In the last ten years, it has become commonplace for commuters and travelers alike to use ridesharing services like Uber and Lyft. As with many transportation services, accidents have become an unavoidable part of the ridesharing experience. These accidents are different from other motor vehicle accidents in that the seemingly at-fault drivers may be covered not only by their own insurance policies but also by the insurance policies of their ridesharing employers. Here’s what you need to know about ridesharing accidents, including how you can be compensated should you fall victim to an accident.
When you hire a skilled car accident lawyer, from My Rights Law, you could get up to ten times more then the original insurance offer. The car accident lawyers at My Rights Law are dedicated to helping people injured by rideshare accidents receive the maximum compensation possible. If you have been in an Uber or Lyft accident, give us a call now for a free rideshare accident case evaluation. Most cases are on a contingency fee basis, which means we don’t charge attorney fees unless we obtain monetary compensation for you and your family. Call us today at (909) 340-2000 or leave a message on our secure contact form for a free consultation.
Companies like Uber and Lyft have become household names over the last few years. These companies are in the business of ridesharing. What this means is that they hire drivers who use their own vehicles to give customers rides. These companies operate similarly to cabs: pick people up and drop them off. A big difference is that instead of calling a dispatcher for a cab, the customer uses an app on their phone to get the ride. Unlike cabs, ridesharing services hire drivers who might only be minimally involved in the transportation business and who might not have any proven records of driving safely. Because of this, these drivers may experience higher rates of accidents than experienced cab drivers.
Immediately following any accident, you should first seek medical treatment if you require it. If at all possible, prior to getting medical treatment, take videos, photos, and notes of the conditions of the accident. Get the name and insurance information of everyone who might have had a hand in the incident. If your Uber or Lyft driver has not already called the police, then you may want to call them to ensure that the incident is properly and timely reported. Typically, responding officers will generate a police report containing important information about the crash, including the names, addresses, and insurance coverage held by those who are involved in the incident. You’ll likely need to rely upon that report when you are pursuing compensation for your injuries.
A good rule of thumb is to avoid speaking to other people who are involved in the accident aside from asking if they are okay and if you should call an ambulance. This is the case even if you believe that you are at fault. For all you know, the accident might be someone else’s fault.
Passengers in ridesharing vehicles should also familiarize themselves with the ridesharing company’s terms of service prior to getting into vehicles. Those terms contain important details concerning your rights when involved in a crash while using the service.
In order to receive compensation for being injured in a ridesharing accident, you must first determine who to sue and which insurance coverage is on the table. This can be a complex process, especially if there are multiple people involved.
In most states, all drivers are required to carry insurance (or proof of financial responsibility) when operating their vehicle. If a ridesharing driver is not using the app and causes your accident, then the insurance coverage that they maintain in their individual capacity applies (e.g., you are a pedestrian or another driver who is struck by the driver while they are not using their app). This means that if a driver is operating their ridesharing vehicle for personal reasons at the time of the accident, and they are not using the app at the time, then you cannot turn to their ridesharing insurance coverage to cover the cost of your injuries.
In most cases, if you are involved in a ridesharing accident, then you are either the passenger in the ridesharing vehicle, or you are the driver of another car that is involved in the accident when the ridesharing driver was using the app. In these instances, when the ridesharing driver is at fault, the ridesharing company’s insurance comes into play.
If your accident is caused by someone other than the ridesharing driver, then you can sue that at-fault driver’s insurance company for your injuries. If that at-fault driver does not have insurance or is underinsured, then the ridesharing company’s uninsured policy might cover the cost of your injuries.
If the driver is offline, then their personal insurance coverage applies. If the driver is online and is standing by for a ride request at the time of the incident, then Uber’s third-party insurance coverage comes into play, covering damages for bodily injury and property damage. If the driver is picking someone up, then Uber’s third-party insurance coverage increases to $1,000,000 between bodily injury and property damage.
The ridesharing company should have a procedure in their terms of service that will guide you on how to make a claim for your injuries. Still, the process outlined in those terms may not be easy to comprehend and may cause you to waive certain rights. Because of this, it is recommended that you contact a personal injury attorney before moving forward with a claim.
Determining which insurance company is responsible for covering your losses may not be an easy task. Insurance companies are notorious for trying to shift responsibility onto one another. In the event that no insurance company approves of your claim, then you might need to get an attorney involved for purposes of fighting on your behalf against the insurance companies who are involved in your incident. It also may be necessary for you to sue the seemingly at-fault driver in their personal capacity.
If you are injured in a ridesharing accident, then your lawsuit may hinge on negligence. This means that for you to recover anything, you have to prove that the person who injured you owed you a duty of care (e.g., following the rules of the road), violated that duty of care, and their carelessness resulted in your injuries. Filing a negligence lawsuit should not be done without an experienced attorney. Hiring an attorney to represent you will help ensure that you secure the compensation that is necessary to make you whole.
Medical Bills
– The expenses that you incur in getting medical treatment may be recoverable through your ridesharing accident lawsuit. This includes emergency room treatment, ambulance bills, physical therapy, surgery, and rehabilitation.
Pain And Suffering – You are able to receive compensation for any pain and suffering that you have endured as a result of your injuries. The more severe your injuries, the more compensation you should expect to receive for pain and suffering.
Lost Wages – If your ridesharing injury causes you to be out of work, then you will lose money that you would otherwise make if you were not injured. An injury could derail your career if you are no longer able to return to work or you are no longer able to perform the duties that pertain to your profession. You could receive compensation for this.
Loss of Consortium – This type of compensation is applicable when your injury causes a loss of intimacy between you and your spouse or domestic partner. For example, if you are disfigured as a result of the accident, and this ruins your sex life with your spouse, then you deserve compensation for this.
Wrongful Death – States’ laws typically allow your spouse, domestic partner, or certain other loved ones to obtain compensation if you die because of the ridesharing accident. The law limits who can receive compensation under a wrongful death claim, so it is important that you consult with a personal injury attorney to see if you are eligible.
In most cases, you will have a short period from the date of the accident to sue. If you file a lawsuit after this period, then your case might be dismissed. However, an exception applies if you do not discover your injuries until a later point in time by no fault of your own. In this situation, once you discover your injuries, you have up to one year to file a ridesharing lawsuit.
If you have been injured in a ridesharing accident, then you should get medical attention first and then contact an experienced personal injury attorney who deals with ridesharing accident cases. At My Rights Law, our attorneys know how to hold drivers and their ridesharing companies accountable and to make them pay you for all of the injuries and damages that they have caused you. Call (909) 340-2000 or contact us online for a free consultation with one of our knowledgeable personal injury attorneys today.
This page was written, edited, reviewed, and approved by Bobby Shamuilian.
Attorney Shamuilian is the managing partner and founder of My Rights Law and is widely recognized as a legal authority, frequently appearing as a legal analyst and TV pundit on national news outlets.
He has earned a perfect “10.0 – Top Attorney” rating on AVVO and a “10.0” rating on Justia, and has been named among the “Top 40 Under 40” and the “Top 100 Trial Lawyers” by The National Trial Lawyers.
With his proven expertise and dedication, Mr. Shamuilian is committed to protecting your rights and achieving the best possible outcome for your case.
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