Rideshare apps like Uber and Lyft provide a convenient transportation alternative to Angelinos. Since they employ independent contractors, almost anyone can become a rideshare driver, which helps increase the supply in our busy city.
However, this business model can introduce several complications, especially when a rideshare vehicle gets into an accident. As a passenger, who is liable for your injuries? Is it the driver, the company or another third party involved in the crash?
The answer depends on several factors.
Driver liability depends on their status
Whether a driver will solely be responsible for your injuries depends on their status during the accident. For example, Uber follows this system for coverage:
- When the driver is offline: If the driver is offline on the app and gets into an accident, their personal auto insurance will apply since they are an independent contractor.
- When the driver is online and available for a trip: Uber provides certain coverage if the driver is at fault.
- When the driver is on the way to a pick-up or on a trip: Uber’s insurance covers up to $1 million for property damage and injuries if the driver is at fault.
The last rule best applies to you as a passenger. That said, if your driver is to blame for the accident, you may be able to file a claim with Uber’s insurance.
Lyft and other rideshare services offer similar terms, although with varying coverage limits.
What damages can you claim?
If you sustained injuries in the accident, you may be eligible for compensation for the following:
- Medical expenses
- Wages lost due to your injuries
- Pain and suffering
- Disability
The driver or their company’s insurance may also cover personal property. This can be especially helpful if you have any lost or damaged property, such as laptops, phones or other valuables.
What if another driver was at fault?
Not all rideshare drivers are 100 percent to blame for vehicular crashes. If another driver is at fault, your claim may go through their insurance provider.
However, disputes can arise if both drivers are partially to blame. In such cases, a thorough investigation is necessary to determine liability and figure out who should answer for your injuries.
Do you need legal help?
Recovering compensation is not always a straightforward process. Liable parties may refuse to provide fair compensation—or refuse to do so at all. If you are facing this issue, consider talking to a personal injury lawyer who can help uphold your rights and seek the compensation you deserve.
