, meaning that the party responsible for causing the accident is liable for damages. However, since Lyft and Uber drivers are considered independent contractors rather than employees, rideshare companies typically try to limit their liability. 

Insurance Coverage for Uber and Lyft Drivers in Oregon

Oregon law requires Uber and Lyft drivers to carry auto insurance. However, coverage depends on whether the driver was logged into the app and if he or she had a passenger at the time of the accident.

The driver was not logged into the rideshare app

The driver’s personal auto insurance coverage applies. Uber and Lyft’s coverage does not apply at this point. 

The driver was logged in, but no passenger was assigned

Uber and Lyft provide liability coverage for:

• $50,000 per person for bodily injury
• $100,000 per accident for bodily injury
• $25,000 for property damage

The driver accepted a ride or had a passenger

Lyft and Uber provide $1 million in liability coverage, which includes:

• Third-party liability
• Uninsured/underinsured motorist coverage
• Contingent comprehensive and collision coverage

Steps to Take Following an Oregon Rideshare Accident

If you are involved in a Lyft or Uber accident, take the following steps to protect your legal rights:

• Call 911 and seek medical attention: Even if your injuries seem minor, a medical evaluation is important for your health and documenting your personal injury claim.
• Report the accident: Call 911 and file a police report. Also, you should report the crash to the rideshare company through their app.
• Gather evidence: Take photos of the accident scene, vehicles, injuries, and any road conditions that may have contributed to the incident. Collect witness statements and obtain contact information. 
• Exchange information: Get the names, insurance details, and contact information of all drivers involved. 
• Do not admit fault: Avoid making statements that could be used against you later.
• Preserve records: Keep all medical records, repair estimates, rideshare trip details, and correspondence with insurance companies. 
• Consult a personal injury lawyer: Rideshare accident claims can be complicated due to multiple insurance policies and liability disputes. A rideshare accident attorney can help you maximize your compensation. 

Filing an Insurance Claim Following an Oregon Lyft or Uber Accident

Before filing a rideshare accident lawsuit, you typically start pursuing compensation by filing a claim with the appropriate insurance company. Your personal injury attorney can help you file a claim with the right insurer. 

The right insurance provider may be:

• The rideshare driver’s personal insurance
• The rideshare company’s insurance (Uber or Lyft)
• The at-fault driver’s insurance

Once you submit your claim, the insurance company will investigate and either approve or deny your claim. 

What Is Involved in Filing a Rideshare Accident Lawsuit in Oregon?

If you are unable to settle your rideshare accident claim with the insurance company, your lawyer may recommend filing a lawsuit. Let’s discuss what to expect during the legal process. 

1. Determining the legal basis for your lawsuit

Your personal injury lawsuit may be based on:

• Negligence: Proving that the rideshare driver, another driver, or a third party acted negligently, causing your injuries
• Product liability: If a vehicle defect contributed to the accident
• Employer liability: Holding Uber or Lyft responsible under specific circumstances

2. Filing a claim within Oregon’s statute of limitations

In Oregon, you typically have 2 years from the date of the rideshare accident to file a personal injury lawsuit. However, if a government entity is involved (such as a claim against the city for hazardous road conditions), you may need to file within 180 days. 

3. Calculating damages

Your Uber and Lyft accident lawyer can help you accurately assess the full extent of your damages. 

Recoverable damages may include:

• Medical expenses: Compensation for past and future medical bills related to the accident
• Lost wages: Compensation for time missed from work due to your injuries
• Pain and suffering: Damages for physical pain, emotional distress, and loss of enjoyment of life
• Property damage: Repair or replacement of your vehicle or personal belongings
• Wrongful death damages: If a loved one was tragically killed in a rideshare accident, you could seek compensation for funeral costs, emotional suffering, and other losses

4. Filing a complaint

Your rideshare attorney will draft and file a legal complaint with the appropriate Oregon court. 

Details included in the complaint letter include:

• The parties involved
• The cause of the rideshare accident
• The damages suffered
• The compensation you are seeking

5. Beginning the discovery process

Both parties exchange evidence and conduct depositions, which are sworn statements from witnesses and experts. This phase of the lawsuit helps build a strong case for ongoing settlement negotiations or going to court. 

6. Continuing settlement negotiations

Even after a lawsuit has been filed, most personal injury cases settle before going to trial. Your rideshare accident lawyer will continue trying to negotiate with the at-fault party to reach a fair settlement that covers all your losses. 

7. Going to trial (if necessary)

If a settlement agreement cannot be reached, your rideshare accident case will proceed to trial. A judge or jury will review the evidence and determine the appropriate compensation. 

Why You Should Hire an Oregon Personal Injury Lawyer for Your Rideshare Accident Case

You may be entitled to compensation if you have been injured in an Uber or Lyft accident, whether as a passenger, driver, or pedestrian. However, pursuing a claim against a rideshare company, its driver, or another party involved can be challenging without legal representation. 

Consider some reasons why hiring a personal injury lawyer is crucial for your rideshare accident case:

• Understanding rideshare laws and insurance policies: A lawyer can determine which insurance policies apply to your case and ensure that you receive the maximum compensation available. 
• Determining liability in a rideshare accident: Establishing liability requires a thorough investigation. A rideshare accident attorney will handle this process for you and build a strong case against the responsible parties. 
• Negotiating with insurance companies: Insurance companies often try to minimize payouts by shifting blame, downplaying injuries, or offering low settlements. Without legal representation, you may be pressured into accepting an inadequate offer. 
• Proving the full extent of your damages: To secure the compensation you deserve, you need to prove the extent of your injuries and financial losses. A lawyer will gather medical records, consult experts, and document your pain and suffering to strengthen your case.
• Filing a rideshare accident lawsuit: Your personal injury attorney will handle all legal proceedings, ensuring you meet critical deadlines and follow court procedures. He or she will fight for your rights in court and present a compelling case to a judge or jury if needed. 
• Maximizing your compensation: Without legal representation, you may not be aware of all the damages you are entitled to receive. A lawyer will calculate both economic and non-economic damages, ensuring you don’t settle for less than you deserve. 

Contact an Experienced Oregon Rideshare Accident Lawyer Today

If you have been injured in a rideshare accident in Portland or anywhere in Oregon, don’t navigate the legal complexities alone. Since rideshare companies like Uber and Lyft often have aggressive legal teams, it is important to have an experienced personal injury attorney advocating for your rights. 

Hiring a skilled rideshare accident attorney can make a significant difference in the outcome of your case. Our legal team has many decades of combined experience in successfully handling personal injury cases in Oregon. Let us help you get the compensation you deserve.

We offer all potential clients a free, no-obligation consultation and take all cases on a contingency fee basis. Contact us today to schedule a free consultation to discuss your case.