Navigating Rideshare Accidents and Injury Claims
People hurt in rideshare accidents should consult with personal injury attorneys to discuss their claims and hold negligent drivers accountable. While using a ride-hailing service can be convenient, when an accident occurs, the rules surrounding rideshare liability can complicate your claim. Whether you’re struck by an inattentive driver at a pickup location, or you’re a passenger in a vehicle that crashes, you should understand what to do next to protect your right to recovery.
Because North Carolina is an at-fault state, the liable party is responsible for covering your damages, but this is more complicated when rideshare companies are involved. Unfortunately, you may not receive a fair offer, and an Uber car accident lawsuit may be the best move. Here’s what you need to know to protect your rights and get the help you deserve after a rideshare crash.
What To Do After a Rideshare Accident
Taking the right steps after an accident caused by a for-hire driver can make sure you’re taken care of and set you up for filing a strong Uber or Lyft car accident lawsuit, should you need to. Here are several actions to take after an rideshare accident:
- Call Emergency Responders: The police will secure the area and create an accident report, providing critical evidence of the incident. First responders can address any injuries immediately, securing your physical safety.
- Document Details: Download the ride information from the app or manually record this transaction to establish the company’s liability and strengthen your case. Also, take photos of the scene and collision, collect medical records from post-crash exams, and ask witnesses for statements.
- Report the Accident to the Rideshare Company: You shouldn’t assume the driver will appropriately report the accident, and it’s within your rights to alert the company of your experience. You can file a Lyft or Uber car accident claim with the company online by submitting the crash report and other documentation.
- Seek Medical Attention: A physical exam by a doctor after the accident is necessary to make sure you aren’t suffering a latent or internal injury. This step also documents the crash’s impact on your physical and mental health.
- Protect Yourself from Quick Settlement Offers: Rideshare companies involved in car accidents will quickly issue a settlement proposal to try to prevent legal repercussions or lawsuits; they may also offer ride credits rather than usable compensation. Protect your interests by consulting with a personal injury attorney before signing any agreement or paperwork.
Types of Rideshare Accidents
The influx of for-hire drivers on the roads means everyone should be prepared to encounter a negligent, distracted, or drowsy rideshare driver. You may assume Uber car accident claims apply only to passengers, but pedestrians, cyclists, and other motorists may also be victims of these crashes.
Rideshare drivers can be involved in accidents by:
- Driving negligently and injuring passengers or occupants in another vehicle
- A third party striking the rideshare and injuring the passengers
- Striking a pedestrian in a crosswalk or hitting a rider at a pickup location
- Failing to share the road and causing a bicycle crash
Rideshare Liability and Compensation
It’s challenging to understand who will pay for the damages and how much coverage can be collected for rideshare accidents. The driver’s insurance or the company’s third-party liability coverage doesn’t always kick in to cover crash damages.
In North Carolina, a driver’s personal auto accident liability insurance doesn’t apply to on-duty rideshare drivers, and they aren’t required to purchase a separate insurance policy. This gap in coverage can leave passengers and other motorists without the necessary means to recover.
Uber and Lyft insurance policies don’t always cover claims for their drivers. These companies carry $1 million policies, which sounds like injured passengers would be taken care of, but it really means their adjusters are prepared to fight to prevent paying out. You may discover adjusters using tactics to try to minimize your Uber accident claim by citing previous injuries or attempting to distance the company from the driver’s actions. If this is the case, an experienced car accident attorney can help gather evidence for your claim.
Rideshare Passengers Injured in Accidents
If you’re seriously injured while a passenger in a rideshare vehicle, the driver’s insurance coverage may be too limited to cover your damages. Car accidents can cause broken bones, head trauma, or spinal cord injuries that can mean rehabilitation, missed work, and a loss of consortium. If that’s the case, contact an attorney to discuss an Uber car accident lawsuit. You may be able to file a claim against the company’s liability insurance to make sure you’re given fair, adequate compensation.
Pedestrians and Cyclists Injured by Rideshare Drivers
If a rideshare driver failed to yield, was driving distracted, or otherwise hit you while walking or cycling, you may be entitled to compensation. Pedestrians are often victims of rideshare accidents because drivers are distracted at pickup and drop-off locations.
These pedestrian accident claims are often filed against Lyft or Uber’s liability insurance, but the driver’s status at the time of the crash determines who is ultimately financially responsible. Some factors that influence liability include whether the driver was actively transporting a customer or had accepted a ride request.
Car Accidents Caused by Rideshare Drivers
Rideshare accidents are relatively uncommon, but that doesn’t mean serious, or even fatal, car crashes don’t occur. A study by the CDC found that ridesharing contributed to an uptick in motor vehicle crashes, and injuries especially rose for pedestrians and other motorists near areas where trips begin or end.
These are further complicated by liability rules. Uber and Lyft insurance coverage is limited based on many circumstances. The driver’s status on the app and whether they accepted a ride request or have a passenger in the vehicle can complicate rideshare car accidents. Speak to an attorney to sort out the coverage limits and liability for these instances to ensure you’re properly compensated.
Rideshare vs. Taxi Liability
Whether it’s the upfront pricing or convenience of hailing a ride on a mobile app, rideshare services seem to be phasing out taxis. That means passengers should understand the difference between rideshare and taxi liability. Rideshare and taxi drivers are employed differently, which changes who is responsible for car accident liability.
Taxi drivers are often employed by the company they drive for. This means that the employers are liable for taxi drivers’ actions, including negligent, distracted, or inattentive vehicle operation. The taxi’s liability coverage protects its passengers, but the same can’t be said about Uber or Lyft.
Uber isn’t often liable for its drivers’ actions because these individuals are not directly employed by the rideshare company and are considered independent contractors. One exception making Lyft or Uber responsible for an accident claim is if negligence in its hiring, training, or dispatching practices contributed to the crash. A personal injury law firm has resources to investigate the cause of a rideshare crash, including negligence, to hold the correct party responsible.
Timeline To File a Rideshare Claim
The clock is ticking. North Carolina Uber lawsuits must be filed within a strict timeline, or you’ll be barred from pursuing your losses in court. Certain factors, including a crash with a latent injury, minor passenger, or wrongful death, impact the statute of limitations.
You don’t need to navigate the ins and outs of a rideshare accident alone. Miller Law Group is here to help! Speak to our attorneys about these nuanced situations to achieve the best outcome.
