At Horst Shewmaker, we are dedicated to providing trusted legal representation to those injured in accidents, including rideshare incidents. With years of experience, our team works tirelessly to protect your rights and ensure you receive the compensation you deserve. We understand the challenges you face after an accident, and we’re committed to guiding you through the legal process with care and attention. Let us help you get back on your feet.
Rideshare accidents, involving drivers from services like Uber and Lyft, can lead to complex legal and insurance issues. Determining liability in these rideshare accidents depends on several factors, such as the driver’s status at the time of the crash, the type of insurance coverage in place, and the severity of any injuries.
In this blog, we will explore the key factors that determine liability in rideshare accidents, the insurance coverage involved, and how working with an experienced Alpharetta Uber and Lyft accident lawyer can help ensure you receive fair compensation.
What is Liability in a Rideshare Accident?
Liability in a rideshare accident refers to who is responsible for the damages, injuries, or losses caused during the incident. Understanding who holds liability helps determine how compensation is paid for the victims’ medical bills, lost wages, and other damages.
The Rideshare Driver’s Role
The rideshare driver, whether an Uber or Lyft driver, may be liable for the accident if they are at fault. If the driver’s actions, such as speeding or distracted driving, cause the accident, they may be held responsible. The driver’s insurance will cover the damages if they are found to be at fault.
The Rideshare Company’s Responsibility
In certain situations, the rideshare company, such as Uber or Lyft, may be held responsible for an accident. If the driver is actively transporting a passenger and causes an accident, the company’s insurance typically provides coverage. This insurance may cover injuries, property damage, and medical expenses for both passengers and other parties involved.
The Role of Other Drivers
If another driver causes the accident, they can be held liable for the damages. The victim can pursue compensation through the at-fault driver’s insurance. In some cases, if the rideshare driver is partially at fault, they may share liability.
Insurance Coverage Impact on Liability
Insurance plays a key role in determining liability. If the rideshare driver is on duty and causes the accident, Uber or Lyft’s insurance will cover some damages. However, if the driver is off duty or does not have active insurance coverage, the driver’s personal insurance may be responsible. In Georgia, both the driver’s personal insurance and the rideshare company’s insurance can be used depending on the situation.
The Rideshare Driver’s Status and Liability
A rideshare driver’s status at the time of the accident affects their liability. The level of insurance coverage available depends on whether the driver is off-duty, on-duty without a passenger, or actively transporting a passenger.
Off-Duty Driver
When a rideshare driver is off-duty, meaning the app is not in use, the driver is considered to be using their personal vehicle. In this case, the driver’s personal car insurance applies. If the driver causes an accident while off-duty, their personal insurance will cover damages, provided the driver has adequate coverage. The rideshare company’s insurance will not apply.
On-Duty, No Passenger
If the driver is on-duty but has no passenger in the car, the rideshare company provides limited insurance coverage. Both Uber and Lyft offer liability insurance that covers accidents in this scenario, but only up to a certain amount. If the driver causes an accident, the company’s insurance will step in to cover damages, but the coverage may not be as extensive as when a passenger is present.
On-Duty, Passenger in the Car
When a rideshare driver is transporting a passenger, the rideshare company’s insurance provides full coverage for the accident. This coverage is typically higher and more comprehensive, often covering medical expenses, property damage, and passenger injuries. In this case, the rideshare company is largely responsible for covering costs related to the accident.
The Driver’s Personal Insurance
Regardless of the rideshare driver’s status, personal insurance coverage plays a role. If the driver’s personal insurance is insufficient or does not cover rideshare activities, the rideshare company’s insurance may take over. However, in cases where the driver’s actions are found to be negligent, their personal insurance may still be used to cover some damages, depending on the circumstances and Georgia law.
Determining Fault in a Rideshare Accident
Determining fault in a rideshare accident is critical in deciding who is liable for the damages. Several factors are considered to identify the party responsible for the crash.
Police Report and Evidence Collection
A police report is an important document in determining fault. It provides a record of the accident scene, details of the vehicles involved, and the circumstances surrounding the incident. Officers may also issue citations for violations, which can help clarify fault. Gathering evidence from the accident scene, including photos and witness statements, can also support the determination of liability.
