Denver Uber & Lyft Accident Lawyer
Ridesharing apps have changed the way people commute permanently. From a safe ride home after a night of celebratory drinks to a quick way to get across town to a meeting without worrying about finding a parking space, Uber and Lyft both offer an inexpensive, efficient, and safe way to get around without needing your own vehicle or relying on busy schedules.
While Uber and Lyft are both relatively safe ridesharing options, they do come with the same risk as getting behind the wheel yourself: there’s always a chance you’ll be involved in a car accident. What do you do if and when that happens? You will want to contact The Frickey Law Firm to preserve your rights to file an insurance claim or a lawsuit. 
Call The Frickey Law Firm today at 303-237-7373 to schedule a consultation and learn more about your legal rights and options.
What Are the Laws Governing Uber & Lyft in Denver?
Colorado’s Transportation Network Company Act (TNCA) contains the laws regarding ridesharing apps like Uber and Lyft. This law is exclusively for ridesharing apps that use digital apps to pair up drivers and passengers.
Colorado law 40-10.1-605 dictates the requirements drivers must meet to drive for Uber or Lyft in Denver and throughout Colorado. These requirements include:
- Colorado vehicle registration
- Valid driver’s license
- Proof of vehicle insurance
- A vehicle with four doors that can hold up to eight people
- Certified mechanic inspection of the vehicle
- Pass the background check
- Provide medical exam results that show the driver is fit to drive
One thing that is important to note is that the law does not require the driver to own the vehicle they are driving. If the driver rents or leases their vehicle, and the agreement does not allow for use with ridesharing apps, this may complicate claims from Uber or Lyft accidents. Therefore, it is important that you consider meeting with a rideshare accident attorney in Denver to learn more about your rights and how to get compensation if you are in an Uber or Lyft accident with a driver who rents or leases their vehicle.
Extra Requirements for Uber & Lyft Drivers in Denver
Colorado laws set the minimum requirements drivers must meet if they wish to drive for Uber or Lyft. However, both ridesharing services have their own additional requirements that drivers must meet.
Uber
Uber requires that drivers be at least 21 years of age to provide rideshare services. Additionally, they must have at least three years of driving experience if under 25 years old, or one year if over 25 years old. They must also have an in-state driver’s license.
Uber also requires that vehicles must be 16 years old or newer. They must also have no cosmetic damage or commercial branding and must have the original seat belts in working order. Driving for UberX, UberXL, or Select requires placing a decal on the vehicle so that passengers can easily identify it. A driver profile photo must also be provided.
Lyft
Lyft requires all drivers to be a minimum of 25 years of age. While they do not have requirements regarding cosmetic damage or commercial branding, Lyft does require that the vehicle be a 2009 or newer model with at least four doors and a minimum of five working seatbelts. The vehicle cannot be a taxi, stretch limo, or titled as salvage, nonrepairable, or equivalent classifications.
Additionally, Lyft requires its own background checks, medical clearances, proof of insurance, and a photo of the driver to be submitted before the driver can begin working.
Does Uber & Lyft Background Check Their Drivers?
Both Uber and Lyft screen their drivers for both their driving record and a criminal background check. Both have their own list of offenses that will disqualify a driver and their own requirements for how often a driving record and criminal background check is rerun.
Insurance Requirements to Drive for Lyft & Uber in Denver
Lyft requires their drivers to have auto insurance on their vehicles, as does Colorado law. Many personal auto insurance policies will not cover an accident that takes place when the vehicle is being used for a ridesharing service. Therefore, Lyft maintains third-party liability insurance that acts as primary coverage while a passenger is in the vehicle. This means that passengers will be covered by Lyft’s insurance if the Lyft driver is at fault in an accident. If the Lyft driver is at fault for an accident, this insurance will also cover the other driver’s medical bills and vehicle damage. If another driver is at fault, passengers would pursue compensation through the other driver first, but may also be able to file a claim with Lyft’s insurance.
Uber also requires that drivers have their own personal insurance policy while providing a policy that covers the vehicle while passengers are in it. Uber’s coverage is a bit more comprehensive than Lyft’s. Uber’s policy will cover medical bills for passengers regardless of who is at fault in the accident.
If you are a passenger who was involved in an Uber or Lyft accident, regardless of which driver was at fault, you may want to meet with an experienced Denver Uber and Lyft accident lawyer with The Frickey Law Firm so you can learn more about your legal options. 
Filing a Lawsuit after an Uber or Lyft Accident in Colorado
While both ridesharing companies have insurance policies, passengers in a Lyft or Uber accident may still need to bring a lawsuit under certain circumstances. For example, if the Lyft or Uber driver is not at fault, a passenger may need to file a suit if the other driver is at fault and they or their insurance company refuses to pay the claim appropriately.
You may also need to file a lawsuit if Uber or Lyft refuses to pay when the terms of their insurance policy indicate they should. Uber and Lyft drivers may also find they need to file a lawsuit if the other driver is at fault without enough insurance coverage and Uber or Lyft refuses to pay according to the terms of their underinsured or uninsured motorist coverage. Uber and Lyft drivers may also need to file a lawsuit against the other driver if the other driver is at fault, or against Uber or Lyft to ensure the driver is not held personally liable for their passengers’ damages.
