If you have been involved in an accident with a vehicle being used to transport paying passengers for a rideshare company, you might be wondering who is responsible for the crash.
Just like any other auto accident, that is dependent on several features. After all, rideshare drivers are not employees of the rideshare company. Instead, they are independent third-party contractors. Also, it depends whether the driver was available to transport a rideshare client or if the driver was actively transporting a paying client.
However, just like with any other accident, police should be notified, and an accident report must be completed.
Who is Responsible for my Damages Resulting from the Crash?
From the legal standpoint, employers can be held liable for the damages caused by an employee’s actions to a certain extent. But those who are operating a vehicle for rideshare company are not employees, they are independent contractors.
As a contractor, the independent, third-party driver is more responsible. The rideshare company would have limited liability in the event of an accident. It might be impossible to file a direct lawsuit against the rideshare company, but the rideshare company’s insurance coverage might have some liability or responsibility for the damages that result from the accident.
A rideshare driver is required to have his or her own auto insurance coverage. However, the rideshare company is required to have insurance that will supplement the coverage maintained by the driver. The insurance coverage offered by the rideshare company is only in effect when the driver is available to transport customers or is in the act of transporting a customer.
The Liability Process for a Rideshare Company
When a rideshare company is involved, there is a three-tier process as far as insurance coverage goes.
The driver’s personal auto insurance coverage is the first tier. This coverage is in effect when the driver is not working or acting on behalf of the rideshare company. This means when the driver is not available to transport a customer for the rideshare company or not actively transporting clients.
When the driver is actively available to transport a client for the rideshare company, the second tier of coverage comes into play. While the driver has his or her own auto insurance coverage, there could be situations where his or her personal coverage isn’t available. In that case, the rideshare company’s coverage available.
If a customer is being transported on behalf of the rideshare company, the third tier of coverage kicks in.
What Damages Can Be Recovered?
Just as with any kind of auto accident, there are dozens of damages that can result from a crash with a rideshare company driver. Past and future medical expenses, pain and suffering, past and future lost wages, mental trauma, property damages, loss of enjoyment of life, permanent scarring and disfigurement, and loss of consortium are some common damages that might result from such an accident. Your personal injury attorney will determine which damages you suffered.
Consult with a Personal Injury Attorney
If you have suffered damages because of an accident involving a rideshare driver, you should consult with a personal injury attorney. Complete the Free Case Evaluation Form so you can find out if the rideshare company or other driver is responsible for your crash.
