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Who Is Liable for My Injuries in an Uber and Lyft Car Accident?

Rideshare companies have become increasingly popular due to their convenience and ease of summoning their services. With just a few clicks and swipes on your phone, a driver can be at your door and delivering you to your destination. But what happens if you are involved in an Uber or Lyft accident? Who is responsible for paying for injuries and property damage? 

What Types of Car Accidents Are Possible Involving a Rideshare Driver?

As is typically the case, the answer depends on the circumstances. There are several ways in which you can be involved in an accident with one of these rideshare drivers:

You might be a passenger, or you may be driving your own vehicle and be struck by a rideshare driver. Or you might be a pedestrian struck by an Uber or Lyft driver. You could also be a passenger in a rideshare vehicle that is struck by another driver. Whatever the case, it is important to know what to do and who to contact to make sure you receive fair compensation for the incident. 

What Types of Coverage Do Rideshare Drivers Have?

A driver’s status at the time of an accident will dictate who is responsible for covering the accident. Since rideshare drivers are considered independent contractors, they are not automatically covered by the company’s insurance policy the way a taxi driver would be. Instead, there are specific circumstances that apply to each situation. 

For example, if a driver has the rideshare app turned off and is not accepting fares, the driver’s own insurance would pay for any accidents. The rideshare company does not provide any coverage in this situation. However, it is important to note that the driver must have commercial coverage to use their private vehicle for rideshare purposes, or their insurance will not provide coverage for an accident in this situation. 

If a driver has the app turned on and is accepting fares but they do not have a passenger, the rideshare company will provide coverage of up to $50,000 per person, up to $100,000 in injury liability, and up to $25,000 in property liability. 

If a driver is en route to pick up a passenger or is transporting a passenger, the rideshare company covers up to $1 million in liability. 

What Should I Do if I Have Been Involved in an Accident With a Rideshare Driver?

Like any accident, it is important to remain calm and first address any injuries on the scene. 

If anyone requires medical attention, be sure to summon assistance immediately. Next, call the police to create an official incident report for insurance purposes. While you are waiting, gather information from the drivers involved in an accident as well as from any witnesses. Take pictures of the scene, including any injuries or property damage, and try to note whether there are any video cameras that may have captured the event via a traffic camera or nearby building surveillance. When practical, report the incident to your insurance company for review. 

Can the Rideshare Company Be Held Liable?

While Uber and Lyft have created insurance policies that essentially insulate them from being sued, they are not completely immune. For example, if they are aware that a driver is driving recklessly or under the influence and continues to allow the individual to work for the company, they can share in their negligence and be held liable by association. Also, since the driver is considered to be carrying out the goals of the company, they can be held liable by “agency law.” Although it may be difficult to prove the company’s negligence, it is not impossible. This is where a skilled lawyer can assist in helping to sort out the details of your case. 

Get a Handle on the Facts of Rideshare Drivers With Help From the Charleston Uber and Lyft Accident Lawyers at Rogers, Patrick, Westbrook & Brickman LLC

As Uber and Lyft become more commonplace, so will accidents involving these drivers. To help figure out how to proceed and whether you have a valid case, call the Charleston Uber and Lyft accident lawyers at Rogers, Patrick, Westbrook & Brickman LLC at 843-727-6500, or contact us online to schedule a free consultation. With office locations in Charleston, Mt. Pleasant, Aiken, and Columbia, South Carolina, we gladly serve clients throughout South Carolina. 

 

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