Who Covers Damages in a Rideshare Car Accident Case?
Rideshare car accident cases can be tricky to navigate because legal regulations surrounding these accidents are still developing. Should you have been injured in a rideshare car accident, you have a right to claim compensation. Unlike other types of vehicle accidents, you can determine liability differently with ridesharing accidents. That’s why it can be incredibly challenging to identify who covers damages in an accident.
However, an experienced Ohio accident lawyer will be able to work with you to establish who will cover your damages. At The Henry Law Firm, our attorney is dedicated to helping every client get the compensation they deserve and has robust experience with rideshare car accident cases.
Recognizable rideshare transportation services such as Uber and Lyft have become increasingly popular in recent years, but there is still a risk as with other modes of transportation. According to a safety report released by Uber, 97 fatal crashes resulted in 107 deaths between 2017 and 2018. Yet, the rate of ridesharing trips that result in accidents that leave people with injuries is still largely unknown.
How Is Liability Determined for Your Rideshare Accident?
In a rideshare accident, determining liability is of the utmost importance if you hope to attain compensation for injuries you might have sustained. Liability can be determined with consideration to the following:
- Fault of the rideshare company driver must be confirmed or if the driver was actively using their ridesharing app at the time of the accident
- Involvement of any other parties that contributed to the cause of your accident must be established
Who pays for your damages depends on three rideshare driver situations. Each of these scenarios are explored below so you can understand who could be responsible for your injuries and damages.
1. The Rideshare Driver’s App Was Off, or They Were Not Actively Logged On.
When a rideshare driver is not logged on to their rideshare app or isn’t working, they may not be considered to be in the scope of their employment with the rideshare company. In this situation, the company they work for would likely not be held liable for your accident and the injuries you incurred. For example, if you ride with a friend who happens to be an Uber driver and causes a crash unrelated to their work for Uber, Uber would not have responsibility for this crash. In this rideshare accident situation, you will need to seek compensation from the rideshare driver’s insurance company.
If the rideshare driver does not have insurance coverage, you may be able to make a claim against your uninsured motorist coverage, which we can help you do. We can also help identify any other possible claims you have.
2. The Rideshare Driver’s App Was on, and They Were Awaiting a Rider.
Once the rideshare driver starts engaging with their app, the associated company becomes responsible for the driver. When a driver’s app is on but has not accepted a ride request from a potential passenger and an accident occurs, the driver’s auto insurance will likely be responsible for your injuries.
However, if the driver’s insurance policy doesn’t cover them, you can seek compensation from the rideshare company.
3. The Rideshare Driver Was Actively Transporting a Passenger.
Suppose a driver was actively utilizing their app and was on their way to fetch a passenger when the accident occurred. In this case, the rideshare company’s insurance policy would cover your damages. Ridesharing companies, like Uber and Lyft, are required by law to hold coverage that offers protection should an accident occur that involves another party who doesn’t have sufficient insurance of their own.
This coverage will also apply if another driver causes a crash to the Uber or Lyft you are riding in, and that driver is underinsured. You may have additional coverage through the rideshare company directly. There might be other types of insurance coverages applicable which we can evaluate and inform you of when you speak with our experienced accident attorney.
When a Third Party Is Liable
When a third party is involved in a rideshare accident, and they caused the injuries you sustained, you could seek compensation via a personal injury lawsuit or an insurance company claim against the at-fault driver. Below are some examples of the different third parties held accountable for damages sustained in a rideshare accident.
- A state municipality if it was determined that dangerous road conditions led to the rideshare accident.
- A separate motor vehicle driver.
- A manufacturing company of the liable party’s vehicle if it was determined that the car’s design was defective and led to the accident.
- A maintenance company worked on your vehicle if a malfunction occurred due to their negligence.
Possible Damages You Could Claim in a Rideshare Accident
Not many people are aware that they can claim damages after being involved in a rideshare car accident. If you’re curious about what types of compensation you could attain in a personal injury lawsuit or insurance claim, have a look below.
- Physical and psychological pain and suffering
- Medical expenses both past and future
- Loss of life enjoyment
- Lost income and potential earnings from being unable to attend work
Contact an Experienced Ohio Rideshare Accident Attorney
When you have been involved in a rideshare accident, it can be a scary situation that is often difficult to navigate. Focusing on legal issues while recovering from physical and emotional injuries is daunting, no matter the circumstances. When you are unsure who covers your damages in a rideshare car accident, you should consider consulting with an Ohio rideshare accident attorney.
Our attorney can help you determine who is liable and then proceed with filing an insurance claim with the relevant company or a personal injury lawsuit against the at-fault party on your behalf. Contact our office today to get an expert opinion during a free no-obligation consultation.