Understanding insurance coverage and the legal aspect of being injured in a rideshare accident can be challenging. Typically, when involved in a rideshare accident where injuries have been sustained, the financial responsibility lies on the at-fault driver's insurance. This could be the ride-sharing company driving insurance or the insurance of the other involved driver.
Whose Insurance is Responsible
If the rideshare driver is at fault for the cause of the accident, their insurance would be responsible for covering the financial obligations. The driver's insurance coverage will include the passenger's injuries as long as the driver has a commercial insurance policy or a personal car policy that provides insurance coverage when engaged as a rideshare driver. Although this may be the case for some rideshare drivers, keep in mind all drivers might not have either of those policies. Their personal car insurance coverage may include "business exceptions" that won't cover damages or injuries when their client acts as a "for-profit" driver.
Fortunately, most major ride-sharing companies, such as Uber and Lyft, have third-party liability insurance; however, they will only kick in once the rideshare driver's insurance has been exhausted. The company's third-party insurance will cover up to $1 million for personal injuries and property damage per accident.
Filing a Lawsuit
Companies like Uber and Lyft consider their drivers to be independent contractors rather than employees. This is an important distinction because employees are given more rights than independent contractors, such as workers' compensation benefits or the company taking responsibility for the employee's negligence who caused the accident. If the rideshare driver has been deemed the at-fault driver, you can argue that the rideshare company shares a portion of the blame. However, this can be a hard task to achieve because there are laws set in place to protect these companies.
Contact a Lawyer
Receiving the financial compensation you deserve after being injured in a rideshare accident can be a long challenging process. Let us help you get the justice you deserve. Here at, Gaddis, Herd, Craw & Adams, P.C. We have the knowledge and experience you need to fight your case.
Contact us today at (719) 249-6240 to schedule a free consultation with a member of our team and discuss the details of your case.