Who should be held liable if you get into a car accident with an Uber or a Lyft driver? It’s important that you consult with a Plymouth car accident attorney to help you establish liability. However, it’s very important that you understand the rideshare business model. Lyft and Uber do not own, control, or operate cars and they do not hire drivers. The drivers are independent contractors who get into an agreement with these companies to pick up passengers. Users have to download the apps into their phones and arrange to have a driver pick them up via the apps. Pricing on the apps varies. However, there is something called a surge; whereby the prices shoot up whenever there is a sudden increase in demand for rides.
Car Sharing Services Associated with Increase in Fatalities
According to research undertaken by the University of Chicago Booth School of Business, the advent of ride-hailing services such as Uber and Lyft has resulted in a 3% rise in motor vehicle fatalities and fatal accidents. This increase in accidents continues over time and on different days of the week, demonstrating a considerable influence on road safety. According to the report, the increase in accidents is due to variables such as more automobiles on the road, more congestion, and driver subsidies to stay on the road between tolls, resulting in higher overall traffic volume. Furthermore, even in the presence of existing public transit infrastructures, the increase in accidents is particularly noticeable in larger cities.
Who Should be Held Liable in an Uber Accident?
Just like any other car accident case, you have to be able to prove liability and damages in order for you to get compensated. You can do this by seeking the help of a Plymouth car accident lawyer or by filing a claim yourself.
Liability simply means showing that the Uber driver was the one responsible for the accident or they acted in a negligent manner that resulted in an accident. Damages mean you were injured and/or your property was destroyed in the accident.
In a normal car accident claim, you would file a claim against the driver and then follow it up with the driver’s insurer. However, the process of filing a claim against an Uber or Lyft driver is not as straightforward as it should be.
Most Uber drivers carry a personal policy, which will not cover your damages. In fact, the insurance company will quickly deny the claim because the insurance contract specifies it is a personal cover and ridesharing isn’t covered.
The good news is that Uber offers its drivers’ liability insurance which becomes effective after the driver’s insurer denies their claim. In summary, you can hold Uber and Lyft responsible if you were involved in an accident with one of their drivers.
How Uber and Lyft Accident Insurance Works
Uber or Lyft drives are not always on the clock. This means that if they were not logged into the app when the accident happened, then their personal insurance will come into play. If the driver was logged into the app but hadn’t accepted a ride from a paying customer Uber offers third-party liability coverage of up to $50, 000 per injury as well as $25, 000 for property damage.
If the driver had already picked up a passenger and was on the way to drop them off they can claim the full $1 million of collision and liability coverage.
The Potential Liability of an Uber Driver in a Car Accident
If you suffered a permanent injury, the Uber driver may bear liability whether they were logged into the app or not. Most drivers carry the state minimum insurance despite having the option to also purchase commercial insurance.
The driver’s PIP might kick in but it might not be enough to cover the cost of your injuries. Additionally, the driver’s insurer might deny the claim by stating that they didn’t know the driver was contracting to carry passengers.
Consulting a Plymouth Car Accident Attorney
It is highly recommended to consult with a Plymouth car accident attorney who has experience handling cases involving rideshare companies. They will have a deep understanding of the relevant laws and can navigate the complexities of your case, ensuring that your rights are protected and maximizing your chances of receiving fair compensation.
