Were you recently injured while riding in an Uber or Lyft in Indianapolis? Accidents involving ridesharing vehicles are more complex than regular car accidents, and seeking compensation for your injuries may not be straightforward. Although Uber and Lyft have been around for several years and have become popular transportation options, insurance companies still struggle to deal with liability issues following a rideshare accident in Indianapolis.
At Yosha Law Firm, we are experienced personal injury attorneys specializing in all types of car accidents, including ridesharing collisions. When you need a legal team to help you understand the details of your accident and deal with insurance companies, we can help.
How are Uber and Lyft accidents different from regular car accidents?
When an Uber or Lyft driver gets into an accident, it presents more complicated liability issues than when two regular drivers get in a crash. Ridesharing is still a relatively new concept in the auto insurance world, so there are still many open questions about how to establish liability in case of an accident.
There are several factors that make ridesharing accidents more complex than regular ones:
- Rideshare drivers are independent contractors. If the accident occurs when the Uber or Lyft driver has no passengers, the ridesharing companies may be able to dispute liability for it.
- More parties may be involved. Regular car accidents usually involve the two drivers that collided. Ridesharing accidents could also include passengers, as well as the ridesharing companies themselves.
- Indiana is a “fault state.” You file a claim against the other driver’s insurance rather than your own after an accident. But in a ridesharing crash, it may be unclear which insurer to file with.
If you’ve been in an Uber or Lyft accident, consider contacting a personal injury attorney. They’ll know best how to interpret the current laws about auto insurance and can help you deal with your insurer.
Who’s at fault in a ridesharing accident?
In an Uber or Lyft accident, the person at fault is the one whose actions led to the accident. In most scenarios, the person at fault is either the rideshare driver or the other driver. Passengers typically aren’t considered at fault in ridesharing crashes, nor are the ridesharing companies.
Determining who is at fault in a car accident is essential if one party wants to recuperate losses from the other party. However, in ridesharing accidents, proving a party was liable for the accident can be complicated.
Companies like Uber and Lyft usually require drivers to have the minimum liability auto insurance coverage allowed in Indiana, which is $25,000 for uninsured motorists, $25,000 for property damage, and $50,000 for underinsured motorists. The companies also provide drivers liability coverage that changes depending on the driver’s situation:
- The driver is not logged into the ridesharing app: No coverage is provided.
- The driver is logged into the app but has not yet accepted a ride request: Coverage is provided of up to $50,000 per person and $100,000 per accident, in addition to $25,000 for property damage if the ridesharing driver is the at-fault party.
- The driver is logged into the app and has accepted a ride request: Coverage is provided of up to $1 million if the ridesharing driver is the at-fault party.
If you’ve been in a ridesharing accident recently, whether you were the Uber/Lyft driver, the passenger, or the other driver involved, you should contact an Indianapolis ridesharing accident attorney to learn more about your potential case.
What to Do if You’re in a Rideshare Accident
Immediately after an accident in an Uber or Lyft, you should take the following actions:
- Make sure no one is hurt, including yourself. Call an ambulance if necessary.
- Call the police. Even if the accident was minor, you will want a police report of the accident to use as evidence in your legal case later on.
- If you aren’t seriously injured, try to document as much as you can from the scene of the accident. Take photos of all the vehicles involved from multiple angles; use the flash on your camera if the crash happened at night. Write down the names of all the drivers and passengers involved, as well as their contact information and insurance information. If there were witnesses, get their contact information as well.
- Visit your doctor as soon as possible. You may not notice any bad injuries or symptoms, but sometimes conditions can manifest much later after the accident. If that happens, you’ll have difficulty getting compensation for expenses related to that condition because you didn’t see a doctor right away.
- Contact a ridesharing accident attorney. Once you have recovered medically or feel well enough, call an Indianapolis Uber or Lyft accident attorney. Keep in mind that if you wait longer than two years after your accident, the statute of limitations has expired and it may not be able to claim monetary damages.
What happens if an Uber or Lyft driver hits a pedestrian?
If a ridesharing driver hits a pedestrian, many of the same rules apply as if they hit another vehicle. If the Uber or Lyft driver has a customer in the car and they’re “on the clock,” then the pedestrian who got hit may be able to file a claim against Uber or Lyft’s policy.
If the ridesharing driver wasn’t logged into their ridesharing app at the time of the collision or they are “off the clock,” then the pedestrian will have to file a claim with the driver’s insurance company.
Pedestrian accidents in Indianapolis happen more often than you think, and can lead to severe injury or fatality. When the pedestrian collision involves a rideshare driver, it can make the case less straightforward. If you were hit by an Uber or Lyft driver and want to seek compensation for your injuries or damages, contact our ridesharing accident attorneys.
What happens if an Uber or Lyft driver hits my car?
If your vehicle was hit by an Uber or Lyft driver and you sustained an injury, you can file a claim against the ridesharing company’s insurance carrier in some situations. If the ridesharing driver had the application turned on or had a customer with them, the ridesharing company’s insurance may kick in.
In other circumstances, like if the driver has the application turned off, you may have to file a claim with the rideshare driver’s personal insurance. Uber or Lyft may not give you the full compensation, either.
