Rideshare Accidents: Understanding The Basics of Liability & Filing a Claim

Rideshare Accidents

Rideshare Accidents

Were you involved in a car accident with Uber or Lyft? Did you sustain injuries in the crash and need to file a claim? If so, then you need to learn all that you can about the legal side of rideshare accidents.

As you might imagine, there are many gray areas within this type of accident. It can be tricky to get to the bottom of who’s at fault. This is even more difficult when no one will admit fault. If you were in a rideshare accident, it’s important to learn the legal basics to help you determine what to do next. 

 

About Rideshare Accidents

After a rideshare accident, you can file a personal injury claim. However, do you know how to?

First, it’s best to get a better understanding of the term “rideshare.” A rideshare company is any form of business that provides contracted drivers to chauffeur passengers. The drivers are supposed to drive their own personal vehicles and are not given company cars by their employers. 

To streamline the communication between customer and driver, these apps, such as Uber and Lyft, use a communication system within the app itself. This is where customers can hire the drivers, agree to payment terms, and set pick-up and dropoff locations.

For example, let’s say you just landed at the airport and didn’t have a rental car or someone there to pick you up. You could pull out your phone, open the rideshare app of your choice, then arrange for a driver to pick you up.

It’s simple and convenient, which explains why it’s so widely used across the United States. However, due to its huge popularity, there are more cars on the road, which creates more traffic, and ultimately, leads to more car accidents.

 

What to Do if You’ve Been in a Rideshare Accident

Rideshare Accidents

Many drivers are prepared to be in a car accident at least once in their lifetime. In fact, drivers’ chances of getting into a crash during a 1,000-mile trip are 1 in 366. However, most are not prepared for what to do if the accident involves an Uber or Lyft. Here’s what to do immediately following a rideshare accident.

1. Check for Injuries and Get to Safety

Even though the rideshare driver is technically the “professional” in this situation, you shouldn’t wait for them to take control. First, start by assessing whether or not you have any injuries, then instruct your driver to do the same. Have the driver turn the car off, then safely make your way outside of the vehicle. 

Once everyone is out, move to the side of the road, but keep all involved vehicles where they are. Altering evidence interferes with the case. It will also make it difficult for police to be accurate in their police report.

2. Call 911

After you and all other parties are out of harm’s way, call the authorities immediately. The operator will dispatch local authorities to your location. Even if you do not appear injured, request medical presence, as well. Also, be sure to let the operator know that you want medical attention, so they can dispatch an ambulance. Don’t just assume they will.

Only a medical professional can confirm how minor or severe your injuries are. While waiting, stay as amicable as possible with the rideshare driver and all other parties involved. Do not engage in conversation, and keep to yourself. 

3. Gather Evidence

When the police arrive, they will immediately begin gathering statements for their police report from you, other parties, and witnesses. Then, when it’s your turn, try to stay calm and tell them what occurred. Don’t engage with other parties that might be more hysterical; the evidence will speak for itself eventually.

After you’ve given your side of the story, get to work on gathering evidence. Take photos of everything (and everyone) that you can, get contact information from all parties, and be sure to get contact information from all witnesses as well. This is the only time you should speak with all involved parties. However, be sure to just collect information and nothing else.

 

Determining Who Is at Fault

Rideshare Accidents

This is one of the most important factors in the process. It must be proven who was liable for the accident, therefore causing the injuries and damages. That depends on who was responsible. Addressing these questions will prove who was at fault and why. 

  1. Did the driver disobey traffic laws?
  2. How did they break those laws?
  3. How did their recklessness or negligence result in your injuries?

Additionally, multiple parties could be at fault. Asking these three questions will help you pinpoint all who were liable. All of this must be supported by evidence, which is why you must follow the recommended steps in the previous section. 

 

When to File a Claim

In a typical car accident, you would simply file a claim with the insurance provider of whoever you feel was at fault for the crash. However, in the case of a rideshare accident, a driver’s personal car insurance policy cancels out when the car is used for business reasons (such as rideshare).

For that reason, you’ll want to file a claim with the liability coverage of the rideshare company, like an Uber or Lyft, that you used. They both offer up to $1 million in coverage. If you were the passenger of a rideshare accident, your situation would be referred to as a “Period 3” accident. This is when a passenger was still in the vehicle when the accident occurred. 

Ideally, you want to file a claim as soon as possible. Depending on what state you were in when the accident took place, you only have a limited amount of time to file. This is in accordance with the statute of limitations and typically expires after two years in most states. 

Before contacting the insurance companies, consult with an experienced attorney. A lawyer can advise you of the next steps and warn of common mistakes victims typically make following a rideshare accident. 

 

Hire a Rideshare Accident Attorney Right Away

Rideshare Accidents

Now that you have seen an in-depth guide on rideshare accidents, be sure to begin the process by hiring a rideshare accident lawyer. If you were involved in an accident and looking for more answers, Alpha Accident Lawyers can help. Schedule a free consultation with one of our attorneys today. Our team is available to assist you 24 hours a day, seven days a week.

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