Over the past several years, the transportation industry has seen one of its most drastic changes with ridesharing apps such as Uber or Lyft. And they have been positive changes; just a few clicks on your smartphone brings a driver and their vehicle to you, essentially taking you to wherever you need to go. But because they fall in between personal and commercial driving, the question of who is liable should a ridesharing vehicle get into a car accident is an important one that needs to be addressed.
Getting into an accident with an Uber or Lyft driver can be a complex situation. Whether you were driving your own vehicle and the ridesharing driver caused the accident, or you were a passenger in the Uber or Lyft, you likely would have many questions concerning your rights as well as who is liable. Here are a few important things to know should these situations ever occur:
If you were riding in an Uber or Lyft as a passenger and you were injured in an accident, the same general insurance and liability rules would mostly apply, just like if you were in a passenger in any other vehicle. In most cases, the insurance of the ridesharing company will cover your injuries. Many states are now requiring ridesharing companies to have commercial liability insurance to cover accidents, and their insurance would apply in this case.
Although ridesharing drivers are still deemed as independent contractors other than ridesharing employees, the role has been somewhat changed over the years. In more recent incidents, Uber or Lyft will cover the accidents of their drivers if they are using the app and have a passenger, and will compensate them for their losses accordingly, just as any employer would for their employee.
If you are injured as a passenger in a rideshare accident, there are still a few things you must do to help with your personal injury claim, such as the following:
To get coverage for your injuries, either through the driver’s personal insurance or through Uber or Lyft’s coverage, you must show that your driver was at least partially at fault for the accident. To receive full compensation, it is best to just file claims with any person or insurance company who may be responsible and let the insurance companies negotiate.
Determining liability may be a bit more complex if you were driving a car or you were a pedestrian and a ridesharing driver hit you. This is because it may be difficult to determine if the driver is considered an employee or an independent contractor at the time of the accident. This is mostly done by figuring out if the rideshare driver was using the app to pick up a passenger or already had a passenger; if this was the case, they most likely will be considered an employee. If they were not using the app, they may be seen as any other driver, and their personal insurance policy would provide coverage. This is, of course, if the rideshare driver caused the accident.
If Uber or Lyft does not cover the driver under their policy, you would have to treat the accident as a normal car accident; you must gather evidence of your injuries and the accident to support your claim.
Ridesharing companies require their drivers to carry their own car insurance but do offer additional insurance for drivers when they are active on their apps. Rideshare coverage is broken down in three different phases:
As with any car accident, there are some things you want to take care of immediately. A car accident can be quite jarring, so it is important to remember these steps:
If your accident involved an Uber or Lyft driver, try to determine if the driver was using their app at the time, if they were going to pick up a passenger or were carrying a passenger. You could obtain this information either by asking the driver or through the police report. This could help determine whether your injury claim would go through the driver’s personal insurance or the insurance carrier of the rideshare company.
A car accident with a rideshare driver can get complicated when determining who is liable, especially if you are injured. The Washington DC car accident lawyers at the Law Offices of Duane O. King can help. Our experienced legal team will investigate the cause of the accident and fight to secure full and fair compensation. Call us today at 202-331-1963 or contact us online for a free consultation. Located in Washington DC, Alexandria, Virginia, and National Harbor, Maryland, we work with clients in Prince George’s County, including Laurel, Beltsville, Adelphi, College Park, Greenbelt, Mitchellville, Woodmore, Greater Upper Marlboro, Springdale, Largo, Bowie, Capitol Heights, District Heights, Forestville, Suitland, Seat Pleasant, Clinton, Oxon Hill, Temple Hills, and Fort Washington.
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