Whether you are a rideshare driver or passenger, an accident can be traumatic. So, what happens after a rideshare accident and what can you do?
The first thing to keep in mind with a rideshare accident is liability. Rideshare accidents are especially complex because there are three parties involved: the driver, the rideshare company, and the passenger. Between these three groups, liability could belong solely to one or groups may share liability. Additionally, if the accident involves another motorist, the accident could involve four parties which complicates the case further.
In general, negligence on the driver’s part could mean they drive drunk, text while driving, or break traffic rules. If the driver runs a red light or gets a DUI, they are responsible for the accident and any harm that may come to the passenger or other motorists.
However, if a driver is hurt while on duty, they cannot receive workers compensation. Uber and Lyft drivers are contractors not employees meaning they do not get the benefit compensation for work injuries or other benefits that come with noncontractual employment.
If a passenger is hurt in an Uber or Lyft accident, the company is responsible for compensating them for medical expenses if necessary. These companies take out massive insurance policies and have strict guidelines for what they pay and what they do not cover.
Uber Insurance Policy
Uber is one of the leading rideshare companies in the United States. Their insurance policy protects them from liability, but this can be frustrating for passengers and drivers who are hurt in an accident. However, the same insurance policy that limits compensation could also be used to get it in some cases.
For example, Uber must be responsible for compensation if an accident occurs after the driver has accepted fare and is en route with the passenger already in the car. Uber is also required to provided uninsured and underinsured motorist bodily injury and/or first party injury insurance and contingent comprehensive and collision coverage.
Unfortunately, Uber will not take responsibility or accidents caused by drivers when they are not using their app. Instead, the driver will be solely responsible for any injuries and the passenger or other injured parties will file a claim against the driver’s personal auto insurance policy.
How Much Can You Get from a Rideshare Settlement?
The amount of compensation from an accident settlement is not set in stone. The amount depends on the seriousness of the injuries, the circumstances surrounding the accident, and property damage as a result. In most cases, minor injuries like whiplash could end in a settlement of around $10,000. Serious and catastrophic injuries could result in a $100,000 settlement.
Keep in mind that these figures are generalized, and your accident may have a different outcome or settlement altogether. Rideshare companies take a very close look at accidents and will not take responsibility for anything that is not explicitly their fault.
Filing a Rideshare Accident Claim
If you are a passenger or driver and you have been hurt during a rideshare you may have grounds to file a lawsuit. It is important to remember that drivers who are hurt on the job cannot receive workers compensation because they are hired contractually. Drivers can however be sued directly if the accident resulted in injuries to the passenger or other motorists. For passengers, there are very narrow qualifications for filing a claim against a rideshare company and very limited opportunities for compensation.
If you have been injured in a rideshare accident, you must contact an attorney. You have the right to file a claim and an attorney can help you build a case and pursue the most optimal result. Contact the Law Offices of Wax & Wax for more information.