Under Oklahoma law, if you’ve been hurt in a rideshare accident, like Uber or Lyft, you have the right to seek payment for your injuries and all the ways the crash has cost you.
But how does it work? Who pays for your medical bills and lost time from work? The answer depends on what the driver was doing when the crash happened. Were they waiting for a ride request? Were you already in the car? Each scenario triggers a different insurance policy, with different limits.
We know that untangling legal rules and deadlines is the last thing you want to do while you’re trying to heal. If a rideshare accident has turned your life upside down in Oklahoma City, our Oklahoma City rideshare accident lawyer can help. Call Carr & Carr Injury Attorneys at (405) 691-1600 for a free consultation. We’ll figure out the insurance hassles so you can focus on getting better.
Why Choose Carr & Carr Injury Attorneys?
For over 45 years, our practice has focused on one thing: helping injured Oklahomans. We have a deep well of experience in handling complicated injury claims, including those involving powerful rideshare companies like Uber and Lyft. Our roots in Oklahoma run deep. We aren’t some firm halfway across the other side of the country; we’re your neighbors, and we’re invested in the well-being of our community.
We work on a contingency fee basis. This means you pay us nothing unless we win your case. Our purpose is to remove the financial strain from your shoulders, allowing you to pour your energy into recovery. We provide:
- Free Case Reviews: We will assess your case at no charge and explain your legal options in straightforward language.
- No Win, No Fee: You will not receive a bill from us unless we obtain compensation for you.
- Direct & Personalized Attention: You will have a dedicated legal team that knows you by name and understands the specifics of your case.
Our Oklahoma City office is located at 1350 SW 89th St, Oklahoma City, OK 73159, right at the corner of 44th & Western and just a short drive from the I-240 highway. We are here to offer the support and clear guidance you need.
What Kinds of Injuries Happen in Rideshare Wrecks?
A car crash sends a violent shock through the body, and the injuries aren’t always visible right away. Some pain builds over days or weeks. It’s important to get checked out by a doctor, even if you feel fine at first. Common injuries we see include:
- Whiplash: This is more than just a sore neck. The force of a collision can snap your head back and forth, damaging the soft tissues in your neck. Symptoms like headaches, dizziness, and pain that radiates to your shoulders can appear days later.
- Concussions and Brain Injuries: Your brain can be jolted inside your skull during a crash, leading to a concussion. You don’t have to lose consciousness to have one. Watch for confusion, memory issues, or changes in your vision.
- Fractures and Broken Bones: The impact can easily break bones in the arms, legs, or ribs. These injuries are painful, require significant medical treatment, and can keep you out of work for a long time.
- Soft Tissue Injuries: This refers to damage to your muscles, ligaments, and tendons. These injuries, like sprains and strains, can cause persistent pain and limit your movement.
- Cuts and Bruises: Broken glass and impact with the car’s interior can cause deep cuts and significant bruising. While some are minor, others can lead to scarring or signal more serious internal injuries.
Recovering Your Losses After the Accident
The goal of a personal injury claim is to secure financial stability for you, covering every cost and loss the accident forced upon you.
Economic Damages: The Hard Costs
These are the concrete, calculable expenses you’re facing.
- Medical Bills: Every single cost, from the ambulance ride and emergency room visit to surgery, medication, and the physical therapy needed to learn to walk again.
- Lost Wages: The income you’ve already lost because you couldn’t work, plus the wages you may lose in the future if your injuries have long-term effects on your ability to do your job.
- Property Damage: The cost to fix or replace your vehicle if you were hit by the rideshare driver.
Non-Economic Damages: The Human Cost
These losses are intangible. They don’t have a price tag, but they affect every aspect of your life.
- Pain and Suffering: This accounts for the physical pain and emotional distress you’ve been forced to endure.
- Loss of Enjoyment of Life: This addresses your inability to do the things you once loved, whether it’s playing with your kids, gardening, or going for a run.
How Oklahoma’s Negligence Law Impacts Your Claim
Oklahoma uses a “modified comparative negligence” rule. In simple terms, it means that if you are found to be partially at fault for the accident, the amount of money you can recover is reduced by your percentage of fault.
For example, if a jury awards you $100,000 but decides you were 20% at fault, your award is cut to $80,000. But there’s a sharp edge to this rule.
If you are found to be 51% or more at fault, you are barred from recovering any money at all under Oklahoma law.
Where Do Most Rideshare Accidents Happen in Oklahoma City?
While a crash can occur on any street, some parts of Oklahoma City are well-known hotspots. High traffic volumes and complicated intersections create the perfect conditions for collisions. In a recent year, Oklahoma City saw 1,700 traffic accidents that resulted in injury or death.
We frequently see accidents in these high-traffic zones:
- Major Interstates: The tangled interchanges of I-40, I-44, I-35, and I-240 are common sites for serious wrecks, fueled by high speeds and constant merging.
- Northwest Expressway: Intersections like those at Pennsylvania Avenue and Rockwell Avenue are known for heavy traffic and complex light patterns.
