After a rideshare accident, compensation for your injuries comes from the at-fault party’s insurance, and a rideshare accident lawyer can correctly identify which insurance applies—the driver’s, another motorist’s, or the corporation’s.
The insurance policies at play shift depending on the driver’s status at the time of the crash, which adds layers to your claim that simply do not exist in a typical car accident case.
Securing compensation for your medical bills and other damages depends on correctly pinpointing all responsible parties and their corresponding insurance coverage from the very beginning.
Key Takeaways for Rideshare Passenger Injury Claim
- The at-fault party in a rideshare accident determines which insurance policy provides primary coverage.
- Rideshare companies like Uber and Lyft carry substantial insurance policies that may cover your injuries.
- Preserving evidence, including screenshots from the app and photos, strengthens your claim.
- Your rights as a passenger differ from those of the drivers involved in the collision.
- A personal injury attorney clarifies the process and builds your rideshare injury claim.
5 Immediate Steps To Take After a Rideshare Accident
If you’ve already received medical attention, then you’re headed in the right direction. Even from home, you can take several additional actions to protect your health and your potential injury claim.
These measures help you organize your case and establish a clear record of events:
- Document Your Injuries and Medical Care: Continue to follow your doctor’s treatment plan precisely, and organize all medical records, bills, and receipts in a dedicated folder. Keep a detailed journal of your physical symptoms, pain levels, and any limitations on your daily activities to document how the injuries affect your life.
- Report the Accident in the Rideshare App: Uber, Lyft, and other rideshare services have a process for reporting accidents within their applications. Open the app, locate the trip during which the accident occurred, and use the help or support feature to file an official report. Provide the facts of the incident without speculating on fault or the extent of your injuries.
- Gather All Related Information: Collect all documents and information related to the accident. This includes the names and contact information of the drivers involved, any witness information you gathered, and photos or videos you took at the scene. Take screenshots of your trip details and receipt from the rideshare app.
- Avoid Discussing the Case: Insurance adjusters from one or more companies may contact you for a statement, but you don’t have to speak with them before you consult a lawyer. Avoid discussing the accident or your injuries with anyone other than your doctors and your attorney, and don’t post about the incident on social media.
- Contact a Personal Injury Lawyer: An attorney can explain your rights, identify the available sources of compensation, and handle all communications with insurance companies on your behalf.
Who Holds Responsibility for a Rideshare Passenger’s Injuries?
Determining who is liable for a rideshare accident forms the foundation of your injury claim. As a passenger, you almost certainly carry no fault for the collision. The responsibility almost always falls on your rideshare driver, another motorist, or, in some cases, a combination of parties.
An investigation into the crash uncovers the specific acts of negligence that led to your injuries. This inquiry may involve reviewing the police report, interviewing witnesses, and examining vehicle damage. This evidence dictates the direction of your claim.
A key component of understanding what to do if you’re injured as a rideshare passenger involves deciphering the applicable insurance policies. Unlike a standard two-car accident, a rideshare crash can involve personal auto policies, massive commercial policies, and specialized UM coverage.
When the Rideshare Driver Causes the Crash
If your Uber or Lyft driver’s negligence caused the accident, you would file a claim against their insurance coverage. This could involve speeding, distracted driving, or another traffic violation. Your attorney first looks to the applicable rideshare accident insurance policy for compensation.
The amount of coverage available often depends on the driver’s app status at the moment of the crash. Rideshare companies offer different levels of insurance depending on whether the driver is waiting for a ride request, en route to pick up a passenger, or actively transporting a passenger.
The rideshare company itself rarely faces direct liability for a driver’s actions because it classifies its drivers as independent contractors. However, the company provides significant commercial insurance that covers its drivers and passengers.
The critical phases include:
- Offline: When the driver isn’t logged into the app, only their personal auto insurance applies.
- App On, Waiting for Request: The driver is available but hasn’t yet accepted a ride. A lower level of contingent liability coverage from the rideshare company may apply if the driver’s own insurance denies the claim.
- En Route to Pick Up/Transporting a Passenger: From the moment the driver accepts your ride until you exit the vehicle, the company’s full commercial policy, often including up to $1 million in liability coverage, is in effect. Your presence in the vehicle means this highest level of coverage typically applies.
When Another Driver Causes the Crash
Another driver on the road may hold full responsibility for the collision. If a non-rideshare driver ran a red light, for instance, and struck your Uber, their auto insurance policy becomes the primary source for your compensation. You would file a claim against that driver’s liability coverage.
However, nearly all personal policies contain a business-use exclusion, which means the policy won’t cover accidents that occur while the driver is working, including driving for a rideshare service.
Insurers often deny claims when they discover the driver was logged into the Uber or Lyft app. This exclusion makes the rideshare company’s commercial policy the primary source of compensation. Your rideshare accident lawyer helps confirm whether the driver’s personal policy has any relevance to your case.
If the at-fault driver has insufficient insurance or no insurance at all, you might still access the rideshare company’s Uninsured/Underinsured Motorist (UM/UIM) coverage. This policy provides an additional layer of financial protection.
