Today, the most common Rideshare services available are Lyft and Uber. If you were to get into an automobile accident in one of these vehicles, it could be complicated and confusing to sort things out.
Though these applications are convenient, personal injuries sustained while riding in a vehicle owned by Lyft or Uber can present various challenges. To save yourself the headache, you should reach out to a qualified rideshare accident lawyer near you right away.
Various factors, such as who to file the claim against, whether you need to tap into your insurance, and more, require legal guidance to help you get the compensation you deserve.
Which Factors Make Things Complicated After the Accident?
Here are the primary factors that can make it challenging for you to get the money you deserve for damages (economic and non-economic) in this situation:
Multiple Insurance Policies
Who's responsible for the damages?
The TNC (Transportation Network Company) must use personal insurance policies to cover damages when they use their vehicle for private motives.
However, the TNC company also has insurance coverage they can use when an accident occurs, while a contractor uses ridesharing services from their company.
Companies like Lyft and Uber must hold policies totaling $1 million for every accident when a collision occurs, and the driver is using the ride-sharing mobile app.
The company can't prove that you are the responsible party for the auto accident, but every insurer will try to point the finger at the next person. They will attempt to place blame on anyone besides their policyholder and refuse payment.
Eventually, this can place the burden on you, the person injured. Now, you have to prove that both or one of the drivers was at fault if you want to get fair compensation.
The insurance company might dispute the claim and disallow a reasonable settlement. When this occurs, you must file a lawsuit against the drivers involved. You'll also have to file a claim against the insurance companies in some states.
Accident Caused By Someone Else
If your rideshare driver did not cause the wreck, then the at-fault driver is responsible for your compensation. Keep in mind that the driver may try and blame the rideshare company for the accident.
There's a possibility that the at-fault driver doesn't have enough coverage on their policy to cover compensation for your injuries. Here's where the ridesharing companies' uninsured/underinsured insurance comes into play.
When a Driver is Not Using the App
If an accident happens and the driver is offline, both Lyft and Uber will not insure the driver. This is where your personal insurance applies.
Lyft and Uber take advantage of the benefits of hiring drivers as contractors because they'll claim that they don't pay anything when accidents occur.
Be mindful of this because they will claim it is not their responsibility. This junction is where you need an experienced rideshare lawyer to help you fight for compensation against the transportation network company.
However, remember that this ridesharing insurance only covers if the accident occurs between the time the driver picks up a passenger and drops them off.
Not Seeking Medical Care Immediately
When involved in a car wreck, it's essential to get medical attention immediately from an urgent care or emergency room. Proper diagnosis and treatment are critical to start your healing process.
Additionally, receiving medical attention affects your rights significantly. If you take too long to visit the doctor, insurance adjusters will argue that the injuries weren't that serious or you would've sought medical treatment sooner. Visit the doctor on the same date or at least within 48 hours.
Final Thoughts
When you use a ridesharing service, you have to be mindful of how to handle the situation if you get into a car accident.
Because multiple insurance companies are involved, we know they're for-profit and will do everything they can to prevent having to pay you for economic and non-economic damages.
In this case, it's best to seek legal expertise to guide you through the process and to understand factors that complicate your claim.
