Wilmington Rideshare Accident Lawyer
Ridesharing, most notably Uber and Lyft, has gained widespread popularity and continues to expand. As this new mode of transport evolves, insurance claims for injury and damages sustained can become a little complex due of the number of variables in play.
When the Uber/Lyft driver is on the road but not available to passengers (not in driver mode) and he or she gets into collision or hits a cyclist or pedestrian, the driver’s personal insurance coverage applies. Uber and Lyft do not extend insurance coverage to their drivers in this case.
When the rideshare driver is on the road and available (in driver mode with the rideshare application on), but has not yet accepted a trip, the driver’s personal auto insurance covers him as well as an additional contingent liability coverage from the rideshare company. This contingent coverage can cover up to $50K per person and $100K maximum per accident for bodily injury and a $25K maximum for property damage if the driver’s personal car insurance doesn’t respond.
Should you be injured (as another driver, pedestrian, cyclist, etc.) by an Uber/Lyft driver who is in driver mode, how you recover compensation, how much you can get, and from which policy depends on the position the driver’s personal car insurance takes. In some cases, the Uber/Lyft driver may get dropped by their own insurance because they were hiring themselves out. While Lyft and Uber will step in, in that case, recovering compensation can become complicated and take undue time.
As the rideshare market evolves, there are still issues that are unresolved. Currently Uber/Lyft drivers are privately licensed motorists but are arguably acting as commercial drivers. They are also independent contractors and that role may be adjudicated to include times when they are not in driver mode. For example, they haven’t yet logged into the app, but they are on the road because they are going to be working, as demonstrated by their weekly work patterns.
Also, what if an Uber/Lyft driver commits a criminal act toward the passenger? Is the rideshare company liable? Uber and Lyft deny liability, but it was through their company that the ride was solicited. State by state, rideshare laws are continuing to evolve.
If you have suffered an injury or property damage due to the actions of a rideshare driver, we strongly recommend that you contact our Wilmington car accident attorneys for a free consultation. This area of litigation is continually changing and without our experienced guidance, you might be forced to settle for much less than you deserve – or nothing at all.
Call us now at: (910) 772-9960 or toll free (866) 772-9960.
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