Have you ever been a driver or passenger in Lyft or Uber? If so, you have probably wondered what would happen if the vehicle you’re in gets in an accident. Or worse -- what if you get injured as a rideshare passenger?
The popularity of ridesharing services has been on the rise. For that reason, the likelihood of being in a crash while riding in an Uber or Lyft has increased too. It is important to know what actions should be taken after such an accident occurs, and how the passenger can ensure that he or she gets compensation for the injuries and other damages.
What To Do Right After The Accident?
The rideshare driver might want to leave the scene after the accident. The passenger should try to influence the driver to stop, and document the crash with photographs and an accident report. However, the driver might be hesitant to file a report, as it could impact their ability to continue working for a rideshare company.
The passenger should also make sure that the name of the driver as well as any relevant vehicle information, such as the plate number, has been recorded. If there are any witnesses, a witness statement should be included in the police report. Texas law requires a police report after an accident where the injuries or damages exceed $1,000.
Seeking medical attention immediately after the accident and keeping all of the records is an essential step to ensuring that the passenger gets compensated for any of the injuries.
Lastly, the passenger should contact the rideshare company’s Customer Support to let them know about the accident and find out whether they have received any information about it. The driver might have not reported the accident to the company, which may slow down resolving the situation.
Can A Rideshare Driver Sue Uber or Lyft for Injuries?
Yes. Uber or Lyft drivers injured in a car accident where the other motorist was at fault may qualify for compensation under the rideshare company’s insurance policy.
Who Is Responsible For The Passenger's Injuries?
Generally, the driver at fault's insurance policy should cover any damages and injuries. The rideshare companies always require their drivers to have personal insurance coverage on their vehicles. If the driver has a commercial insurance policy or a personal insurance policy with additional coverage for rideshare vehicles, the insurance will apply to the passenger injuries. However, many insurance policies have a “business use exception” that will not cover any damages or injuries that occurred during the rideshare accident.
Uber and Lyft both carry third party liability insurance coverage which pays up to $1 million for personal injuries and property damage per accident. The policies will apply after the driver’s own insurance coverage has reached its limit. The passenger is always covered by the liability policy, even if their driver was at fault.
It is important to know that ridesharing companies maintain the currently-accepted legal standard that the drivers are not employees, but independent contractors. It will be difficult to hold the company accountable for the accident, so filing a lawsuit against them would be the last resort. Generally, the best and fastest way to resolve issues after the accident is to contact and work directly with the insurance.
If you’ve been injured by a car, truck, 18 wheeler, or company vehicle, call DeSouza Law today at (210) 910-HURT or (361) 799-2222.