Navigating Personal Injury Claims Involving Rideshare Companies: A Guide
Rideshare services like Uber and Lyft have made getting around more convenient for millions of Americans. But when accidents happen, the aftermath can be confusing and overwhelming. It’s important to note that rideshare services come with risks. According to Uber’s 2021-2022 Safety Report, 150 people lost their lives in Uber-related crashes during this period.
In 25 percent of these accidents, both the Uber driver and other parties contributed to the crash. In 18 percent of the cases, an Uber driver’s actions were likely to have caused the collision.
If you have been hurt in a rideshare accident, understanding your rights is vital to your recovery and financial security. This guide will explain how to navigate a rideshare accident and get legal help.
What Is a Rideshare Accident?
A rideshare accident refers to any crash or incident involving a rideshare service, like Uber or Lyft.
These accidents can occur in different situations, such as:
- While carrying passengers
- While driving to pick someone up
- While waiting for a ride request
Examples of Rideshare Accidents
Rideshare accidents aren’t always car-on-car collisions.
Here are a few examples of accidents involving rideshare vehicles:
- Rideshare vehicles striking pedestrians in crosswalks and on sidewalks
- Passengers being assaulted or injured during rideshare trips
- Collisions between rideshare cars and motorcycles
- DUI accidents caused by intoxicated rideshare drivers
- Vehicle-on-vehicle car accidents involving rideshare cars
Steps to Take After a Rideshare Accident
Taking action after an accident can influence your ability to recover fair compensation. Below are some important steps to take if you have been injured in a rideshare accident.
Report the accident promptly
Reporting the accident to law enforcement and the rideshare company is essential for protecting your rights. Most rideshare apps have a built-in feature for reporting accidents.
Use this feature to create a digital report as soon as possible. The record makes it harder for the company to deny knowledge of the incident later.
Call law enforcement
It’s wise to create an official police report, even for accidents that seem minor. This report will document important details about the crash.
The police report may include:
- Driver statements
- Witness statements
- Visible injuries
- Road conditions
- Preliminary determinations of fault
Make sure you request a copy of this report or information on how to obtain it later. It will serve as crucial evidence for your claim.
Inform your insurance company
Inform your own insurance company about the accident, even if you weren’t driving. Many auto insurance policies include provisions for uninsured/underinsured motorist coverage. This insurance might apply if the rideshare driver’s insurance coverage isn’t enough to pay for your losses.
Document the accident and injuries
Thorough documentation builds a strong foundation for your claim. It also helps fight any attempts to minimize your injuries or damages.
If you can, use your smartphone to take photographs of the accident scene:
- From multiple angles, showing vehicle positions, skid marks, and traffic signals
- Vehicle damage to all cars involved, including close-ups of specific damage areas
- Visible injuries such as cuts, bruises, or bleeding
- Road conditions that may have contributed to the accident
- The rideshare driver’s information as displayed in the app, showing that he or she was actively working
- Get contact and insurance information, the driver’s license, and the rideshare identification number
Seek medical attention
Seek medical attention immediately after a rideshare accident. Some serious injuries may not show immediate symptoms but can worsen over time.
We advise that you keep detailed notes about your recovery process, including:
- Pain levels and how they change over time
- Activities you can no longer perform or that cause pain
- Emotional impacts of the accident and injuries
- Missed work or school days due to injury
- Medication side effects or complications
A thorough medical examination creates official records linking your injuries to the accident. This documentation helps capture the full impact of the accident on your life. It can thus support claims for medical expenses, lost wages, and non-economic damages.
File the accident claim
Submit a claim to the rideshare company’s insurance provider.
The insurer may ask for information such as:
- Medical records
- Accident details
- Proof of damages
If you were injured in a rideshare accident, starting the legal process can feel overwhelming. Hiring a personal injury lawyer to fight for you can make a big difference. A lawyer can help prove that your injuries were caused by someone else’s negligence and fight for fair compensation.
Determining Liability and Fault in a Rideshare Accident
Proving who is at fault for a rideshare accident is more complex than in typical car crashes. This is due to the multiple parties and relationships involved. Other factors that affect determining fault include the state’s negligence law and the driver’s actions.
Key parties involved in a rideshare accident
Rideshare incidents can involve various people. Several parties play important roles in rideshare accident cases.
The parties involved may include the following:
- Rideshare companies
- Rideshare driver
- Passengers
- Pedestrians
- Other motorists
- Insurance companies
Rideshare driver’s negligence and liability
Rideshare drivers can be held responsible for accidents caused by their careless actions behind the wheel.
Common forms of driver negligence in rideshare accidents include:
- Distracted driving (often from using the rideshare app while driving)
- Speeding to complete more rides in less time
- Driving fatigued due to working long hours across multiple apps
- Being unfamiliar with routes, leading to sudden stops or turns
- Stopping illegally to pick up or drop off passengers
Proving driver negligence typically requires evidence. The company may have records of previous complaints about the driver that could strengthen your claim.
Rideshare Company’s Insurance Policies
Rideshare companies like Uber and Lyft provide insurance coverage for accidents. However, the policies follow a structure that changes based on the driver’s status when the crash occurred. This can create potential coverage gaps and confusion for injury victims.
These companies typically divide coverage into three distinct periods:
- Period 0: The driver is offline or not using the app. In this case, the rideshare company provides no coverage, and the driver’s personal insurance applies
- Period 1: If the driver is logged into the app but hasn’t accepted a ride, then limited liability coverage is offered by the rideshare company
- Period 2: If the driver has accepted a ride and is en route to pick up a passenger, the rideshare company offers higher commercial liability coverage (typically $1 million)
- Period 3: If the driver has picked up passengers and is transporting them, the same high commercial liability coverage as Period 2 applies (typically $1 million)
Understanding how these policies are crucial. The system is tiered, which means the amount of compensation can change depending on when the accident happens. This can have a big impact on the final outcome.
How Long Do Rideshare Accident Claims Take to Resolve?
The timeline for resolving rideshare accident claims varies depending on several factors:
- Injury severity
- Clarity on fault
- Insurance cooperation
- Pursuit of a lawsuit
- Number of parties involved
Simple claims with clear liability and moderate injuries might settle within months. Often, complex cases involving serious injuries take a year or more to resolve.
While the process can be lengthy, rushing to a settlement results in less compensation. Your attorney can help manage expectations about the timeline while ensuring your case progresses as efficiently as possible.
Working With a Personal Injury Attorney
Attorneys who regularly handle rideshare incident cases bring specialized knowledge that’s valuable in these complex claims.
Consulting an attorney promptly after a rideshare incident provides several important advantages:
- Preserve critical evidence that can be collected before it disappears
- Guide documenting injuries and damages from the start
- Protect yourself from making damaging statements to insurance companies
- Ensure all legal deadlines are identified and met
Even if you’re unsure about pursuing a rideshare accident claim, a free initial consultation with an attorney can help you understand your options. Without making any commitment, you can get an idea of the next steps before you.
Reach Out to a Personal Injury Lawyer to Discuss Your Rideshare Claim
Personal injury claims are not easy to take on, especially when you are trying to heal. Complicated insurance rules and company policies can make it harder to get the justice you deserve.
In such cases, Harker Injury Law comes to the rescue. We understand the complexities of rideshare claims. Our goal is to help you navigate the legal process while you focus on your recovery.
If you have been injured in a rideshare accident, contact us today for a free consultation to discuss your case. Remember, every case is important — no matter how small. You deserve compassionate legal representation who treat you with respect and put your needs first.
