Who is Liable for My Injuries After an Uber or Taxi Accident?
Rideshare services like Uber and Lyft have become very popular over the past few years. The rise in popularity of these services has also led to new legal concerns. For instance, vehicle collisions involving a third party like a rideshare driver are very complex to solve, since the laws regarding rideshare, accidents are still evolving. In addition, it will take extra time and investigation to determine the liable party in a crash involving a rideshare driver, and the case will most likely involve numerous attorneys and multiple insurance companies. Therefore, if you have been involved in a collision involving a rideshare vehicle, then you should contact an Uber accident lawyer at Kogan & DiSalvo in Boca Raton, FL for assistance.
Who is liable for my injuries after a rideshare accident?
Determining liability after a vehicle crash involves finding out who caused the collision. If a driver was driving carelessly, they can be held liable for any injuries that the victims of the collision sustained. Uber drivers are not different from other drivers on the road. They are required to safely operate their vehicles to avoid causing crashes and injuries. Therefore, if a rideshare driver is driving while texting, they are violating their duty of care to other motorists on the road. However, it may be difficult for you to file a lawsuit against rideshare companies because they only consider themselves a technology platform and see their drivers as independent contractors. Therefore, if you want to get compensation for your injuries, then you can file a claim against the rideshare driver and their personal auto insurance carrier.
How Uber’s supplemental insurance applies to your incident
The good news is, if the driver’s insurance is not sufficient to cover your claim, then Uber may provide supplemental insurance. However, the availability and amount of the supplemental income will be determined by the status of the rideshare motorist at the time of the crash. The motorist has different amounts of insurance coverage, from different sources, depending on their status when the crash occurred. These statuses include.
When the Motorist is “off the clock”
When a driver is “Off-the-clock”, it means he or she is not available to accept clients currently. If a motorist is involved in a crash when he or she is “off the clock” and injures you, then you will only be compensated by your own personal car insurance policy. When they are off work, they are not associated with their rideshare company. So whatever compensation you receive from the accident is from their own pockets and does not have anything to do with the company.
If the Motorist is Between Fares
If the driver is available to carry passengers but does not currently have a passenger in his or her car, they will use their insurance company if they are involved in a crash. Moreover, Uber may provide some contingency insurance. The contingency insurance may provide liability coverage of $50,000 per person and property coverage of $25,000. So, it depends on if they are passengers in the vehicle or not on how much financial compensation you can receive from any accidents involved with rideshare drivers.
If the Motorist has a Passenger
If the motorist is carrying a passenger, then the rideshare company may provide $1,000,000 in property coverage and $1,000,000 in liability. Both you and the passenger were involved in an accident due to the negligence of the rideshare driver. It is in both your best interests to receive financial compensation for a said accident, no matter how severe it was.
If you are a victim of a rideshare crash, then you can sue the driver or the rideshare company depending on whether you were a passenger or not and whether the motorist was “on the clock” or not. It’s best to keep yourself covered and make sure you have all the information after the accident. If you were injured, you deserve financial compensation from the driver. Especially if they work for a rideshare company.