Available Compensation After a Rideshare Crash
After a rideshare accident, you may seek compensation for the full scope of your losses. These damages fall into two main categories: economic and non-economic. Accurately calculating these damages forms a vital part of the claims process and demonstrates the financial impact of your injuries.
Common examples include:
- Medical Expenses: This covers all costs related to your injuries, from the initial hospital stay and surgery to ongoing needs, such as physical therapy and prescription medications.
- Lost Wages: You may recover the income you lost from being unable to work during your recovery period.
- Diminished Earning Capacity: If your injuries permanently affect your ability to perform your job or work in the same role, you can seek compensation for this future loss of income.
- Pain and Suffering: This compensates you for the physical pain, emotional distress, and mental anguish caused by the accident and your injuries.
- Loss of Enjoyment of Life: Your claim may pursue damages for the accident’s impact on your ability to participate in hobbies, recreational activities, and daily routines that you previously enjoyed.
- Permanent Scarring or Disfigurement: This provides compensation for any lasting physical alterations resulting from your injuries.
How a Lawyer Helps With What To Do if You’re Injured as a Rideshare Passenger
Hiring a lawyer after a rideshare accident removes the burden from your shoulders. Letting a legal professional manage every aspect of your claim allows you to prioritize your recovery.
They bring clarity to a confusing process and advocate for your best interests against large corporations and their insurance carriers.
Here is how a dedicated attorney helps:
- Investigation: Your lawyer launches an independent investigation to establish exactly who is liable for the rideshare accident. Gathering witness statements, traffic camera footage, vehicle data, and rideshare company records helps prove negligence.
- Identifying All Sources of Recovery: A key role for your lawyer is to identify every potential insurance policy that may provide coverage. They will untangle the complexities of the driver’s personal policy, the rideshare company’s commercial policy, and any applicable UM/UIM coverage to maximize your compensation.
- Communicating With Insurers: Your attorney takes over all communication with the multiple insurance companies involved, shielding you against insurance adjusters who may pressure you into a low settlement or try to get you to make a recorded statement that could weaken your claim.
- Calculating Damages: Experienced lawyers know how to calculate the full and fair value of rideshare claims. They consult with your doctors to understand your future medical needs and may work with financial experts to project your lost earning capacity.
- Legal Filings: Your attorney manages all the intricate legal paperwork and strictly adheres to all deadlines, including Indiana’s statute of limitations for filing a personal injury lawsuit.
- Negotiations: Your lawyer skillfully negotiates with the insurance carriers. They can challenge any unfair attempts to deny liability or downplay your injuries and work strategically to achieve a settlement that fully accounts for your losses.
- Litigation: If the insurance company refuses to offer a fair settlement, your lawyer can file a lawsuit and advocate for you in court. They’ll manage the entire litigation process, from discovery and depositions to representing you before a judge and jury.
FAQ for What To Do if You’re Injured as a Rideshare Passenger
Can a Passenger Sue After a Rideshare Accident?
Yes, a passenger can file a lawsuit after a rideshare accident. If negotiations with the insurance company don’t result in a fair settlement offer, filing a lawsuit may become necessary.
The lawsuit would typically name the at-fault driver as the defendant, and the relevant insurance company provides the funds for any personal injury settlement or court award.
What Happens if Your Uber Driver Gets in an Accident?
If your Uber driver gets in an accident while you are in the car, you can file a claim for your injuries. As a passenger, you likely have no fault. Your claim will proceed against the at-fault party, whether that is your Uber driver or the driver of another vehicle.
Uber’s $1 million commercial insurance policy is designed to cover this exact scenario.
Who Pays Medical Bills After a Rideshare Accident in Indiana?
Initially, you may use your own health insurance or medical payments coverage from your personal auto policy to pay for immediate treatment. Ultimately, the at-fault party’s insurance is responsible for reimbursing you for all medical expenses related to the crash.
A successful settlement or verdict provides the funds to cover these costs.
How Do I Report an Injury to Uber or Lyft?
You can report an injury directly through the rideshare company’s mobile app. Go to your trip history, select the trip on which the accident occurred, and look for the support or help section. There, you can find an option to report a safety issue or accident and provide the details of what happened.
What Information Is Important for My Rideshare Passenger Claim?
The most valuable information for your claim includes the police report number, contact and insurance details for all drivers, photos of the scene and vehicles, witness contact information, and screenshots of your rideshare trip details.
Also, maintain meticulous records of all your medical treatments, expenses, and lost wages. This evidence establishes liability and documents the extent of your damages.
Call Yosha Law Today
Your focus after a serious rideshare accident needs to be on your health and recovery, not on a stressful claims process and legal battle. A rideshare accident claim presents unique obstacles, but you do not have to face them alone.
Let an experienced personal injury attorney answer your questions, manage the complexities of your claim, and defend your rights. If you need guidance on what to do after a rideshare accident, call Yosha Law today at (317) 648-7319 for a free consultation.
