Liable if I Am Injured in Uber or Lyft Accident

Q: Who Is Liable if I Am Injured in an Uber or Lyft Accident?

Rideshare services like Uber and Lyft are convenient and easy to use, but that can all change if you get into a crash. Once the dust clears, one of the most challenging parts is determining who is liable and pursuing compensation for damages.

Rideshare services like Uber and Lyft are convenient and easy to use, but that can all change if you get into a crash. Once the dust clears, one of the most challenging parts is determining who is liable and pursuing compensation for damages. The process differs somewhat from other kinds of collisions, since the drivers are independent contractors. How does this work?

The rideshare driver may be liable if their negligent actions led to the accident. Examples include distracted driving, speeding, or violating traffic laws. Or, the rideshare company might share responsibility under certain circumstances.

Another driver involved in the accident could be liable if their actions caused the collision; a pedestrian or cyclist might be at fault. Finally, vehicle manufacturers may bear liability if a defective auto part contributed to the accident.

How Does Insurance Coverage Work for Rideshare Accidents?

Rideshare insurance coverage operates on a phase-based system that determines the applicable policy limits:

Phase O:When the driver is not logged into the rideshare app, their personal auto insurance applies exclusively.
Phase 1:When the driver is logged in but has not accepted a ride request, rideshare companies may provide limited liability coverage (often $50,000 per person for bodily injury).
Phase 2:After accepting a ride but before picking up a passenger, coverage generally increases to approximately $1 million in liability coverage.
Phase 3:While transporting passengers, maximum coverage applies, generally $1 million in liability plus additional coverages.

How Do I File a Claim After a Rideshare Accident?

Filing a claim after a rideshare accident begins with reporting the incident through the rideshare application. Both major platforms have dedicated sections for accident reporting. Subsequently, you will need to contact the appropriate insurance companies, which may include the rideshare company’s insurer, the driver’s personal insurance, your own insurance, or another driver’s insurance.

Your claim should include thorough documentation of all injuries and damages. Medical records, bills, proof of lost wages, and evidence of pain and suffering will strengthen your position. Be mindful of the statute of limitations in your jurisdiction, as these legal deadlines restrict how long you have to file a lawsuit after an accident.

How Can a Lawyer Help With My Rideshare Accident Case?

A car accident lawyer experienced in rideshare cases can offer valuable assistance through the comprehensive investigation of accident circumstances and gathering evidence to establish liability. They can identify all potentially responsible parties and applicable insurance policies while calculating the full extent of your damages, including future medical needs.

Your lawyer can handle communications with insurance adjusters who often attempt to minimize claims. They bring negotiation experience for fair compensation based on similar cases and your specific injuries. If a fair settlement cannot be reached, they will represent you effectively in court proceedings.

How Can a Lawyer Prove Which Phase the Rideshare Driver Was In?

A lawyer can prove which phase the rideshare driver was in by requesting digital records from the rideshare company, such as GPS data, trip logs, and timestamps. These documents show whether the driver was logged into the app, waiting for a ride, en route to a passenger, or actively transporting one.

Our legal team also uses police reports, dashcam footage, and phone records to support the timeline. Witness statements and surveillance footage can further clarify the situation. By combining these sources, we build compelling cases that identify the exact phase and determine which insurance policies apply.

South Bend Car Accident Lawyers at Wilson & Kinsman, LLC Have Significant Rideshare Crash Litigation Experience

If you sustained injuries in a rideshare accident, our South Bend car accident lawyers at Wilson & Kinsman, LLC will guide you through the legal process. We understand the challenges you face and are committed to protecting your rights while you focus on recovery. For a free consultation, call 574-522-1900 or complete our online form. Located in Elkhart and South Bend, Indiana, we serve clients in St. Joseph County and throughout the state.

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Tom Wilson and his team went out of their way to help me with my case. I had different attorneys throughout the 4.5 years, Tom and the team picked up and finished my case at awesome time. Thank you Tom and your team are very awesome!!!!!

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I would like to first give thanks to Eric Kinsman for all he has done for me. I got a criminal mischief charge and was facing a year in jail, this is because I have a past that didn’t look good on me. The prosecutor was determined to get me jail time which gave me high stress, it’s been a long 6 months. What Eric did behind the scenes was incredible not only did he keep me informed on everything the whole time dealing with this case, he also managed to talk the prosecutor into giving me good behavior for a year. I didn’t think there was a chance in the world to make this happen but with the great knowledge he carries he seen things most would have not in this case. He was determined to keep me out of jail and off papers. I’m incredibly thankful to have chosen him as my attorney in this case.

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Eric Kinsman is a kind, professional, and compassionate lawyer who saved our lives when we were falsely accused. We were terrified, confused, and stunned by the situation and he gave us guidance and help in the most stressful moment in our lives. He knows how to break down the game plan in easy to understand language so you know what is going to happen and you don’t feel disconnected or unsure of what is happening. He is very talented and knowledgeable and knows how to work with the prosecutor and really help his clients through the whole process. You’re not a number in Eric’s office – you’re a person and his staff treats you that way too. I will be eternally grateful to Eric Kinsman and his staff and their kindness and compassion.

L.M.

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I was charged with an OWI in Elkhart County and Eric was my first call. He was very helpful and personable throughout the entire process. I certainly appreciated his honesty and professionalism. Eric is definitely well experienced in handling these matters. Thanks to his help and guidance, we were able to have all of our necessary steps done before going to court that helped to retain driving privileges. The judge even remarked at how well the case had been managed during the hearing. With Eric’s help, I was able to obtain specialized driving privileges very promptly. I am still able to tend to my life’s responsibilities and my work. I would highly recommend Eric to anyone else needing help with OWI/DUI charges.

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5 Stars from start to finish – Tom is real and knew exactly what to do to navigate through the obstacles and achieve the best outcome in my case. He got it done, well-done, but more importantly, time and again, Tom and his team demonstrated that they possessed the empathy, foresight, professionalism, and organizational capability to make the difference I needed as they managed my case to a successful conclusion. The team at Wilson Law were attentive and supportive, the terms were fair and affordable, the relationship was forthcoming and they enabled me to confidently understand and manage my own role in my own case.

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Who Is Liable if I Am Injured in an Uber or Lyft Accident?