Ridesharing platforms are growing more and more popular by the day and are becoming a preferred mode of transportation for many. Uber and Lyft are two of the most famous platforms used in the U.S., with Uber having a 76% share of the rideshare market in the country. Things are no different in the city of Atlanta, where many individuals use ridesharing services to commute from one point to another. However, with this rising popularity also comes an increase in the number of accidents involving ridesharing vehicles.
In such situations, it is imperative to take steps to secure compensation and justice, but ridesharing companies have different insurance structures, which can sometimes be confusing to understand. We’ll discuss the legal rights of a passenger, the nuances of insurance claims, and the essential steps you should take after a collision.
Who is Liable in a Ridesharing Accident?
Unlike standard taxis, ridesharing drivers are classified as independent contractors, which means they are not considered employees but are entitled to employee benefits. This makes it even more difficult to determine whose fault it is. This is where Atlanta’s best car accident lawyers come in, as they are experienced in handling such complexities. If you have been in a car accident while using a ridesharing platform, there are a few things you need to understand.
The parties who might be liable are:
- The Ridesharing Driver: If the driver’s negligence (texting while driving, speeding, etc.) caused the accident, they will be held responsible.
- Another Driver: If another motorist was at fault, their insurance should cover your damages.
- The Ridesharing Company: Ridesharing companies have minimum insurance policies that kick in at different stages of a driver’s trip. For example, Uber and Lyft usually provide primary liability coverage when the driver is actively on a trip with a passenger.
Another factor that can impact liability is the state where the accident happened. The United States has a mix of no-fault and at-fault-based insurance systems.
In no-fault states, your own Personal Injury Protection (PIP) insurance pays for your medical expenses and other covered losses, regardless of who caused the accident. However, there may be exceptions that allow you to sue the at-fault driver if you meet specific injury thresholds set by your state.
In at-fault states, which are the majority in the U.S., the driver who caused the accident is liable for the damages. It applies to ridesharing accidents as well. So, if the rideshare driver was negligent and caused the crash, their insurance or the ridesharing company’s insurance, depending on the ride stage, would be responsible for covering your damages.
The Different Stages of Ridesharing Trips and Insurance Coverage
Identifying who’s responsible for a ridesharing accident depends on when the accident happened. Ridesharing companies have different insurance policies depending on the driver’s app status:
- Offline
- Logged in, waiting for a ride
- Actively transporting a passenger
- Trip ended
Let’s discuss them in detail:
- Period 1: Offline: In this case, the accident is treated like any regular car accident. The driver’s personal auto insurance will be the primary source of compensation.
- Period 2: Logged-in Waiting: If the driver is logged into the app and waiting for a ride request, the ridesharing company might have a secondary insurance policy that kicks in after the driver’s coverage is exhausted.
- Period 3: On a Trip: During a trip, most ridesharing companies have primary insurance policies with high coverage limits to protect passengers in case of an accident. It applies regardless of who caused the accident, be it a rideshare driver, another motorist, or a pedestrian.
- Period 4: Trip Ended: This case is similar to the offline one, where the driver’s personal insurance becomes primary again.
However, ridesharing company policies can differ depending on your location. You should always check the specific terms of service for the ridesharing platform you use to understand its insurance coverage details, as most of the ridesharing drivers are entitled to employee benefits.
When It’s a Shared Liability
The fault in an accident may not always be clear. In some scenarios, things might get trickier. For example:
If a rideshare driver and another driver share blame for the accident, liability might be divided proportionally based on their degree of fault. It can also include negotiations with multiple insurance companies.
While it’s very unlikely, if a passenger’s actions directly caused the accident, like distracting the driver, their compensation might be reduced or even denied.
Common Types of Ridesharing Accidents
Accidents can be of different types. But some of the most common types are:
- Car collisions
- Hit-and-run accidents
- Vehicle malfunction accidents
Car collisions are the most common type of ridesharing accident. Different reasons like drunk driving, distracted driving, or speeding can cause them. However, hit-and-run accidents can be especially dangerous in ridesharing because it can be difficult to identify the at-fault driver.
Can You Sue The Ridesharing Company After an Accident?
You can sue the company after a ridesharing accident, but whether it’s the right thing to do depends on the specifics of your situation.