- Downtown and Entertainment Hubs: Areas like Bricktown, with their high density of bars, restaurants, and event venues, naturally have more rideshare traffic, leading to more accidents, especially at night and on weekends.
- High-Traffic Corridors: Stretches of road like the Broadway Extension (US-77) and MacArthur Boulevard are often congested, increasing the risk of rear-end collisions and other crashes.
Who is Held Responsible in a Rideshare Crash?
Determining who pays for your injuries depends entirely on the driver’s status at the moment of the crash. It creates a three-tiered system of insurance coverage.
- The Driver is Offline: If the rideshare driver isn’t logged into the app, their own personal car insurance is the only coverage that applies. However, many personal policies deny claims if the driver was using their car for business.
- The Driver is Waiting for a Request: Once a driver is logged in and available, a limited insurance policy from the rideshare company kicks in. This typically provides $50,000 per person for injuries, $100,000 total per accident, and $25,000 for property damage.
- The Driver is on a Trip: The moment the driver accepts a ride or has you in the car, the rideshare company’s full $1 million liability policy is active. This policy is designed to cover injuries to you, people in other cars, and pedestrians.
Who Can Be Held Liable?
- The Rideshare Driver: If the driver’s carelessness caused the wreck, they are the primary at-fault party.
- The Rideshare Company (Uber/Lyft): The company could be held responsible in certain situations, for instance, if they failed to conduct a proper background check on the driver.
- Another Driver: If a different driver hit the rideshare vehicle you were in, their insurance would be the first place we look for compensation.
What if the At-Fault Driver Has No Insurance?
This is where Uninsured/Underinsured Motorist (UM/UIM) coverage becomes your financial safety net. Oklahoma law requires insurance companies to offer you this coverage, and it’s there to protect you when the at-fault driver either has no insurance or not enough to cover your bills. If you’re hit by an uninsured driver or a driver who flees the scene, we can file a claim against the UM/UIM portion of the rideshare company’s policy or your own auto insurance policy.
How to Strengthen Your Claim
While we handle the legal heavy lifting, there are practical steps you should take to protect your rights and build a stronger case.
- Follow Your Doctor’s Orders: Stick to your treatment plan exactly. This demonstrates to the insurance company that your injuries are real and require care.
- Keep a Journal: Document your daily pain, the challenges your injuries create in your life, and any activities you can no longer enjoy. This provides a powerful, human story of your experience.
- Save All Paperwork: Hold onto every bill, receipt, and co-pay stub related to the accident. This includes prescription costs and even the mileage for your trips to the doctor.
- Get the Police Report: This document is a foundational piece of evidence, offering an initial, official account of the accident.
- Stay off Social Media: Insurance adjusters will scrutinize your social media profiles, looking for any photo or post they can twist to argue your injuries aren’t as bad as you claim. The safest bet is to avoid posting until your case is resolved.
Important Deadlines You Can’t Miss
In the world of injury claims, time is not on your side. Oklahoma law sets strict deadlines for taking legal action.
For most personal injury cases, you have two years from the date of the injury to file a lawsuit. It sounds like a lot of time, but building a strong case takes a while.
However, the clock ticks much faster if your claim involves a government entity—for example, if a city bus was involved or the accident was caused by a poorly maintained road. In these cases, you typically have just one year to file a formal notice of your claim. If you miss this deadline, you lose your right to pursue compensation forever.
Frequently Asked Questions
What if the rideshare driver’s personal insurance denies my claim?
This happens frequently. Most personal auto policies contain a “business use exclusion,” which means they will not cover accidents that occur while the driver is working for a service like Uber or Lyft. This is precisely why the tiered insurance system provided by the rideshare companies exists.
Can I still file a claim if I was a passenger in the rideshare vehicle that caused the accident?
Yes. As a passenger, you bear no fault for the crash. You have the right to file a claim against the driver’s insurance and the rideshare company’s high-limit policy to cover your medical bills and other losses.
Do I need a lawyer if the insurance company seems cooperative?
Yes, it is always best to consult with a lawyer. Even if they appear friendly and helpful, their goal is still in direct opposition to yours. An experienced attorney knows the real value of your claim and will handle all negotiations to ensure you are not shortchanged.
How long will my rideshare accident case take?
The timeline varies a great deal. It depends on the severity of your injuries, how complicated the accident was, and whether the insurance company is willing to be reasonable. Some cases settle in a matter of months, while others, especially those that require a lawsuit, can take a year or more to resolve.
Let Us Handle the Fight
After a rideshare accident, your energy should be dedicated to one thing: your recovery. Let our team at Carr & Carr Injury Attorneys take on the legal burdens. We have the experience and the resources to stand up to massive corporations and their insurance carriers.
If you were injured in an Uber or Lyft accident in Oklahoma City, do not wait. Our Oklahoma City personal injury lawyer is ready to help. Call us today at (405) 691-1600 for a free, no-pressure consultation. We are here to help you find your footing and move forward.
Carr & Carr Injury Attorneys – Oklahoma City Office
Address: 1350 SW 89th St, Oklahoma City, OK 73159
Contact No: 405-691-1600