South Bend Uber and Lyft Car Accident Lawyers

With more than 9 million rideshare drivers across the U.S. and Canada, it is not surprising that accidents involving Uber and Lyft vehicles occur. While these services have transformed how people travel, many passengers do not consider what happens if they are involved in a rideshare accident.

Who Pays for Your Injuries?

It’s easy to assume that Uber or Lyft would be responsible for covering your injuries, but that’s not always the case. Drivers for these companies are classified as independent contractors, not employees. This distinction affects insurance coverage. Rideshare drivers must carry at least the minimum liability insurance required for Indiana drivers—$25,000 for bodily injury and $25,000 for property damage. Most drivers also carry rideshare insurance, which bridges the gap between personal auto insurance and coverage for commercial use of their vehicles.

The question of who pays for your injuries depends on who caused the accident:

• The Uber/Lyft Driver: If the rideshare driver is at fault, you may be able to file a lawsuit, but collecting damages could be challenging if they lack sufficient rideshare insurance.
• Third Party: If another driver caused the accident, you can file a claim against their insurance, provided they are insured. Evidence will be needed to establish fault.
• Your Own Insurance: Depending on your policy, you may be able to file a claim with your own insurer.

Understanding Rideshare Insurance Coverage

Many passengers and drivers are unaware of the specific coverage details associated with rideshare services.

• Uber and Lyft Driver Insurance Requirements: Rideshare drivers are required to have personal auto insurance, but they also need additional coverage that specifically addresses rideshare activities. This typically includes rideshare insurance, which is essential for drivers who use their vehicles for both personal and commercial purposes.
• What Rideshare Insurance Covers: Rideshare insurance fills the gaps left by personal auto insurance policies, particularly during the times when a driver is logged into the app but not actively engaged in transporting a passenger. This coverage can be vital in ensuring that drivers and passengers are protected in the event of an accident.

What Do Rideshare Companies Cover?

Although Uber and Lyft are rarely named defendants in lawsuits, they provide insurance coverage for specific situations. These include:

• Active Ride Requests: When a driver accepts a ride request until the passenger is dropped off, Uber or Lyft provides up to $1 million in liability coverage and $1 million in uninsured motorist protection.
• Waiting for a Ride Request: When a driver is logged into the app but has not yet accepted a ride, coverage includes $100,000 in bodily injury, $50,000 per injured person, and $25,000 in property damage. However, Uber and Lyft do not cover medical expenses, so passengers and drivers are responsible for those costs.
• Third-Party Fault: If a third party is at fault for the accident, you’ll need to prove their liability and seek damages from their insurer. This situation can complicate claims, especially if the other driver is uninsured or underinsured.

Steps to Strengthen Your Case

To increase the likelihood of a successful claim or lawsuit after a rideshare accident, follow these steps:

• Document the Scene: Take photos or videos of the accident before vehicles are moved. This can preserve important evidence.
• Gather Information: Collect insurance details, names, and contact information from all drivers and witnesses.
• Avoid Social Media: Don’t post about the accident online. Social media content can be used as evidence in legal proceedings.
• Seek Medical Attention: Even if you don’t feel injured, it’s important to get checked by a medical professional. You have up to two years to file a lawsuit, so do not rush to dismiss potential injuries.
• Keep Records: If you receive treatment, keep a record of medical bills, missed work, and any other financial losses related to the accident. This documentation is crucial for calculating compensation.

The Importance of Medical Documentation

Medical documentation plays a vital role in your case. It can help establish a direct link between the accident and your injuries.

• Types of Documentation: Make sure to keep records of all medical visits, diagnoses, treatments, and prescriptions.
• Impact on Compensation: Documenting your medical condition can significantly influence the amount of compensation you may receive. It provides concrete evidence of the impact the accident has had on your life.

What if You Are an Uber or Lyft Driver?

Drivers also need to protect themselves in the event of an accident.

• Liability Coverage: If you are a driver and caused the accident while transporting a passenger or waiting for a ride request, Uber or Lyft’s $1 million liability insurance will cover bodily injury and property damage to passengers and other parties. However, this policy does not cover your own injuries if you’re at fault.
• Claiming Compensation: If you were not at fault, you can file a claim with the other driver’s insurance. Uber provides up to $1 million in uninsured or underinsured motorist coverage if the other driver doesn’t have insurance. Lyft’s coverage varies by state.
• Reporting the Accident: Regardless of fault, report the accident to both your insurance company and Uber or Lyft.

Navigating the Legal Process After an Accident

Understanding the legal process after a rideshare accident can be daunting. Here are a few steps to consider:

• Consulting a Lawyer: Engaging with an experienced attorney can help you navigate the complexities of rideshare accident claims. A lawyer can help determine the best course of action based on the specifics of your case.
• Filing a Claim: Your attorney can assist in filing claims with the appropriate insurance companies and gathering the necessary evidence to support your case.
• Negotiating Settlements: Often, rideshare companies and insurance providers will prefer to settle claims outside of court. An attorney can negotiate on your behalf to ensure you receive a fair settlement.
• Preparing for Trial: Your case may proceed to trial if a fair settlement cannot be reached. Your attorney will help prepare your case, gather witnesses, and present evidence to support your claim.

The Impact of Rideshare Services on Road Safety

Rideshare services have changed the dynamics of road safety. The U.S. National Bureau of Economic Research reports a 3% annual increase in traffic fatalities due to the rise of rideshare services, which is linked to the demand for faster response times. However, rideshare services are also credited with reducing alcohol-related traffic deaths by 6.1%.

Contact the Skilled South Bend Uber and Lyft Car Accident Lawyers at Wilson & Kinsman, LLC for Help Today

Navigating the complexities of rideshare accident law can be challenging. The South Bend Uber and Lyft car accident lawyers at Wilson & Kinsman, LLC can help clarify the legalities. Call 574-522-1900 or fill out our online form for a free consultation. Located in Elkhart and South Bend, Indiana, we serve clients in Goshen, Mishawaka, Granger, Osceola, Bristol, and La Porte.