Ridesharing companies’ policies protect drivers and passengers during active rides (period 3). If the accident happened while you were a passenger and the rideshare driver was at fault, suing the company directly could be appropriate.
However, situations can get trickier if the accident involved multiple parties or if the rideshare driver wasn’t on a trip (Period 1 or 2). In these scenarios, you might need to sue both the ridesharing company and the other driver involved. But it depends on the specific clause of the accident.
Regardless of who you sue, you need to build a strong case to prove negligence. Although lawsuits are an option, you can explore other ways that are faster and less stressful. Ridesharing companies usually have simplified claims procedures. Car accident lawyers in Atlanta can help in this case.
Your Rights as a Passenger
Being a passenger in a ridesharing accident doesn’t mean you don’t have legal rights. Here’s what you’re entitled to:
- Medical Care:
This includes immediate medical attention, long-term treatment, and rehabilitation costs. You have the right to seek care from a medical professional of your choice and keep detailed records of all expenses.
- Lost Income:
If your injuries prevent you from working, you can claim compensation for lost income. It may also include salary, bonuses, and commissions you would have otherwise earned.
- Property Damage:
If your belongings were damaged in the accident, you have the right to ask for compensation for repairs or replacements.
- Pain and Suffering:
It covers the physical and emotional disturbance caused by the accident. The severity of your injuries and their impact on your daily life will be considered when determining compensation.
Steps You Should Take After a Ridesharing Accident
The immediate condition after an accident needs to be handled carefully. If there are injuries, report it to the local police immediately. Even if the accident seems minor, get medical attention to document any injuries you may have and avoid future complications.
Here are the additional steps you should take:
- If possible, take photos of the damage to vehicles, any injuries, and the surrounding area. This is important because they will be crucial evidence later.
- Get the names, contact details, and insurance information of all parties involved, including the ridesharing driver, other drivers, and any witnesses.
- Report the accident to the ridesharing company through their app and to the local police.
- Contact your insurance company to report the accident. They will be able to advise you of your rights and help you file a claim.
- Don’t admit fault or discuss the accident in detail with anyone except the police. This can be used against you later.
- Save all receipts, medical bills, and communication related to the accident.
Consult a lawyer who has experience in ridesharing accidents. They can help you handle the nuances of insurance claims, decide who’s liable, and help you receive the best possible compensation.
What Evidence Matters in Ridesharing Accidents
Ridesharing accidents are usually complex because of the involvement of insurance coverage and finger-pointing between the driver and the ridesharing company. That is why building a strong case largely depends on the evidence you can present.
Here are the different kinds of evidence you should consider:
- Ridesharing App’s Data: The app tracks the driver’s location, speed, and app status (logged in, waiting for a ride, on a trip, etc.) at the time of the accident. This data is important for you to understand who’s at fault.
- Driver’s Background Checks: Ridesharing companies usually do background checks on their drivers. Access these reports to understand the driver’s driving history and qualifications. These reports might be needed when filing a case.
- Vehicle Maintenance Records: A lawyer can request the rideshare vehicle’s maintenance records to check for any pre-existing mechanical issues that might have contributed to the accident.
- Witness Statement: If there were any witnesses to the accident, their statements can verify your account of events.
- Police Report: The report will detail the accident scene, witness statements, and the investigating officer’s observations.
- Medical Records: Documentation of your injuries and any ongoing medical treatment is essential for calculating the total expense of your damages.
Keep all your documentation related to the accident. A rideshare accident lawyer can advise you of your legal rights and options and help you file a claim against the rideshare company or the other driver’s insurance company.
Additional Considerations
You must have uninsured/underinsured coverage on your auto insurance. This type of coverage will protect you if the driver who caused the accident doesn’t have adequate insurance coverage.
Ridesharing companies usually have commercial insurance policies that cover their drivers during Periods 2 and 3 of a ride. However, the amount of coverage may vary depending on the ridesharing company and the specific circumstances of the accident.
Final Words
Being involved in a ridesharing accident can be scary and stressful. But you have the right to get fair compensation for any damages, medical bills, or emotional stresses you have faced. It’s always recommended to consult with a qualified lawyer in your area to discuss your specific situation. They can guide you through the process with experience, knowledge, and understanding of every legal aspect.
