Ridesharing can be more convenient than owning a car, but it’s unfortunately not any safer. While public transportation requires special licensing for operators, most anyone can drive for Uber or Lyft. Even if your driver has a clean record, they can get hit by someone else who isn’t following the rules.
If you were injured in an accident while riding in an Uber or Lyft, understanding the legal implications can be complex. However, you shouldn’t let that stand in your way of filing for compensation. Our attorneys can help you put together a claim and will stand strong if Uber or Lyft challenges your right to a settlement.
Contact our Lyft and Uber collision attorneys in Corpus Christi through our message form or via phone at (361) 238-2789. If you can’t come to our office, we’re happy to come to you.
Most drivers know what to do when they’re hit by another vehicle. However, what happens if you’re a passenger at the time of an accident? Do you still have the right to compensation? The answer is yes—and we can help you through the process of filing an accident claim. As a rideshare accident victim, you should be prepared for an insurance process that looks different than what you’d go through after a regular car accident. It may involve making multiple claims or going up against Uber or Lyft themselves. Our attorneys are prepared to take on these cases, no matter how complex, because we know how important receiving compensation is after an accident.
Most insurance policies offered to consumers only cover personal use of your car. That’s fine if you’re not using your car for ridesharing, delivery, or a similar gig. However, the minute your car becomes the vehicle for your earnings, a personal policy no longer applies.
Insurers have created new single-proprietor commercial insurance policies in response to the increase in ridesharing, but they’re not mandatory. They’re also an additional expense—so few drivers choose to purchase them. Determining whether a driver has one of these policies is nonetheless your first step after an accident. If they don’t, liability for any accident they caused will sit with Uber or Lyft.
The first thing to know about Uber and Lyft’s insurance policies is that they only apply to drivers who are actively working. The second thing to know is that they’re excess policies, meaning if you can file for compensation against any other parties (such as your driver’s commercial insurance policyholder), the companies will only pay for expenses that exceed policy maximums.
This means you’re likely to end up filing more than one insurance claim if you were seriously injured. Doing so is important because it can help you receive the compensation you need. However, it’s another complication injury victims usually don’t want to deal with on their own.
If you do need to make a claim against Uber or Lyft’s insurance, you will need evidence of the driver’s activity at the time of an accident. For drivers who are involved in collisions while they are marked as “available” and looking for ride requests, both companies provide:
For someone who is injured by a driver who has accepted a ride request and is on their way to pick up or actively transporting a passenger, the coverage increases:
Therefore, having solid proof you were either a passenger in an active ride or hit by a driver who was fulfilling a request is important. Your rideshare app receipts and/or the driver’s app history can show if this was the case.
For an Uber or Lyft that was hit by another, non-rideshare driver, you, your driver, and any other passengers will probably all be making claims against that individual’s insurance. They don’t need to have special commercial insurance so long as they aren’t driving for hire. However, their personal insurance limits may not be enough to cover multiple injuries, especially if they’re serious. In a worst-case scenario, they may be one of the 14% of Texans who don’t carry auto insurance at all.
This is where Uber or Lyft’s uninsured underinsured motorist coverage would kick in for their drivers and passengers. Even if your driver didn’t cause the accident, if you were a paying passenger, you do have the option to recover through the companies’ insurance policies in these cases.
Sometimes an accident isn’t caused by one negligent driver. If your driver was partially, but not fully, at fault, you are likely eligible to file claims against their insurance and against any third party whose negligence contributed to the accident. If your Uber or Lyft driver has a commercial insurance policy, your claim against them will start there.
Shared liability claims are always complex, but when they involve both commercial and personal insurers, the rules may be difficult to keep track of on your own. Our experienced attorneys know how to navigate the claims process no matter who is on the other end. We can take over the work of filing and advocate for you, so your needs aren’t ignored.
Your path to receiving compensation will depend on the circumstances of your case. If you’re not sure where liability rests or how to go about making a claim, we invite you to reach out to our team. We provide free consultations and same-day meetings to accident victims. Our biggest goal is to help you understand your options and choose the best path, no matter how big or small your accident is.
Bandas Law Firm is known for our personalized service and attention to detail in all cases. We’re always available to take your questions and when you call, you’ll speak directly to your attorney. After more than 15 years of working with car accident victims, we understand what you are going through. Our team is here to help you through the claims process so you can dedicate your time and energy to recovering.
Call (361)238-2789 or fill out our online form today to schedule a free case evaluation. No case is too big or small. We are ready to help with your Corpus Christi rideshare accident claim.
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