Rideshare services like Uber and Lyft have become a common way to get around – offering convenience and affordability.
But what happens if you’re involved in an accident while using one of these services?
It’s important to understand how the law applies to rideshare accidents and what steps you need to take if you find yourself in this situation.
Here, I will break down the key points you need to know in simple terms.
The basics of rideshare accident laws
Rideshare companies such as Uber and Lyft have specific policies and insurance coverage that come into play during a collision. Unlike standard car wrecks – rideshare accidents involve additional layers of legal and insurance complexities.
While Georgia and many other states don’t have special laws exclusively for rideshare accidents – the general car accident laws do apply. This means that understanding liability and how insurance coverage works is essential.
Who is liable in a rideshare accident?
Liability in a rideshare accident can vary depending on the circumstances. For example –
If the rideshare driver is at fault – the company’s insurance may cover the damages. But it depends on the driver’s status at the time of the accident.
If the rideshare driver was actively logged into the app and transporting a passenger – the rideshare company’s insurance policy generally covers up to $1,000,000 in liability.
If the driver was logged into the app but waiting for a ride request – a lower level of coverage might apply.
If the driver was not logged into the app – then the driver’s personal insurance is responsible.
It is important to gather as much information as possible about the crash, including – the driver’s status and insurance details. Consultation with a rideshare accident lawyercan help you deal with the complexities and understand your rights.
What should you do after a rideshare accident?
If you find yourself in a rideshare accident – here are the steps you should follow.
Make sure everyone is safe and call for help
Check for injuries and call 911 if anyone is hurt. Even if the accident seems minor, contacting emergency services is important.
Collect information
Get the – driver’s name, contact details, and insurance information. Take note of whether the driver was logged into the rideshare app.
Document the scene
Use your phone to take pictures of the – vehicles, the accident scene, and any visible injuries.
Seek medical attention
Even if you feel fine – it is essential to get checked by a medical professional. Some injuries might not show up immediately but can have long-term effects.
Speak with an attorney
Contacting a rideshare accident attorney can help you understand the next steps and what compensation you may get.
Common challenges with rideshare accident claims
Rideshare accidents can bring unique challenges when dealing with insurance companies. Here are some of the most common issues.
Insurance denial
Sometimes, the rideshare company’s insurance carrier may deny your claim – arguing that the driver was not at fault or that the accident happened off-duty. This is where having a rideshare accident lawyer can make a significant difference.
Multiple insurance policies
When a rideshare accident happens – there may be more than one insurance policy involved—the rideshare company’s policy and the driver’s personal insurance. Determining which policy applies can be complex.
Comparative fault
In states like Georgia – modified comparative negligence laws apply.
This means that if the court finds you less than 50% at fault, you can still recover damages, but the court will reduce your compensation by your percentage of fault. Insurance companies may use this to argue that you share the blame. So, it is essential to build a strong case.
Potential compensation you can seek
If you injure yourself in a rideshare accident – you can get different types of compensation, including –
Medical expenses
This includes costs for – emergency treatment, surgeries, hospital stays, medication, and future medical needs.
Lost income
If your injuries prevent you from working – you can claim lost wages and even future earning potential if the injury leads to long-term disability.
Pain and suffering
Compensation for physical pain and emotional distress is often part of the claim.
Property damage
If your vehicle or belongings are damaged in the wreck – you could include repair or replacement costs in your claim.
Permanent disability
If the accident results in a long-term injury that affects your quality of life – you may receive additional damages.
What to do if your claim is denied?
If your claim is denied or if the insurance company offers a low settlement – it is important to speak with an Atlanta personal injury lawyer. Insurance companies often try to minimize payouts – so having a lawyer on your side can ensure your case is fairly evaluated. An attorney can –
Gather evidence
Negotiate with the insurance company
And, if necessary, take your case to court
Common mistakes to avoid
When dealing with a rideshare accident – it is easy to make mistakes that could weaken your case. Here are some pitfalls to watch out for –
Accepting the first settlement offer
Insurance companies might offer a quick settlement to close the case. Always consult your lawyer before accepting any offer.
Not seeking immediate medical care
Delays in treatment can hurt your claim – as the insurance company may argue that your injury isn’t serious.
Talking to insurance adjusters without legal advice
Be cautious when speaking to insurance representatives. Anyone can use anything you say to reduce your claim.
Final thoughts
Rideshare accidents can be complicated due to the various insurance policies and legal issues involved. However, consulting with a rideshare accident attorney ensures that you can handle the process, from filing a claim to negotiating fair compensation. Remember – getting legal advice earlier on can control costly missteps and improve your chances of a fair outcome.
If a rideshare collision involves you and you need help understanding your options, contact us for a consultation.