One thing most people don’t consider when they get an Uber or Lyft ride is that the very reason rideshare is popular is also one of the risks. Because these are not cab drivers, the car’s operators are not necessarily held to the same standards as New York City taxi drivers.
So, who’s responsible if there is an accident? That’s a complicated question because there are multiple parties involved. Even if it’s a single-car accident driver like when a driver hits a light pole, it’s not just a normal car accident. Who pays will depend on where the driver was in his or her app time?
Driver Liability Scenarios
Rideshare drivers on the job are in one of three time periods:
- The driver is waiting for a ride request with the app on. If the driver has not yet accepted a ride, his or her personal liability insurance will pay for damages if they are at fault for it.
- The driver accepts a ride request and is en-route to pick up a driver or is driving the passenger to their destination. At this point, the rideshare company’s insurance policy takes effect and will cover the following.
- Third-party liability coverage, up to $1,000,000 per accident for damages to another driver, a pedestrian, or property damages.
- Uninsured or underinsured motorist. Bodily injury coverage. This covers the driver and everyone else in the vehicle. If another driver is at fault but has insufficient insurance, it also covers hit-and-run accidents when the at-fault driver can’t be identified. The coverages vary by state.
- Contingent collision and comprehensive coverage. Should the driver be? In an accident. Whether or not, it was his fault, and the driver has. Auto insurance that includes collision coverage for their vehicle when it is not being driven on rideshare, list insurance. Will cover them. The limit only goes up to the actual cash value of the driver’s vehicle and includes a $1,000 deductible.
- The driver has the app off and is driving the vehicle for their own personal use. In this case, the driver’s own insurance policy will cover property damage and injuries up to the policy limit. Because the driver was not engaged in rideshare, the company’s policy does not apply.
The big question is who will pay for the accident, and that will depend on the person or persons who are responsible.
Rideshare drivers are not employees, but independent contractors. therefore, it’s important to determine who was at fault. Before figuring out who will pay the claim. If the driver is not at fault, then the responsible party will be held responsible, such as another driver, a bus company, or a municipality for something that caused the hazard.
Under certain circumstances, Uber, Lyft, or another rideshare company will only pay under certain conditions. For instance, the driver was, in fact, engaged in a rideshare and possibly at fault. A passenger or other person involved will need to file a claim directly with the rideshare companies’ insurance provider.
Should the insurer deny the claim, or if the driver is uninsured or under-insured, he or she may be financially liable for the accident and any resulting injuries.
What To Do After A Rideshare Accident
In the aftermath of an accident, there are several things that you should and should not do. A rideshare accident is no different.
New York requires that persons involved stay at the scene of an accident. If there are any injuries or fatalities, call 911 immediately, or the New York City Police Department.
If you are able, or you’re with someone who can, you’ll want to also take pictures of the scene of the accident. Yes, the police will take pictures, but it’s also a good idea for you to have your own pictures of your own perspective preserved. All these pictures will be evident later.
Keep a screenshot or two of the app screens while you were involved in the ride whether you were a driver or a passenger as evidence that you were actually on a trip at the time of the accident.
You’ll also need to keep the name of your Uber driver as well as any witnesses and other parties involved.
The police will determine who is at fault for the accident. You should, of course, cooperate with the police, especially if you are the rideshare driver. Speak cautiously and politely but avoid saying anything that could be considered a fault. For instance, avoid statements like “I’m sorry,”, or “I didn’t see them.” Comments like these can be construed as a direct admission of fault.
Once the police are done, and the cars have been removed from the street, your next step is to see a doctor or visit an emergency room to be checked for injuries. Some injuries don’t show signs immediately, so it’s better to be checked out right away. If you don’t see a doctor immediately, you may give the impression to the other party or to their insurance company that you were not actually badly injured. This can negatively impact your claim and reduce the compensation you might have received.
Make sure to keep track of all your accident-related expenses. Hospital bills, prescriptions, doctor follow-ups, etc. Any expenses you incurred as a result of the accident dan be part of your compensation. That’s why it’s important to keep every receipt, invoice, letter, and other documentation that shows you were involved and injured. In a rideshare accident.
You will very likely receive at least one phone call from another party’s insurance company. Avoid speaking with them and do not give a recorded statement over the phone. Or any comments that could impact your case. Refer all accident-related callers to your personal injury attorney, who will handle everything. This includes all calls, negotiations, your claim, and if necessary, a lawsuit. Literally, anything you say can be used against you to defeat your claim and deny you the compensation you need to recover.
Talk To BigLawsuit’s Rideshare Accident Attorneys About Your Uber Or Lyft Accident
An accident in rideshare can incur the same injuries as any other car accident. Broken bones, lacerations, and soft tissue injuries, such as whiplash, are not uncommon. And he’s. Situations. Whether the rideshare driver is to blame, or another party, you may have the right to hold them accountable for your injuries.
Call us at (888) 998-7165 or tell us about your case using our online contact form. We will review your case at no charge and let you know about your legal options with no obligation.