Services like Uber and Lyft have become an essential part of daily life for millions of Americans. While these services provide convenience and accessibility, accidents involving rideshare vehicles can leave passengers with injuries, mounting medical bills, and questions about their rights.
If you’ve been injured as a passenger, understanding the process of filing a personal injury claim is essential to protect your interests and receive fair compensation. Consulting a knowledgeable Lyft accident attorney can also provide valuable guidance throughout this process. This guide will walk you through the steps to file a claim, tackle common challenges, and navigate interactions with rideshare companies and insurers.
Liability in Rideshare Accidents
Determining liability in a ridesharing accident can be difficult. In general, it is determined by the circumstances of the accident, such as who was at fault and the driver’s status at the time of the incident. Liability typically falls into one of the following categories:
Rideshare Driver’s Negligence
If the accident occurred due to the rideshare driver’s negligence, their insurance policy and the company’s policy may apply. For example:
- If the driver was logged into the rideshare app and actively transporting passengers, the company’s commercial insurance policy typically covers damages.
- In Massachusetts, for example, companies like Uber and Lyft are required to carry $1 million in liability coverage during active trips.
Another Driver’s Negligence
If another driver caused the accident, their personal auto insurance policy should cover the damages. In these cases, the rideshare company’s insurance acts as secondary coverage.
Additionally, if the at-fault driver lacks sufficient insurance, most companies provide uninsured/underinsured motorist coverage to protect passengers.
Steps to Take After an Accident
If feasible, relocate to a secure location to ensure the protection of yourself and others. Even if your injuries appear to be minor, it is important to call 911 and seek medical attention. Symptoms that manifest at a later time may be concealed by adrenaline.
Then, record observations regarding the scene. Capture images of the environs, injuries, license plates, and vehicles. Contact information can be obtained from the ridesharing driver, any parties involved, and witnesses. Kindly request a copy of the police report.
The subsequent action would involve informing Uber or Lyft of the collision through the application. Both companies have established procedures for managing passenger claims.
Filing a Personal Injury Claim
Filing a personal injury claim as a rideshare passenger entails a number of steps to determine culpability, calculate damages, and reach a settlement. The first stage in any personal injury case is to establish fault. This often includes evidence such as police reports, witness accounts, and, if necessary, accident reconstruction.
Companies often attempt to minimize liability. That’s one of the reasons why you really should maintain all records of medical treatments, hospital bills, lost wages, and other costs related to the injury. Keep a journal documenting how your injuries have affected your daily life, including pain, mobility issues, or emotional distress.
Submit your claim to the appropriate insurance carrier. For example, if the rideshare driver was at fault, you may need to file with the company’s insurer. Uber and Lyft typically use third-party insurers.
Challenges in Rideshare Injury Claims
Rideshare companies often argue that their drivers are independent contractors, not employees, to reduce their liability. However, state regulations, like those in Massachusetts, require companies to maintain robust insurance policies that protect passengers during active rides. Rideshare accidents also involve overlapping insurance policies:
- The driver’s personal insurance
- The company’s coverage
- The at-fault party’s insurance
Pressure to Settle Quickly
Insurance adjusters may pressure you to accept a quick settlement that doesn’t fully cover your medical expenses, lost wages, or long-term impacts. Consult an attorney to evaluate any settlement offers.
Dealing with Rideshare Companies and Insurers
Handling corporate representatives and insurance adjusters requires patience and strategy. Here are some tips to handle such interactions effectively:
- Be cautious with statements: It is advisable to refrain from acknowledging fault or providing detailed statements without consulting an attorney. Any statement you make has the potential to undermine the validity of your assertion.
- Know your rights: You are entitled to equitable compensation for your injuries and damages as a passenger. Companies are mandated to maintain an adequate level of insurance coverage to safeguard you.
- Leverage state-specific protections: For instance, in Massachusetts, rideshare companies are subject to rigorous insurance and safety regulations, which may prove advantageous to passengers who wish to file claims.
Key Takeaways
Key Takeaways
Filing a personal injury claim as a rideshare passenger can feel overwhelming. Companies must provide insurance coverage for passengers during active rides, often up to $1 million. Whether you’re in Columbus and need a Columbus injury lawyer or in LA and need a Los Angeles attorney, it will likely increase your chances of success to have experienced council on board and in your corner.
Meeting with an lawyer in the field of personal injury can help you navigate these complex cases, as establishing liability is crucial and may involve multiple parties, including the rideshare driver and other motorists.
If an accident happens, make sure to document everything, seek legal representation, and don’t rush into accepting low settlement offers. Accidents are stressful, but taking the steps discussed today can help you recover both physically and financially.
If an accident happens, make sure to document everything, seek legal representation, and don’t rush into accepting low settlement offers. Accidents are stressful, but taking the steps discussed today can help you recover both physically and financially.
