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2 weeks ago
Rideshare Accident: Who’s Liable and What Coverage Applies?
There are approximately 1.86 million rideshare-specific vehicles used in the United States, according to data from True Driving Cost. That staggering number means that there will inevitably be accidents involving rideshare drivers every day. But what happens if you are in the car with the driver when an accident occurs? Uber and Lyft accidents create more complicated insurance and liability questions than ordinary car crashes. Coverage depends heavily on what the driver’s app was doing at the exact moment of the collision, and liability can involve the driver, a third-party motorist, or (in limited ways) the rideshare company itself. Who Can Be Liable? Liability (legal responsibility) is separate from which insurance policy pays. Multiple parties may share fault: The rideshare driver — If they were negligent (distracted by the app, speeding, failing to yield, etc.), they are generally the primary liable party. Their coverage then depends on the period. A third-party driver — If another motorist caused the crash, that driver’s liability insurance is usually primary. If they are uninsured or underinsured, rideshare UM/UIM coverage (available in Periods 2/3 in many states) can provide additional protection for the passenger. Uber or Lyft — Direct lawsuits against the companies are difficult in most cases because drivers are classified as independent contractors rather than employees. This limits traditional “vicarious liability” claims. Claims are more commonly pursued through the commercial insurance policies the companies maintain. Direct claims against the company are sometimes possible in narrower situations (e.g., negligent driver screening or app-related issues), but these are fact-specific and harder to prove. See also: Elder Law Attorney: Navigating Legal Challenges for Seniors Other parties — Vehicle manufacturers (defective parts), municipalities (dangerous road conditions), or others can occasionally share responsibility. Don’t hesitate to reach out to a personal injury attorney in Melbourne, Florida (or whatever city you live) to gain proper legal advice on this matter. An attorney will likely meet with you free of charge and tell you what your best move is. They will assist you in recovering damages too. And they usually don’t get paid unless you do. Ride share companies carry insurance and their drivers are usually covered under their policy. There is a great deal of nuance on this topic so speaking directly to an attorney in your state is advised. This blog post is not meant to act as official legal advice, as there are many different laws for all 50 US states.
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