Uber and Lyft have become a popular transportation option in North Carolina. However, rideshare accidents are a type of car accident that can be a real headache with multiple parties involved – the rideshare driver, other third-party drivers, and the rideshare company itself. If you’ve been in a rideshare accident, you need to act fast to protect your health and legal rights.
In this post, we’ll go over the steps to take after a rideshare accident, how liability is determined, and why you need to work with a Raleigh rideshare accident lawyer to get what you deserve.
Steps to Take After a Rideshare Accident
After a rideshare accident, you need to follow specific steps to ensure your safety, document the incident, and protect your legal rights. By acting fast you can help preserve your ability to get compensation for any injuries or damages. It is also crucial to consult an experienced car accident attorney to navigate the complexities of the claims process.
Safety and Medical Attention
The first and most important step after any accident is to ensure everyone’s safety. Check yourself and others for injuries and if necessary call 911. Even if injuries seem minor you should seek medical attention as some conditions may not have immediate symptoms. Medical attention not only addresses your health but also provides necessary documentation for claims.
Document the Scene
Once safety is secured start documenting the accident scene. Take clear photos of the vehicles involved, any visible injuries, and the surrounding area. If possible get contact information from witnesses and the rideshare driver – names, phone numbers, and insurance info. Also, request a copy of the police report when they arrive. This information will be important when filing an insurance claim or lawsuit.
Notify the Rideshare Company
You should also report the accident through the rideshare app – whether it’s Uber, Lyft, or another service. Both companies have a process for reporting accidents. By following their process you can ensure the incident is logged which may be necessary when dealing with insurance and liability issues.
Who is Liable in a Rideshare Accident?
Liability in a rideshare accident can be tricky with multiple parties involved. Knowing who is liable is key to getting compensation for damages or injuries. Depending on the circumstances of the accident liability could be the rideshare driver, a third-party driver, or even the rideshare company itself.
Rideshare Driver’s Responsibility
In most cases, the rideshare driver is at fault. If the driver was negligent, distracted, or broke traffic laws they can be held liable for damages. Rideshare drivers, while on the Uber or Lyft platform, are still individual contractors responsible for their actions on the road. If the accident occurred while they were transporting a passenger or on their way to pick up a fare their liability may be covered by the rideshare company’s insurance.
Third-Party Driver Liability
If another vehicle is involved in the accident the liability may be the third-party driver. This is when a non-rideshare driver causes the collision – reckless driving, speeding, or other forms of negligence. In this scenario, the third-party driver’s insurance would be the primary source for damages to the rideshare driver and any passengers.
Rideshare Company Liability
Rideshare companies like Uber and Lyft have varying levels of insurance coverage depending on the driver’s status at the time of the accident. Accidents involving a rideshare vehicle come with specific legal considerations, making it crucial to understand the complexities of these cases. If the driver was logged into the app but not carrying a passenger, contingent liability insurance may apply. When a passenger is in the vehicle or the driver is on their way to pick one up, the rideshare company’s more robust insurance policy usually kicks in. However, the company’s liability is often limited, and determining when their coverage applies can be legally tricky.
Rideshare Insurance Coverage
Rideshare accidents have a unique insurance structure that varies based on the driver’s activity at the time of the incident. Both the driver’s insurance and the rideshare company’s insurance policy are involved. Understanding these coverage periods and how the policies work together is key for anyone involved in a rideshare accident. Additionally, underinsured motorist coverage is crucial to ensure adequate protection for all parties involved in a rideshare accident.
Coverage Periods
Rideshare insurance is divided into different periods depending on whether the driver is using the app or transporting passengers. If the driver is logged into the app but has not yet accepted a ride the rideshare company provides contingent liability coverage. This limited coverage is lower than the full coverage when the driver is on their way to pick up a passenger or has a passenger in the vehicle. During these periods the rideshare company’s insurance covers a large portion of liability – typically up to $1 million in coverage.
Rideshare Company vs. Personal Insurance
A major question in rideshare accidents is how the driver’s auto insurance interacts with the rideshare company’s insurance. In most cases, a driver’s insurance will not cover accidents that occur while they are using their vehicle for commercial purposes – like ridesharing. This is where the rideshare company’s insurance kicks in. But determining which policy applies can be tricky especially when accidents occur during periods of limited coverage – like when the driver is waiting for a ride request.
Rideshare Accident Claims
Filing a claim after a rideshare accident can be complicated due to the number of parties involved and insurance coverage. From dealing with multiple insurers to tactics to minimize payouts claimants will face unique challenges in rideshare accidents. Consulting a personal injury lawyer can help victims navigate these complexities and secure fair compensation for their injuries and damages.
Multiple Parties
One of the biggest challenges in rideshare accident claims is the multiple parties involved. Each of them may have some degree of fault. This includes the rideshare driver, the rideshare company, other drivers involved, and potentially the insurance companies for all parties. Figuring out the layers of fault and who is responsible for the damages will delay the claim and complicate the settlement.
Insurance Company Tricks
Insurance companies are notorious for minimizing or denying claims and rideshare accidents are no exception. Whether it’s the driver’s insurance or the rideshare company’s insurance the claimant will often face tactics like downplaying the injuries, questioning liability, or offering settlements that don’t cover the full extent of damages. Insurers will also try to use the complexities of the coverage periods to reduce their liability.
Why You Need a Lawyer for a Rideshare Accident Case
Rideshare accidents involve legal and insurance complexities so you need legal representation to protect you. A lawyer who has handled these types of cases can walk you through the process and get you the compensation you’re entitled to. Consulting a personal injury lawyer is crucial for navigating insurance claims, understanding your rights, and securing fair compensation, thus enhancing the chances of a successful outcome in personal injury cases.
Legal Help in a Complex Claim
Rideshare accidents are not simple. Determining liability involves multiple parties – the rideshare company, the driver, and any other vehicles involved. Each party may have their own insurance and the coverage will vary based on the driver’s status at the time of the accident. A lawyer can help you navigate the complexities, identify the responsible parties, and file the claims with the right insurers.
Maximizing Compensation
A lawyer can also help you get all the damages you’re entitled to. This includes medical bills, lost wages, property damage, and any pain and suffering you’ve endured. Without a lawyer, it’s easy to accept an initial offer that doesn’t cover all your expenses. A lawyer can negotiate with the insurance companies for you to get a fair and full settlement.
Been In a Rideshare Accident? Contact an Experienced Raleigh Rideshare Accident Attorney ASAP!
If you’ve been involved in an Uber accident or any rideshare accident in North Carolina, don’t navigate the complexities of your claim alone. Our experienced team at Mogy Law is here to help. We will guide you through the legal process, deal with insurance companies on your behalf, and fight to secure the compensation you deserve.
Contact us at (901) 443-9133 for a free case consultation!
