Rideshare apps like Uber and Lyft have become a go-to option for many people. While these services have made traveling easier, they are also prone to risks. Accidents can happen, leaving passengers, drivers, and others involved in a complex web of questions and concerns.
Who is responsible? What steps should you take? Well, we’ll be exploring all of that in this blog. Here’s what happens after a rideshare accident and the legal protections available to you.
Immediate Steps After a Rideshare Accident
If you’re in a rideshare accident, whether as a passenger, driver, or someone else involved, the first few moments are critical.
Here’s what you should do:
- Check for Injuries
Your safety and health are the top priority. Assess your condition and check on others. If anyone is injured, call 911 immediately. - Contact Emergency Services
Even if no one seems hurt, it’s wise to call the police. A formal report will document the accident, which can be useful for insurance claims or legal disputes. - Gather Information
Collect details from everyone involved, including the rideshare driver’s name, their rideshare company, license plate number, and contact information. Don’t forget to get the names and contact details of any witnesses. - Document the Scene
Use your phone to take pictures of the vehicles, the accident scene, and any visible injuries. These can be vital pieces of evidence later.
Understanding Liability in Rideshare Accidents
Determining liability in a rideshare accident can be more complicated than in standard car accidents. Liability often depends on whether the driver was actively using the rideshare app at the time of the accident.
If the driver was off duty (not logged into the rideshare app), their auto insurance policy is responsible for covering the damages. However, when the driver is on duty without a passenger, the rideshare company’s contingent liability coverage may apply. This coverage acts as a secondary policy, supplementing the driver’s insurance but only up to specific limits.
When the driver is on duty with a passenger, the stakes are higher. In these cases, rideshare companies like Uber and Lyft typically provide primary liability coverage, offering up to $1 million for injuries and property damage.
Rideshare-related car accident liability insights also reveal that legal disputes can arise when insurance companies disagree over fault or coverage limits. Thus, consulting with an experienced attorney can help clarify liability and secure the compensation you deserve.
Rideshare Company Insurance Policies
Rideshare companies like Uber and Lyft have specific insurance policies to cover accidents involving their drivers. Here’s a breakdown:
- Contingent Liability Coverage
This kicks in when the driver is online but hasn’t accepted a ride request. It typically offers up to $50,000 per person for bodily injury, $100,000 per accident for bodily injury, and $25,000 for property damage. - Primary Liability Coverage
Once a driver has accepted a ride or has a passenger in the vehicle, the company’s full insurance policy comes into play. This can include up to $1 million in liability coverage for injuries and property damage. - Uninsured/Underinsured Motorist Coverage
If another driver causes the accident and doesn’t have sufficient insurance, rideshare companies often provide coverage to protect passengers and drivers.
Legal Protections for Passengers
As a passenger in a rideshare vehicle, you’re in a unique position. If you’re injured in an accident, you have legal protections under the rideshare company’s insurance.
Regardless of whether the rideshare driver or another motorist was at fault, you can file a claim to cover medical expenses, lost wages, and more.
What About Drivers?
Rideshare drivers are classified as independent contractors, which means they’re responsible for their own vehicle maintenance and insurance.
However, when they’re working, the rideshare company’s insurance may supplement their coverage. Drivers need to understand the limits of this coverage and know when it applies.
Challenges Victims Face
Filing a claim after a rideshare accident isn’t always straightforward. Here are some common hurdles:
- Disputes Over Fault
Insurance companies may argue over who is responsible for the accident, especially if multiple parties are involved. - Insurance Delays
Even when liability is clear, insurance companies may delay processing claims, leaving victims in limbo. - Legal Complexity
Rideshare accident laws vary by state, and understanding your rights can be overwhelming without legal guidance.
When Should You Contact a Lawyer?
If you’re injured in a rideshare accident, consulting an attorney is a smart move. An experienced lawyer can help you navigate the complexities of rideshare insurance policies, negotiate with insurers, and represent you in court if necessary.
They can also ensure that you receive fair compensation for medical bills, lost wages, and other damages.
How Long Do You Have to File a Claim?
The timeframe for filing a claim after a rideshare accident depends on your state’s statute of limitations. In many states, you have two to three years to file a personal injury claim. Acting quickly ensures that you don’t miss out on your right to seek compensation.
The Bottom Line
Rideshare accidents are often more complicated than regular car accidents due to the involvement of multiple parties and insurance policies.
Knowing your rights and understanding the legal protections available can make a significant difference in your recovery process. If you’re unsure about your next steps, seeking legal advice is always a wise choice.