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.
At Rhine Law Firm, P.C., our Wilmington rideshare accident lawyers are intimately familiar with this area of litigation and can help you pursue fair compensation after a collision. With more than 30 years of legal experience and hundreds of millions of dollars recovered on behalf of our clients, our legal team has what it takes to help you seek justice.
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. If you are a passenger in a rideshare vehicle and you are involved in an accident, Uber and Lyft extend coverage up to $1 million even if the driver was reckless or negligent.
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 rideshare 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.
Although the legal situation can be more complex, the to-do list is similar to other accidents. After a rideshare accident:
The liabilities of companies like Uber and Lyft can be complicated, primarily due to rideshare companies fighting against designating their drivers as employees. This designation would place more responsibility on the companies behind the apps.
While rideshare companies usually have some insurance coverage for accidents, it is often secondary to the coverage that their drivers carry for themselves. Unfortunately, many insurance policies for drivers specifically exclude coverage for accidents when the driver is making a trip for a fee through Uber or Lyft.
A Wilmington car accident lawyer can analyze the circumstances of your accident to see if your case is relatively straightforward and can be resolved quickly or if it will take a bit more time and legal argument.
In North Carolina, the statute of limitations for negligence is three years–which is the most likely cause of action resulting from a car accident.
As a part of the process of pursuing your case, evidence will need to be gathered, some of which is time sensitive. Your attorney will be able to identify and organize this for the court. They may also wish to speak with witnesses before their memories fade, arrange for further medical diagnoses before injuries heal, or take other measures to identify and secure evidence before it becomes unavailable.Contact Us for a Free Consultation
The car accident lawyers at Rhine Law Firm can evaluate your case involving Uber or Lyft, analyze who may bear liability, and consult with you on the best way to move forward to get compensation for your injuries. We are experienced in fighting these companies in court. Westay on top of the latest developments in courts and the legislature, and are ready to bring this informed skill to your case.
The car accident lawyers for Uber and Lyft at Rhine Law Firm can evaluate your case involving Uber or Lyft, analyze who may bear liability, and consult with you on the best way to move forward to get compensation for your injuries. We are experienced in fighting these companies in court. We, stay on top of the latest developments in courts and the legislature, and are ready to bring this informed skill to your case. Contact us today for a free case evaluation.
Rhine Law Firm, P.C., is happy to assist you with getting your crash report at no cost. Visit our police report request page and fill out our form. We’ll take care of the rest.
Any injury resulting from a car wreck is unexpected and inconvenient, to say the least. However, the lasting effects of a catastrophic injury or wrongful death require justice.
Our firm can help you hold negligent or careless drivers and their insurance companies financially responsible for your medical expenses, rehabilitative costs, income loss, home modifications (if necessary) and most importantly, the pain and suffering you have endured.
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