Ridesharing has become a competitor to car services, such as taxis. This has become a popular form of transportation, so there are more rideshare vehicles on the road. With the increased number of transportation vehicles on the road, more vehicles are in accidents with contracted parties. If you were hit, you might be able to file a personal injury claim and recoup compensation for your damages.
If the driver is at fault for the crash, you will proceed with a claim as you would against any other liable party. You will need to keep all records, evidence and documentation to support your claim and prove what happened and the damages you suffered.
How Does Ride Sharing Work?
Ride sharing companies dio not own or operate its own vehicles. It doesn’t even control them. The drivers aren’t hired by the company. Drivers contract with the company to act as an independent contractor and to use their own vehicles for hire.
Companies like this have a pricing structure that in some cases is less expensive than taxi service but in other instances more expensive than a taxi. To get a ride using ride sharing, passengers use a phone app. Drivers have an app that they use to be notified of paying passengers and an app that must be kept open and running when transporting a paying fare.
Who is Liable for Damages?
For a successful personal injury claim, you must prove liability. This means you need to show that the other driver is at fault and that you suffered damages. You can have a successful claim if you prove that the driver acted negligently.
A personal injury claim after being hit by a vehicle is no different than any other personal injury claim. Some states use modified comparative negligence, which means you cannot recover damages if you are 51% or more at fault for the crash involving a ride sharing company.
Determining Whose Insurance is Liable for Damages
Any contractor must have his or her own insurance coverage on their auto. The auto insurance coverage must meet or exceed the requirements established by state laws. If the driver is available to take a paying customer or is transporting a client, usually, the driver’s traditional auto coverage will not provide coverage for any accident. Most personal auto policies do not cover damages that result from accidents when the vehicle is being used for hire.
However, big ride sharing companies do have commercial auto coverage for its drivers and this comes into effect when the driver is available to transport customers or is in the process of transporting a client. The driver must be logged into their app for the coverage to be effective. If the driver is available for a client but not actually transporting, the commercial coverage provides up to $50,000 liability for a single injured person and up to $100,000 for bodily injury per accident, as well as $25,000 property damage coverage. If the driver is transporting a client, the company offers $1 million coverage.
Consult with a Personal Injury Attorney
If you have been hit, there is a two-year statute of limitations for pursuing a claim. Complete the Free Case Evaluation Form on this page so you can get your case reviewed by an accident injury lawyer!
Additional Resources
*Disclaimer: The content of this article serves only to provide information and should not be construed as legal advice. If you file a claim against Uber, or another party, you may not be entitled to any compensation.