What Should I Do If I’m in an Uber or Lyft Accident in Denver?
Being involved as a passenger in an Uber or Lyft accident may seem very different from being in an accident in other vehicles, but it is not. The same general accident tips apply. You should remain at the accident site and call 911. If anyone requires medical help, provide any assistance you can. While it is not required of passengers, collecting the names and contact information of all witnesses and involved parties will make filing a claim later much easier. Speak with the police when they arrive and confirm how to get a copy of the police report.
Additionally, you should file an accident report with Lyft or Uber as soon as possible. This is an important step in preserving your claim and ensuring that you receive any compensation you are entitled to.
How Does Uber or Lyft Involvement Affect the Claims Process After a Car Accident?
Colorado law is clear that the person who causes a motor vehicle accident is the person financially responsible for any provable damages resulting from that accident. Lyft and Uber both provide insurance in addition to the driver’s personal insurance, and both companies provide clear details about when and how their insurance applies. How Uber or Lyft involvement affects the claims process is dependent on whether the driver was actively working at the time of the accident.
Driver Is Not On Duty
If the Uber or Lyft driver was off-duty and driving their vehicle for personal reasons, the accident is no different than any other accident between two drivers. Lyft or Uber will not be involved at all.
Driver Is On Duty
If a Lyft driver is on duty, Lyft’s insurance applies based on whether the driver is waiting for a ride request, is en route to pick up their passenger, or is driving the passenger to their destination. In each instance, the Lyft app must be on for Lyft’s insurance to apply.
Uber’s insurance applies in essentially the same way as Lyft’s. There are specific levels of coverage based on whether the driver is waiting for a passenger, driving to pick up the passenger, or taking the passenger to their destination. 
What If It Is Unclear Whether the Driver Is On or Off Duty?
If an Uber or Lyft driver refuses to provide a clear answer about whether they were on or off duty, you may want to speak with a Denver rideshare lawyer. One of our experienced Colorado rideshare attorneys can speak with the other driver and the rideshare company and try to determine the driver’s status at the time of the accident so you will know who to file your claim with.
Steps to Establish a Claim If You Are in an Uber or Lyft Accident
The steps to establishing a claim in an Uber or Lyft accident are very similar to those of any other accident claim.
First, you will need to prove the Uber or Lyft driver was at fault. This may include collecting evidence that the driver was engaging in reckless driving activities, such as texting, speeding, driving while intoxicated or fatigued, ignoring a traffic signal or sign, or poor or negligent driving or vehicle maintenance.
The second step is proving that you have damages from the accident. For passengers, this means proving your economic damages with medical bills, lost wages, and any significant physical impairment or disfigurement you may have suffered. You may also be able to ask for noneconomic damages, such as pain and suffering, inconvenience, loss of enjoyment of life or minor impairments. If you are the driver of another vehicle, you will also be able to claim property damage to your vehicle.
The final step is proving the Uber or Lyft accident caused your damages. This starts with the police report. It is important to make sure the police include that the Uber or Lyft vehicle is a rideshare vehicle, not a commercial vehicle. You will also want to keep track of all medical visits related to the accident so you can be compensated for all medical bills. If you were driving your own vehicle, you would also want to get estimates for vehicle repairs.
What Else Should I Know About Uber or Lyft Accidents?
Colorado’s law states that Lyft and Uber drivers cannot spend more than 12 consecutive hours in driver mode in a single day nor can they drive more than 16 hours without an 8-hour break in a single day. Additionally, they cannot drive more than 70 hours in one week.
Uber also limits its drivers even more. Uber’s new rule as of November 2023 states that drivers cannot drive more than 12 hours in a 72-hour period. They will be automatically disconnected for six consecutive hours once they have driven 12 hours in a 72-hour period. Time spent waiting for a ride request does not count toward drive time.
Lyft’s rule is identical, except that Lyft will log drivers out after 12 hours of driving, whether that is one day, 72 hours, or a full week. Lyft prevents drivers from logging in after 12 hours of driving until they have taken a break for six consecutive hours.
If you were injured in an accident with a Lyft or Uber driver, and believe that they may have been driving beyond the limits allowed by the rideshare company or Colorado law, you may want to discuss your legal options with a Denver Uber or Lyft accident lawyer at The Frickey Law Firm.
How Can a Denver Lyft or Uber Accident Lawyer Assist Me?
Whether you are a driver or passenger, if you have been in an accident with an Uber or Lyft driver, you are entitled to compensation for your injuries and property damage. Understanding the complexities of which insurance should pay and how much they should pay can be difficult for those who do not deal with these claims on a regular basis. At The Frickey Law Firm, we manage claims like these regularly and are very familiar with the claims process. We can help you collect evidence, understand your rights, and fight for the compensation you deserve. Call our office today at 303-237-7373 to schedule a consultation and learn more about your legal rights and options.