If you’ve been hit by a rideshare driver, you should know what your options are before you proceed. Our attorneys can sit down with you and go over the accident and facts of your case to help you determine what your next steps should be.
Do Uber and Lyft drivers have extra insurance coverage?
Drivers that work for ridesharing companies like Uber or Lyft often receive additional liability coverage from the company of up to $1 million. However, this liability coverage only applies in certain situations. If you were involved in an accident with an Uber or Lyft driver in Indianapolis, you should contact a ridesharing accident attorney to know how to proceed after the accident.
Ridesharing companies typically require drivers to have the minimum liability coverage and will provide supplemental coverage for accidents that occur when the driver is “on the clock.” You may be covered under Uber or Lyft’s insurance policies if you were:
- In an accident for which an Uber or Lyft driver was at fault
- Injured as a passenger in an Uber or Lyft vehicle, regardless of who the at-fault party is
- Injured in a collision as an Uber or Lyft driver, when another driver was at fault
In addition to coverage provided by ridesharing companies, many insurance carriers also require drivers to upgrade their personal auto insurance to a commercial or rideshare policy. Some insurance companies won’t cover rideshare drivers if they only have the minimum liability coverage.
Whose insurance policy applies in an Uber or Lyft accident?
In most ridesharing accidents, there are usually multiple insurance policies involved: the Uber or Lyft driver’s insurance, the ridesharing company’s insurance, the passenger’s insurance, and the other driver’s insurance. Determining which one applies depends on the situation:
- The ridesharing driver’s insurance covers accidents that occur when the driver isn’t logged into the app.
- The ridesharing driver’s insurance is the primary coverage for accidents that occur when the driver is logged into the app and available for rides, and the ridesharing company provides contingent coverage if the driver’s claim gets denied by their personal insurer.
- The ridesharing company covers accidents that occur when the driver has accepted a rider or is on a trip with a rider in the vehicle.
If the ridesharing driver is not the one at fault in the accident, things can be a bit more complex when it comes to insurance. You should also keep in mind that as a passenger or rideshare driver, your insurer may deny or undervalue your claim. When there are multiple parties and carriers involved, insurers can dispute liability and end up drawing the process out.
Since every auto accident is different, you won’t get all the information you need to defend yourself against insurance companies and the other parties in the accident without the help of experienced professionals. Our legal team has dealt with many ridesharing accidents and will be able to deal with the insurance companies on your behalf.
Can you sue after a rideshare car accident?
After you’ve been in an Uber or Lyft accident in Indiana, you may be able to take legal action against the rideshare company or another driver who was involved in the crash. Depending on when and how the accident occurred, you could hold Uber or Lyft liable for the accident and sue for damages.
That being said, suing Uber or Lyft could prove to be difficult, since these companies are quite large and have many legal protections in place to keep from having to pay for drivers’ and passengers’ injuries too easily.
Can Uber drivers claim compensation?
If you are a driver who was injured in a ridesharing accident and you were at fault, Uber or Lyft may try to avoid paying for injuries. You would have to provide ample evidence that you were not the at-fault party if you want to pursue compensation.
Can a passenger sue an Uber driver for an accident?
If you are a passenger who was injured in an Uber or Lyft, you may have a little more recourse if Uber’s or Lyft’s insurance carriers don’t come through for you. You may be able to file a claim with the driver’s insurance carrier, as they most likely have the minimum required coverage, if they are working as a ridesharing driver in Indiana. If they don’t happen to have the necessary insurance for your claim, you may have to sue the driver directly to get compensation.
Can you sue another motorist after a rideshare accident?
If the rideshare crash was caused by another driver, it’s possible you could file a lawsuit against them to cover for your injuries as well. As there are many factors at play in an Uber or Lyft accident, the best thing you can do to get clear answers about your situation is to contact a knowledgeable ridesharing accident attorney. Our lawyers will be able to examine your case and advise you on the best course of action to get compensation.
Pursuing Damages After Your Rideshare Accident in Indianapolis
A ridesharing accident may leave with you injuries that require long and extensive medical treatment. You may also have to miss work and receive less pay or be forced to switch to another profession because of your injuries. Severe injuries could even require lifelong medical treatment.
When you pursue compensation for damages, you may be able to recover:
- Medical bills for surgeries, medication, emergency room visits, doctor’s visits, and more
- Ongoing medical care such as physical therapy or in-home aid
- Lost wages for missed work
- Reduced earning capacity if you can no longer perform the same duties at work due to your injuries
- Monetary compensation for pain and suffering
- Restitution for loss of quality of life
When you come to us, we can help you recover these damages and any others that apply to your situation. A bad injury in a rideshare accident can dramatically impact your life. We work to ensure that you can start to rebuild your life, piece by piece.
Work with Experienced Indianapolis Rideshare Accident Attorneys
Ridesharing accidents can easily become complicated and feel overwhelming. Trying to deal with the accident on your own — while you’re in the middle of recovering from your injuries — may not be the best course of action if you’re looking for compensation.
If you want to recover damages you’ve suffered from your ridesharing accident, the legal team at Yosha Law is ready to offer our guidance and support. We’ll be by your side at every stage of the process, offering our advice and ensuring you always understand your options.