Rideshare companies like Uber and Lyft enable drivers to pick us up when we don’t have quick access to a car. But what happens when you’re injured in a ride-sharing vehicle collision? If the accident wasn’t your fault, you’re likely entitled to compensation from the at-fault party for your injuries and losses.
There used to be some questions about who was responsible when there was an accident because drivers for Uber and Lyft are technically “independent contractors.” Today, state and federal law makes it clear. The rideshare company’s insurance will have to get involved if you are in an accident, and an “on the app” Uber or Lyft driver is responsible.
It’s important to get an attorney to help you. Filing an insurance claim with Uber or Lyft is complex. The Houston car accident lawyers of Gibson Hill Personal Injury want to assist you in getting compensation for your injuries. We will ensure that everything is done correctly. Call us at (713) 659-4000 for a free consultation today.
How Rideshare Insurance Works
Rideshare drivers use their own vehicles. In Texas, they must carry specialized insurance that provides additional coverage when waiting for or carrying a passenger. Not all drivers can qualify for this additional insurance. Uber and Lyft may provide coverage for their drivers.
Period 0 is when the driver drives a personal vehicle. They must have standard Texas insurance coverage.
Period 1 is when the driver has their rideshare app active and is waiting for a request. Texas requires increased coverage during this period: $50,000 per person/$ 100,000 liability/$ 25,000 property damage. Uber and Lyft provide “contingent” coverage during this period. This means that if the driver’s insurance rejects the claim, the driver will still be covered.
Period 2 is when the driver is en route to pick up a passenger.
Period 3 is when the passenger is in the car. Both periods require a $1 million injury/liability coverage. Uber and Lyft usually provide this for their drivers and are also required by law to provide $1 million of uninsured motorist liability insurance.
It is important for both passengers and drivers to remember that the rideshare companies’ insurance only picks up when the driver’s insurance is exhausted. If your injuries cost $75,000, and the driver’s insurance will cover $50,000. Then the rideshare company’s insurance can only be billed for the remaining $25,000. This is why the services of a knowledgeable attorney are essential.
Parties Covered by the Rideshare Companies’ Liability
Rideshare companies are required to carry liability insurance on their drivers if they are found to be at fault in an accident and to protect the drivers if another driver is at fault and does not have insurance. A rideshare accident claim may involve:
- Drivers involved in an accident where the rideshare driver was at fault
- Passengers of any vehicle in a collision where the rideshare driver was at fault
- Pedestrians injured by a rideshare driver
- Rideshare drivers or passengers injured by an uninsured motorist
Determining fault in a rideshare accident is no different than determining fault in any other accident. Current initiatives are on the ballots in several states, attempting to force ridesharing companies to take greater responsibility for their contractors’ actions. Still, Uber and Lyft cannot be held liable for allowing repeat traffic offenders to work for them.
What to Do After a Rideshare Accident
Because of the complexities of proving rideshare liability and ensuring that all the insurance companies of any at-fault parties involved receive claims at the proper time, it is important to get information when you can. If you were a passenger in an Uber or Lyft vehicle during an accident, you need to get some information from the driver.
- If possible, screenshot or photograph your Uber or Lyft passenger information. It should show the trip number, the driver’s name, the make and model of the vehicle, the route, and arrival times. Your attorney will need this information to request other data from the rideshare company.
- Request the driver’s insurance and app information. Uber and Lyft use apps to monitor their drivers during the trip. This data is unavailable to the general public, but your attorney can request it be saved in anticipation of litigation.
- Some drivers work for both Uber and Lyft. Ensure which company the driver was driving for at the time and get both sets of information if possible.
Of course, you should seek medical attention immediately. Even if you feel okay right after the accident, you should see a doctor as soon as you can. Some injuries, especially head trauma and neck and back injuries, can take hours or even days to develop. You need to see a medical professional right away.
Contact Our Legal Team
If you’ve been involved in an Uber or Lyft accident, whether as a passenger or as another driver, you should seek legal advice right away. Filing a claim in a rideshare accident is a little different than filing a standard insurance claim, and you want to make sure you don’t miss any details. If you are an Uber or Lyft driver and believe the accident was not your fault, you also have a right to compensation. The uninsured/underinsured motorist coverage your company provides protects you when you are not at fault in an accident.
At Gibson Hill Personal Injury, we want to help you get the compensation you deserve after you were injured in a serious accident that wasn’t your fault. Contact our legal team at (713) 659-4000, and we will get to work preserving the evidence and filing your claim. We will work diligently to make sure that nothing gets lost or overlooked.
Call us today for a free consultation about your case. We will review your claim and ensure that the insurance companies of all the at-fault parties get the correct documents for it. To file against the rideshare companies’ liability insurance, the driver’s personal insurance claim must be exhausted or denied, so that must be completed first. Call Gibson Hill Personal Injury at (713) 659-4000 and let us get to work for you.
