Lyft, Uber and other rideshare companies continue to be a popular alternative to taking a taxi or other form of public transportation. However, accidents can happen, and Uber or Lyft passengers may wonder whether they may be eligible to recover damages for injuries related to the crash.
If you were injured in a rideshare collision, the experienced South Bend car accident attorneys at Pfeifer, Morgan & Stesiak are prepared to discuss the crash. If you have a valid claim, we may be able to help you file a claim for compensation. These cases are often complex and may involve multiple insurance companies, so it may be beneficial to have a competent and knowledgeable legal team working on your behalf.
If Your Driver Is in an Accident, do You Have a Claim?
Indiana has a fault-based insurance system, which means the at-fault party is responsible for paying for the damages he or she caused. Typically, accident victims seek compensation from the insurance provider of the at-fault driver.
However, many insurance companies exclude coverage when a person uses his or her personal vehicle to generate income. If a rideshare driver is at-fault for the accident, and his or her insurance company will not cover the damages, you may be able to file a claim against the rideshare company’s insurance provider.
Insurance from the Ridesharing Service
Uber and Lyft widely advertise the availability of a $1 million insurance policy for its drivers. However, this coverage does not always apply. The amount of coverage provided is based on when the accident occurred during the rideshare transaction.
Periods of coverage and the applicable insurance benefit for Uber and Lyft include:
- The driver is not logged into the rideshare app – The rideshare company provides no coverage.
- The driver is logged onto the app but has not accepted a request for a ride – Liability coverage is up to $50,000 per person injured in an accident. Total injury liability per accident is $100,000. There is also up to $25,000 in property damage liability.
- The driver has accepted a request and is on the way to pick up the passenger – Third-party liability coverage is $1,000,000.
- The driver has picked up a passenger and is on a ride – Third-party liability coverage is up to $1,000,000. Additionally, the rideshare service provides uninsured and underinsured motorists’ coverage in addition to property damage benefits for the driver’s vehicle.
It is important to remember that the $1 million coverage is the maximum amount of coverage, not a promised payout. The rideshare company’s insurance provider will likely seek to minimize the value of the claim or deny it altogether.
An experienced personal injury attorney from our firm knows how to fight for fair compensation against an insurance company dedicated to pay out as little compensation as possible.
Using Your Own Insurance
You may be able to file a claim through your insurance company. Your personal injury protection benefit may provide payment for some of your damages. Your insurance provider may then seek reimbursement from the rideshare company or the driver’s personal insurance.
Common Types of Dangerous Rideshare Driving
If you were in an accident because a rideshare driver exhibited reckless or dangerous behavior while transporting you, you may be eligible to file a claim against the driver or the rideshare company for damages. Some common forms of dangerous driving among rideshare drivers include:
- Driving while fatigued – Rideshare drivers often work part-time for the rideshare company while working other full-time jobs. A rideshare driver who has not had enough rest and gets behind the wheel while drowsy may be at risk for falling asleep at the wheel. Driving while fatigued can also cause a driver to have impaired judgement or delayed ability to react.
- Driving with distractions – Texting or talking on a phone may increase the chances of being involved in an accident.
- Engaging in road rage – Spending so much time in traffic may cause a rideshare driver to lose patience with other drivers and drive erratically in retaliation for perceived slights.
- Driving a vehicle in poor condition – Rideshare drivers may log many miles on their vehicles. Bad brakes, blown out tires or other mechanical failures can endanger passengers.
Taking a trip in a ridesharing vehicle can also be dangerous because there are reports of ridesharing passengers being assaulted or kidnapped. The reliability of Uber and Lyft background checks have recently come into question, amid reports on this kinds of criminal behavior by drivers.
If you continue using a ridesharing service, you should follow recommended safety practices to help stay safe. These safety tips also apply if you are traveling in a taxi.
How an Experienced Attorney May be Able to Help
Accidents involving Uber, Lyft and other ridesharing companies are often complicated, which is why you may want to have a licensed attorney representing you. Our legal team at Pfeifer, Morgan & Stesiak has a history of recovering compensation from negligent drivers in Indiana.
Our experienced personal injury lawyers at Pfeifer, Morgan & Stesiak welcome the opportunity to review the details of your claim in a 100 percent free, no-obligation consultation. There is no risk to you as we do not charge any upfront fees unless we are successful in pursuing compensation on your behalf.
We are ready to assist you today. Call (574) 444-0741.