Driver Actions and Negligence
The actions of the rideshare driver are a key factor in determining fault. If the driver was speeding, distracted, or violated traffic laws, they may be held responsible for the accident. Rideshare drivers are expected to follow the same rules of the road as other drivers. If their negligence led to the accident, they would be liable for damages.
Other Parties Involved
In some cases, another driver may be at fault for the accident. If another motorist causes the crash, that driver will typically be responsible for the damages. Victims can pursue claims against the at-fault driver’s insurance. If the rideshare driver is partially at fault, the liability may be shared between both drivers.
Rideshare Company’s Responsibility
The rideshare company may also share fault, especially if the driver was actively using the app or transporting a passenger. Uber or Lyft may be held liable if the driver’s actions were influenced by company policies or a lack of proper training. If the rideshare company fails to screen its drivers or has inadequate insurance coverage, it could face liability for the accident.
Major Violations and Insurance Coverage
Major driving violations, such as DUIs or reckless driving, can significantly impact fault determination. If the driver had multiple violations or a history of unsafe driving, this could influence how liability is assigned. Additionally, the rideshare company’s insurance coverage will come into play depending on the driver’s status at the time of the accident, which can affect fault determination and the compensation process.
How Insurance Providers Handle Rideshare Accident Claims
Insurance providers play a crucial role in resolving rideshare accident claims. The type of coverage, the parties involved, and the driver’s status all influence how an insurance claim is processed.
Personal Insurance Coverage
When the rideshare driver is off-duty or not using the app, the driver’s personal car insurance applies. If the driver causes an accident, their personal insurance will be responsible for covering damages. However, if the driver’s personal insurance policy does not cover rideshare-related accidents, the driver may be left with out-of-pocket costs unless they have a specific rideshare endorsement on their policy.
Rideshare Company Insurance
When the driver is on-duty and using the app, the rideshare company’s insurance may come into play. Uber and Lyft provide varying levels of coverage depending on the driver’s status:
- App On, No Passenger: The rideshare company offers limited liability coverage.
- Passenger in the Car: The rideshare company provides comprehensive coverage, which can include up to $1 million in liability insurance.
If the driver causes an accident while on-duty, the rideshare company’s insurance will typically cover the damages. However, if the driver was not following the company’s guidelines, the coverage may be limited or denied.
Third-Party Insurance
If another driver is at fault in the accident, their personal insurance or commercial insurance will cover the damages. Victims can file a claim with the at-fault driver’s insurance company. If the other driver is uninsured or underinsured, the rideshare company’s uninsured/underinsured motorist coverage may help cover the claim.
Disputes and Gaps in Coverage
Insurance providers may dispute claims or offer lower settlements if they believe the driver was negligent or if there is a gap in coverage. Victims of rideshare accidents may face delays or challenges when dealing with insurance companies. In these cases, a personal injury attorney can help ensure fair compensation and resolve any disputes between the parties involved.
Passenger Injuries and Rideshare Accident Claims
Passenger injuries in a rideshare accident can be serious. Understanding how to pursue a claim for these injuries is important for securing compensation for medical bills, lost wages, and pain and suffering.
Types of Injuries in Rideshare Accidents
Passengers in rideshare accidents may experience a wide range of injuries, from minor cuts and bruises to serious injuries like broken bones, head trauma, or spinal cord injuries. The severity of the injuries often depends on the speed of the collision and the nature of the accident. It is crucial for passengers to seek medical attention immediately after the rideshare accident, even if the injuries seem minor, to ensure they are properly documented for insurance claims.
Rideshare Company’s Insurance Coverage for Passengers
When a rideshare driver is actively transporting a passenger, the company’s insurance will typically cover the passenger’s injuries. Uber and Lyft provide liability insurance up to $1 million for passengers injured during a ride. This coverage is available regardless of who caused the accident, as long as the driver was working for the rideshare company at the time of the incident.
Consult With an Experienced Alpharetta Rideshare Accident Lawyer ASAP!
If you’ve been involved in a rideshare accident, it’s crucial to understand your rights and the legal steps necessary to secure fair compensation. The process can be complex, but you don’t have to face it alone. Our team at Horst Shewmaker is here to guide you through every step, from determining liability to navigating insurance claims.
Contact us at (404) 400-1175 for a free case review today!
